Many, if not all, of the convictions relating to illegal gun possession require mandatory and lengthy periods of prison, even for a first-time offender. Additionally, if convicted, you are almost always going to lose your right to own a firearm. If you’re accused of a gun crime of any kind, contact the skilled Union County criminal defense lawyers here at The Mark Law Firm for a free, confidential consultation today.
Gun Crime Charges in New Jersey
New Jersey’s gun laws are primarily governed by N.J.S.A. 2C:39, which outlines a wide range of weapons offenses, as well as N.J.S.A. 2C:58-3, which addresses firearm permits and identification requirements. These statutes are known for being both detailed and unforgiving, meaning that even technical violations can result in criminal charges. Some of the most commonly charged gun offenses in Union County are as follows:
- Unlawful possession of a firearm (N.J.S.A. 2C:39-5): This charge applies when a person is found in possession of a handgun, rifle, or shotgun without the required permits or identification cards. In New Jersey, simply owning a firearm legally in another state does not make possession lawful here.
- Possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4): Prosecutors may bring this charge if they believe a firearm was possessed with the intent to use it unlawfully against another person or property, even if it was never actually used.
- Certain persons not to have weapons (N.J.S.A. 2C:39-7): Individuals with specific prior convictions, including certain felonies or domestic violence offenses, are prohibited from possessing firearms under any circumstances.
- Unlawful transport or improper storage of a firearm: New Jersey law imposes strict rules on how firearms must be transported, typically requiring that they be unloaded, secured, and only moved between specific locations such as a home, place of business, or shooting range.
- Possession of prohibited weapons or devices: This may include items such as sawed-off shotguns, large-capacity magazines, or certain types of ammunition that are banned under state law.
It is important to understand that New Jersey does not recognize out-of-state firearm permits, and exemptions for lawful possession are narrowly defined. As a result, individuals traveling through the state or relocating from elsewhere often find themselves facing charges they never anticipated.
Penalties for Gun Crimes in NJ
The penalties associated with gun crimes in New Jersey are among the harshest in the country, and many offenses fall under the Graves Act, which mandates minimum periods of incarceration without eligibility for parole. Even first-time offenders may face significant consequences that extend well beyond fines or probation. Depending on the specific charge, penalties may include:
- Mandatory prison sentences under the Graves Act: Many gun offenses require a minimum term of imprisonment, often several years, during which parole is not an option.
- Second-degree crime penalties: Certain offenses, such as unlawful possession of a handgun, are classified as second-degree crimes, which carry:
- 5 to 10 years in state prison
- A presumption of incarceration, even for first-time offenders
- Third-degree crime penalties: Other violations may be charged as third-degree offenses, which can result in:
- 3 to 5 years in prison
- Significant fines and court costs
- Extended parole ineligibility periods: Under the Graves Act, defendants may be required to serve a substantial portion of their sentence before becoming eligible for parole.
- Permanent criminal record: A conviction for a gun offense can lead to long-term consequences, including difficulty obtaining employment, housing, or professional licenses.
- Loss of firearm rights: Individuals convicted of certain offenses may be permanently barred from owning or possessing firearms in the future.
- Additional penalties if tied to other charges: If a firearm is alleged to have been used in connection with another crime, such as robbery or assault, the penalties can increase significantly.
Contact Our Gun Crime Lawyers in Union County
If you’re charged with a gun crime, don’t wait to seek legal counsel. Contact the Union County gun crime lawyers here at The Mark Law Firm for an initial consultation today so we can help protect your future.
