Gun and weapon possession laws in New Jersey are among the strictest in the nation. Being charged with illegal possession or improper storage of firearms can lead to severe penalties, including prison time and a permanent criminal record. Understanding the charges, your rights, and potential defenses is essential to ensuring the best possible outcome for your case.
Understanding Gun and Weapon Possession Laws in New Jersey
In New Jersey, the law heavily regulates the possession, carrying, and storage of firearms and other weapons. Key aspects of these laws include:
- Permits and Licenses: To legally own a firearm, you must obtain the appropriate permits, including a Firearms Purchaser Identification Card (FID) for long guns or a permit to purchase handguns.
- Restricted Weapons: Certain weapons, like sawed-off shotguns, silencers, and specific types of knives, are prohibited outright.
- Trigger Locks and Safe Storage: Firearms must be securely stored in a locked container or fitted with a trigger lock to prevent unauthorized access. Failure to comply with storage requirements can result in charges, especially if minors gain access to the firearm.
- Carrying Weapons: Carrying a firearm without a valid permit, even if unloaded, is considered unlawful possession and is subject to strict penalties.
- Prohibited Persons: Individuals with certain criminal convictions, restraining orders, or mental health commitments are prohibited from owning or possessing firearms.
Common Gun and Weapon Charges
Some of the most common charges involving weapons include:
- Unlawful Possession of a Weapon: Possessing a firearm or other weapon without the required permits or licenses.
- Possession of a Weapon for an Unlawful Purpose: Having a weapon with the intent to use it to commit a crime.
- Improper Storage: Failing to properly secure a firearm with a trigger lock or in a safe, particularly in homes with children.
- Possession of Prohibited Weapons: Owning or carrying banned items like hollow-point ammunition or assault weapons.
Penalties for Gun and Weapon Offenses
Penalties for weapons offenses in New Jersey are severe and often mandatory under the state’s Graves Act, which requires minimum prison terms for many gun-related offenses. Possible penalties include:
- Prison sentences ranging from 5 to 10 years for unlawful possession of a firearm.
- Mandatory minimum sentences without parole eligibility under the Graves Act.
- Substantial fines.
- Loss of firearm ownership rights.
Defending Against Gun and Weapon Charges
If you are facing gun or weapon charges, a skilled defense attorney can evaluate your case and develop a strategy tailored to the specifics of your situation. Common defense strategies include:
- Unlawful Search and Seizure: If law enforcement violated your constitutional rights during the search or seizure of your weapon, the evidence could be suppressed.
- Permit or License Validity: Demonstrating that you had the appropriate permits or licenses at the time of the alleged offense.
- Lack of Knowledge or Intent: Proving you were unaware of the weapon’s presence or had no intent to use it unlawfully.
- Trigger Lock Compliance: Showing evidence that the firearm was properly secured or stored in compliance with New Jersey’s storage laws.
- Mistaken Identity or Ownership: Arguing that the weapon did not belong to you or that you were wrongfully accused.
- Exception Under the Law: Certain exemptions, such as transporting a firearm between your home and a shooting range, may apply.
Why You Need a Skilled Criminal Defense Attorney
Gun and weapon possession cases are complex and can quickly escalate due to New Jersey’s strict regulations and mandatory sentencing laws. Having an experienced attorney by your side ensures that your rights are protected and that all possible defenses are explored.
At Ziegler Law Group, LLC, we are committed to defending your rights against gun and weapon charges. Our experienced attorneys understand the nuances of New Jersey’s firearm laws and will work tirelessly to achieve the best possible outcome for your case.
Contact Ziegler Law Group Today
If you or a loved one has been charged with a gun or weapon offense, do not wait to seek legal representation. Contact Ziegler Law Group, LLC today for a consultation. Let us provide the experienced defense you need to protect your freedom and your future.
