New Jersey Defense Lawyers for Gun & Firearm Offenses
Aggressive Defense Lawyers Represent Clients Charged with Gun & Firearm Offenses in Gloucester County, Camden County, and Burlington County, NJ
The second amendment right to bear arms is a controversial topic in today’s society. Gun and firearms offenses are on the rise and New Jersey legislatures have passed laws designed to reduce gun violence across the state. Because of this, gun and firearms offenses are punished extremely harshly in the courts. A single first-time offense involving guns and firearms can expose you to mandatory minimum prison time.
New Jersey gun and firearms laws are complex and, in some cases, relatively new. Attempting to navigate these laws without an experienced lawyer is a mistake. Hercules Law Group, LLC has an established track record of successfully helping clients fight gun and firearm charges. An accomplished defense lawyer who is well-versed in evolving New Jersey gun laws can build an innovative defense—and fight to get the best outcome for you.
Hercules Law Group, LLC prides itself on offering solutions to clients charged with gun and firearms offenses. Courts do not look kindly on citizens who violate the New Jersey gun laws—even inadvertently. If you have been arrested on gun charges, a qualified defense lawyer will protect your legal rights and work to reach a solution that protects your best interests.
A conviction on gun charges can land you in jail and become a mark on your criminal record for years to come. Don’t risk your future by hiring an inexperienced lawyer. Hercules Law Group, LLC specializes in criminal defense to give you the best chance at a favorable outcome. Call or use this online contact form to schedule your free case review today.
Complex New Jersey Gun Laws
New Jersey gun and firearms laws are complex and detailed. They criminalize much more than the simple illegal use of guns. The following provides a sample of some of the New Jersey gun and firearms rules that, if violated, can land you in jail:
- Certain types of guns, such as sawed-off shotguns and assault weapons, are deemed so dangerous that even the mere possession of the weapon is a crime
- Individuals who have previously been convicted of felony-level crimes can lose their right to possess a gun
- Individuals who are subject to a restraining order based on domestic violence may be restricted from possessing a gun or firearm
- People who lawfully own guns and firearms are not permitted to carry those weapons outside of their homes unless (1) they have a carry permit or (2) the gun is being transported to the gun range and the unloaded gun is properly stored in a locked box, somewhere that people in the vehicle cannot reach it (such as the trunk)
- Possessing a gun or firearm for an unlawful purpose is a crime
- Enhanced penalties apply for carrying a gun or firearm while in the process of distributing certain controlled dangerous substances (drugs)
To legally possess a gun or firearm in New Jersey (even in your own home), you must generally have a valid permit (the gun must be registered). Handguns can only be registered to people who are at least 21 years old (the age is reduced to 18 for certain other weapons).
Harsh Penalties for Guns & Firearms Offenses: The New Jersey Graves Act Under N.J.S.A. 2C:43-6
Most New Jersey gun and firearms offenses are punished as indictable offenses (felony-level crimes). The Graves Act imposes a mandatory minimum prison sentence before parole eligibility for first and second-degree offenses. The general rules are as follows:
- First-degree gun and firearm offenses are the most serious, covering offenses such as armed robbery. Punishment may include ten-20 years in prison.
- Second-degree gun and firearm charges apply in cases involving (1) illegal gun possession and (2) possession of a gun for an unlawful purpose. You could face five to ten years in prison and, under the Graves Act, be required to serve about three years without the possibility of parole. The state imposes a presumption of incarceration even for first offenders.
- Third-degree charges can result in three to five years in prison, but are typically reserved for cases not involving real guns—offenses involving BB guns, Airsoft guns, pellet guns, etc. may be graded as third-degree crimes
Remember, to become subject to the harshest New Jersey gun charges, there is no need for you to commit another crime. Because carry permits in the state are so rarely issued, many people inadvertently commit a gun crime simply by transporting their firearm improperly. The Graves Act applies to first-time offenders and repeat offenders alike.
An experienced gun charge defense lawyer can explore options that might persuade the prosecution and judge to waive the mandatory minimum jail sentence. Talented lawyer Hercules Pappas of the Hercules Law Group, LLC can fight to obtain a Graves Act waiver and will work to help you put your mistake in the past as quickly as possible.
Contact an Accomplished Defense Lawyer to Discuss Options in Your Case Today
Hercules Law Group, LLC’s trusted and experienced defense lawyer will patiently explain every step of the process so that you know what to expect. If you have been charged with a gun or firearm offense, call or use this online contact feature to schedule a free initial consultation today.
Frequently Asked Questions About New Jersey Guns & Firearms Offenses
Red flag laws are relatively new. They are a response to the rise in mass shootings in recent years. New Jersey red flag law allows the police to confiscate your firearm if someone believes that you pose a threat to others or yourself. The process for having your gun temporarily taken away is fast—judges can generally approve a request upon very little evidence. Later, you will be entitled to present your own evidence to potentially get your guns or firearms back.
To purchase any gun in New Jersey, you must first obtain a lifetime (“global”) permit. You must also obtain a permit for every additional handgun you purchase (and are limited to purchasing one handgun per month). It is this permitting process that serves as each handgun’s registration. Permits for purchase are required even if you purchase from another private person. Carry permits in New Jersey are very difficult to obtain, so most people are not legally allowed to carry their guns outside of the home. Most carry permits are issued to law enforcement officials. To obtain a carry permit, you must generally demonstrate a life threatening need for the firearm.