New Jersey is known for having some of the strictest gun laws in the United States. These regulations are meant to reduce gun violence in the state and improve public safety, they also mean that people accused of gun crimes are looking at serious criminal charges. If you are charged with a gun crime in New Jersey, it’s very important to reach out to a gun defense lawyer near you, they will be able to fight the charges and make sure your rights are protected.
When it comes to gun charges in New Jersey, there are some that are more common than others. It’s important to be aware of these so that you can make sure you are in compliance with current laws.
Unlawful Possession of a Firearm
In New Jersey, individuals are required to have a valid permit or license to legally own or carry most firearms. If you do not have one of these, you can be charged with unlawful possession of a firearm. This is actually one of the most frequently charged gun crimes in the state. This offense occurs when someone possesses a firearm without the proper documentation, like a Firearms Purchaser Identification Card (FID) or a Permit to Carry a Handgun.
If you are charged with possession of a handgun without a permit, it is a second-degree felony crime, which is punishable by 5 to 10 years in prison and mandatory minimum sentencing under the Graves Act. If you are found guilty of possession of a rifle or shotgun without an FID card, it is a third-degree felony crime, and carries a prison term of 3 to 5 years.
Possession of a Firearm for an Unlawful Purpose
This charge happens when someone is accused of intending to use a firearm to commit a crime, such as robbery, assault, or other illegal acts. Prosecutors must prove the accused had a specific criminal intent while they were in possession of the weapon.
If charged with possession of a firearm for an unlawful purpose you could be looking at a prison sentence of 5 to 10 years, among other penalties as this is a second-degree crime.
Illegal Sale or Transfer of Firearms
You are able to sell or transfer ownership of a gun from one individual to another in New Jersey, however, when doing so you must follow strict legal requirements. Neglecting to do so is a serious crime. Both licensed dealers and private individuals must comply with background checks, permits, and transfer documentation. Violations of this law include selling firearms without proper authorization or transferring them to individuals who are not legally permitted to own them.
If you are charged with the illegal sale of firearms, it is typically a third-degree crime, punishable by 3 to 5 years in prison. If the sale involved multiple firearms or restricted weapons, then the charges can escalate to second-degree crimes with harsher penalties.
Possession of a Prohibited Weapon or Device
Not all types of guns are allowed in New Jersey, the law bans certain firearms and devices outright. Prohibited weapons include sawed-off shotguns, silencers, defaced firearms where the serial numbers have been removed, and high-capacity magazines exceeding the state’s limit of 10 rounds.
Depending on the type of weapon and circumstances, if charged with possession of a prohibited weapon, you are generally looking at third-degree criminal charges, although certain items may allow for a reduced to a fourth-degree charge, while other specific items like defaced firearms can result in second-degree charges. For a third-degree charge, individuals could be looking at 3 to 5 years in prison.
The Graves Act and Gun Crime Sentencing
New Jersey has a law called the Graves Act, which plays a significant role in how gun crimes are sentenced. This law imposes mandatory minimum prison sentences for many firearm-related offenses, even for first-time offenders. In most cases, individuals convicted under the Graves Act are ineligible for parole until they have served a significant portion of their sentence, usually three to five years. It is important to be aware of how the Graves Act could impact penalties should you be convicted of a gun crime.
Speak With A Gun Crimes Attorney When Dealing With A Weapons Charge
Gun crime charges in New Jersey carry significant consequences, including lengthy prison sentences and steep fines, they need to be taken very seriously. Understanding the state’s laws and avoiding prohibited actions can help residents and visitors avoid serious legal trouble. For those facing charges, securing skilled legal representation from a weapons defense lawyer is essential to achieve the best possible outcome.
