Atlantic County Criminal Defense Lawyer Defends Clients Facing Gun Possession Charges in NJ
The carrying of firearms is legal in many of the 50 United States. New Jersey is not one of them. Further, many states recognize the gun permits issued in other states. Once again, New Jersey doesn’t. In fact, in the state of New Jersey you must have a valid New Jersey permit to carry a gun; no other state permits are accepted here.
If you or someone you know has been arrested and charged with unlawful possession of a gun, you may be facing serious repercussions including fines and jail time. Additionally, there are numerous laws governing when and where a lawfully permitted gun can be used in New Jersey.
If you are facing any gun-related charges in Atlantic or Cape May counties, you should speak with a knowledgeable NJ gun defense lawyer at the Law Firm of John W. Tumelty. Mr. Tumelty has been a successful NJ criminal defense lawyer for more than 35 years. He will explain your rights and do his very best, as he has for many others in your situation, to get the charges and penalties either reduced or eliminated.
Lawyer for Carrying a Handgun Without a Permit in Atlantic City, NJ
While U.S. citizens may be quick to quote the U.S. Constitution and their “right to bear arms,” many people don’t know that laws governing gun purchasing, ownership and usage are handled by each individual state. New Jersey is one of the strictest, if not the most strict state, in the country with regard to weapons laws.
This includes New Jersey residents as well as those who do not reside in New Jersey. This means that if you live in another state, and get stopped with a gun while driving through New Jersey or visiting a friend in New Jersey, you will be charged will possession of a firearm without a lawful permit.
A 2014 Atlantic County NJ case in point: A Philadelphia woman was arrested and charged with carrying a concealed weapon during a routine traffic stop – even though she was in possession of a Pennsylvania carry permit. However, since that permit has no legal weight in NJ, she faced up to three years in prison on the charges. The defendant was permitted to enter Pre-Trial Intervention after the case highlighted the challenges associated with the neighboring states not having reciprocal gun laws.
To be clear, all guns carried in NJ must be unloaded and contained in a locked case. In a car, it must be locked in the trunk. Regardless of the gun laws in your state, New Jersey only recognizes carry permits issues here. Therefore, if you are stopped and charged with unlawful possession of a gun in New Jersey, you need to contact an experienced criminal defense lawyer immediately to protect your rights and – quite literally – your freedom.
What are the Penalties for Gun Possession without a Permit in NJ?
If you are caught with a handgun and don’t have a valid New Jersey permit to carry a gun, even if you do have a permit in another state, you will be charged with a second degree crime, according to state statute N.J.S.A. 2C:39-5b. If you are found guilty of this charge, be aware that second degree offenses in the state of New Jersey come with a sentence of between five and 10 years in jail.
If you are charged with possession of a gun for the purpose of committing a crime against people or property, you may be slapped with an additional five to 10 years under statute N.J.S.A. 2C:39-4, also called “Possession of a Firearm for an Unlawful Purpose.”
Anyone caught with a gun, either owning or possessing, after having been convicted of certain crimes, domestic violence or if they are found to be suffering from mental illness, may face a third charge, 2C:39-7, known as Certain Persons Not to be in Possession of a Firearm.
John W. Tumelty is a former Atlantic County assistant prosecutor; he knows the strategies the state will use in an effort to convict you of your gun charges. Speak to him about your rights and the possibility of getting the charges against you reduced or thrown out. He can also explain how being convicted of this charge falls under the Graves Act, which makes anyone found guilty of certain charges ineligible for parole for a certain period of time.
Finally, since he is an outspoken supporter of Pre-Trial Intervention, Tumelty may be able to help you avoid jail time and a permanent criminal record by getting you accepted into PTI in Atlantic or Cape May counties or anywhere else in New Jersey..
The Basics of NJ Gun Law
Concealed vs. Unconcealed In the state of New Jersey, the laws make absolutely no distinction between concealed and unconcealed weaponry.
Purchasing and Selling Laws: You may not buy/receive or sell/give a shotgun or rifle without a valid Firearms.
Purchasers Identification card (FID): Anyone looking to buy must present the FID card. Likewise, it is illegal to sell a firearm to anyone without actually viewing the valid FID card.
Ownership/Possession: You may not possess or carry a handgun outside your home without having a permit to carry. As previously noted, you do need an FID to own or possess a rifle or shotgun, but you do not need a permit to carry either of these.
Guns & Schools: In New Jersey, unless you are a law enforcement official, you are not permitted to possess any firearm anywhere on the grounds or inside any school building. This includes public and private schools, colleges and universities or any other educational institution. This law stands regardless of permits and valid FID cards.
Vehicle-related Gun Laws: You may not be in possession of a loaded shotgun or rifle or shoot a gun from any vehicle or across any roadway. This law stands regardless of whether or not the owner has a permit to carry or FID card.
Assault Firearms: Laws regarding ownership of some semi-automatic weapons are restricted in New Jersey.
Laws regarding gun ownership and usage are quite complex in the state of New Jersey. To understand the nuances of the laws and the penalties for these specific gun regulations and many others, speak to a knowledgeable criminal defense attorney. John W. Tumelty has successfully represented many people charged with gun possession. He will work tirelessly on your behalf to protect your rights.
Speak to an Experienced NJ Weapons Possession Lawyer for Free
If you have been arrested and charged with any gun-related law in New Jersey, don’t try to go it alone. Speak to an experienced attorney who can explain your rights and perhaps save you from serious consequences associated with your gun charges. Contact the Law Firm of John W. Tumelty for a free, no obligation consultation. He will speak with you by phone or in one of his three conveniently located South Jersey offices in Marmora, Somers Point and Atlantic City.