New Jersey law establishes several gun-related offenses. If you have been charged with any type of gun crime in New Jersey, you are facing serious consequences, and you need to be prepared to defend yourself by all means available. This starts with hiring an experienced New Jersey gun charge lawyer to represent you.
When you hire an experienced New Jersey gun charge lawyer to represent you, your lawyer will examine the details of your case to determine the specific charges you are facing, the penalties that are on the table, and the defenses you have available. Once you have all of this information, you can start making informed decisions about your next steps.
Facing Gun Charges in New Jersey: An Overview
With this in mind, the following is an overview of common gun crimes in New Jersey and the associated penalties, along with an introduction to potential defense strategies in these cases. These are not the only potential charges, penalties, and defenses. To make sure you have a clear understanding of what is at stake in your case, you should consult with an experienced New Jersey gun charge lawyer promptly.
Gun Crimes and Associated Penalties in New Jersey
Several provisions of the New Jersey Revised Statutes establish gun-related offenses. Defending against the following charges (among others) requires experienced legal representation:
Prohibited Weapons and Devices
Section 2C:39-3 of the New Jersey Revised Statutes prohibits the possession of various specific types of firearms and related devices. Some examples of offenses under Section 2C:39-3 include:
- Knowingly possessing a sawed-off shotgun (third-degree indictable offense)
- Knowingly possessing a firearm silencer (fourth-degree indictable offense)
- Knowingly possessing a defaced firearm (fourth-degree indictable offense)
While there are exceptions, knowingly possessing a prohibited firearm or related device can lead to a conviction in a wide range of circumstances. This is true regardless of whether you used, sold, or even intended to use or sell the firearm or device in question.
Possession of Weapons for Unlawful Purposes
Section 2C:39-4 of the New Jersey Revised Statutes prohibits possessing a lawful firearm for unlawful purposes. Under Section 2C:39-4.a(1), “[a]ny person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.”
Section 2C:39-4 also prohibits the possession of imitation firearms in certain circumstances. Specifically, possessing an imitation firearm, “under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose,” is a fourth-degree indictable offense.
Unlawful Possession of Weapons
Section 2C:39-5 of the New Jersey Revised Statutes prohibits the unlawful possession of weapons generally. Unlike Section 2C:39-4, Section 2C:39-5 does not require evidence of an “unlawful purpose.” Some examples of gun crimes under Section 2C:39-5 include:
- Possessing a machine gun without a license (second-degree indictable offense)
- Possessing a handgun without a permit (third or second-degree indictable offense)
- Possessing a rifle or shotgun without a firearms purchaser identification card (third-degree indictable offense)
Section 2C:39-5(d) also makes it a third-degree indictable offense to knowingly possess a loaded rifle or shotgun, “[u]nless otherwise permitted by law.”
Penalties for Gun Crimes in New Jersey
The penalties for gun crimes in New Jersey depend on the degree of the offense charged. For most gun-related offenses, the potential penalties include:
- Second-Degree Indictable Offenses – 5 to 10 years in prison and up to a $150,000 fine.
- Third-Degree Indictable Offenses – 3 to 5 years in prison and up to a $15,000 fine.
- Fourth-Degree Indictable Offenses – Up to 18 months in prison and a $10,000 fine.
Gun crime convictions can have other serious consequences as well. Along with restricting your gun rights and resulting in temporary loss of your right to vote, a gun crime conviction can also impact your civilian or military career, your parental rights, and your immigration status. Even these are just examples of the potential consequences of a gun crime conviction in New Jersey.
Potential Defenses to New Jersey Gun Charges
With these potential consequences in mind, if you are facing any type of gun charge in New Jersey, it is imperative to prioritize your defense. When you hire an experienced New Jersey gun charge lawyer to represent you, your lawyer will assist with identifying all viable defense strategies under the circumstances at hand.
Some examples of potential defenses to New Jersey gun charges include:
Violations of Your Constitutional Rights
If the police obtained evidence against you in violation of your constitutional rights, this evidence may be inadmissible in court. Without admissible evidence, prosecutors won’t be able to prove your guilt beyond a reasonable doubt. Your New Jersey gun charge lawyer can determine if you have grounds to assert any constitutional defenses in your case.
Unjustified Criminal Allegations
If you have been unjustly accused of violating the law, then a conviction is unwarranted. For example, if you were not actually in “possession” of an unlawful firearm or you did not have an “unlawful purpose,” this could warrant a dismissal.
Compliance with the Law
Likewise, if you were in compliance with the law, you do not deserve to face the life-altering consequences of a criminal conviction. For example, if you had a license, permit or firearms purchaser identification card and were charged improperly, proving this could end your case without further consequences.
Exemptions Under Section 2C:39-6
Section 2C:39-6 of the New Jersey Revised Statutes establishes several exemptions to the prohibitions established under Section 2C:39-5. If any of these exemptions apply in your case, this may provide a complete defense to criminal culpability.
A Note About “Ghost Guns”
In New Jersey, firearms that are either built by a person at home, assembled from a kit, or made using 3D printing technology, and do not have a serial number are commonly known as “ghost guns.” Ghost guns are mostly illegal in New Jersey, where some of the strongest gun laws in America are found. New Jersey law explicitly prohibits buying, manufacturing, possessing, or distributing firearm frames or receivers that have not been serialized, or assembling kits with the intent of manufacturing an unserialized firearm. N.J.S.A. 2C: 39-9(k) makes it illegal for someone who is not licensed as a firearm dealer to acquire firearm parts or a kit to build a firearm that will not be serialized. Possessing a firearm that is not serialized can also be charged under N.J.S.A. 2C:39-5 (unlawful possession of a weapon).
Ghost gun offenses are generally third- or second-degree crimes that can be punished by imprisonment for three to 10 years and monetary fines. Additionally, under New Jersey law, it is illegal to distribute instructions on how to manufacture ghost guns or 3D-printing files for these guns.
Discuss Your Case with an Experienced New Jersey Gun Charge Lawyer at Helmer, Conley & Kasselman, P.A.
Do you need to know more about facing a gun charge in New Jersey? If so, we can help; please contact us promptly. To discuss your case with an experienced New Jersey gun charge lawyer at Helmer, Conley & Kasselman, P.A. in confidence, call 877-435-6371 or tell us how we can help online now.
