New Jersey has some of the strictest firearm laws in the country. Unfortunately, many people find themselves facing serious criminal charges without ever believing they were violating the law in the first place. In some situations, a person may lawfully own a firearm in another state, only to unknowingly break New Jersey law by bringing that same firearm across state lines. In others, someone may simply fail to obtain the proper permits or unknowingly possess a prohibited weapon. Regardless of how the charges arise, a firearm offense is not something that should ever be taken lightly. If you have been arrested for illegal firearm possession, you should continue reading and speak with a seasoned Union County gun crime lawyer from The Mark Law Firm who can defend you at every turn. Here are some of the questions you may have:
What is considered illegal firearm possession in New Jersey?
Simply put, there are several ways a person can be charged with illegally possessing a firearm in New Jersey. While many people assume these charges only apply to individuals who unlawfully purchase guns, that is not necessarily the case. Depending on the circumstances, someone may face criminal charges simply because they possessed a firearm without complying with New Jersey’s firearm laws. Some situations that may result in illegal firearm possession charges include:
- Possessing a handgun without the required permit.
- Carrying a concealed firearm without lawful authorization.
- Possessing a prohibited firearm or weapon.
- Transporting a firearm in violation of New Jersey law.
- Possessing a firearm after being prohibited from doing so because of a prior conviction or another legal restriction.
- Possessing a firearm while committing another criminal offense.
What penalties can someone face for illegal firearm possession?
Generally speaking, the penalties for illegal firearm possession can be severe. New Jersey treats many firearm offenses as indictable crimes, which are the equivalent of felonies in many other states. As a result, a conviction can carry consequences that extend well beyond fines and incarceration. Depending on the specific offense, a person convicted of illegal firearm possession may face the following:
- Significant fines.
- A lengthy term of imprisonment.
- A permanent criminal record.
- Mandatory minimum periods of incarceration for certain offenses.
- Difficulty obtaining employment in the future.
- Loss of certain civil rights.
- Immigration consequences for non-citizens in some situations.
You should also note that New Jersey’s Graves Act imposes mandatory minimum prison sentences for many firearm-related offenses. Simply put, this means that certain individuals convicted of qualifying firearm crimes may be required to serve a substantial portion of their sentence before becoming eligible for parole.
What should you do if you have been charged with illegal firearm possession?
If you have been arrested or charged with illegally possessing a firearm, one of the most important things you can do is exercise your right to remain silent until you have spoken with an attorney. Quite often, individuals attempt to explain the situation to law enforcement, believing that a simple misunderstanding can quickly be cleared up. Unfortunately, statements made during an investigation can sometimes be used against a defendant later in court. Generally speaking, if you are facing firearm charges, you should consider taking the following steps:
- Remain respectful during any interaction with law enforcement.
- Exercise your right to remain silent.
- Avoid discussing your case with anyone other than your attorney.
- Preserve any documents relating to firearm ownership or permits.
- Follow all court orders and release conditions.
- Contact an experienced New Jersey criminal defense attorney as soon as possible.
The sooner you retain counsel, the better. Here at The Mark Law Firm, we have extensive experience representing people facing gun charges in New Jersey, and we stand ready to put that experience to work for you. Contact us today so we can begin building a comprehensive defense on your behalf.
