According to the Associated Press, President Joe Biden announced a half-dozen executive actions to combat gun violence in America. AP.com explained that “Biden’s new steps include a move to crack down on ‘ghost guns,’ homemade firearms that lack serial numbers used to trace them and are often purchased without a background check,” among other things. Read on to learn more about New Jersey’s current gun laws.
Who is Eligible to Obtain a Gun?
New Jersey has some of the strictest gun laws in the country. Therefore, not everyone will be eligible to obtain a gun permit. The following individuals are not eligible to own a gun:
- Those convicted of aggravated assault, arson, burglary, extortion, homicide, kidnapping, robbery, sexual assault
- Those committed for mental disorder unless there is satisfactory proof they no longer suffer from a disorder that handicaps them from handling a firearm
- Those convicted of the unlawful use, possession, or sale of controlled dangerous substances
- Minors under the age of 18
- Those who are drug dependent
- Those who have physical defects that make them unsafe to handle a firearm
Weapons Offenses
Residents in the state of New Jersey must have a permit in order to legally purchase a firearm. When an individual applies for a permit, a variety of background checks are done. Those who do not follow this process and instead purchase a weapon illegally may face certain penalties for doing so. There are a variety of ways an individual may commit a weapons offense. Some of the most common offenses include:
- Unlawful concealed or open carry of a firearm
- Possession of an unregistered or stolen firearm
- Possession of a firearm without a legal permit
- Possession of an assault rifle or sawed-off shotgun
- Possession of an airsoft or BB gun
- Possession of a knife, baseball bat, or crowbar for criminal purposes
- Transporting firearms through the state of New Jersey from another state
Potential Penalties
Illegal possession of a machine gun or handgun is a second-degree crime. This can lead to a jail sentence of 5-10 years. Illegal possession of an assault rifle is a second-degree crime. Illegal possession of a rifle or shotgun is a third-degree crime. Illegal possession of an air gun, spring gun, or weapon of a similar nature is a third-degree crime. Third-degree crimes can lead to a jail sentence of 3-5 years.
If you have any questions or concerns about how to obtain a gun, or gun crimes in New Jersey, contact our firm to speak with an experienced criminal defense attorney.
Contact our experienced New Jersey firm
When someone is charged with a crime, they have a lot to consider. However, we understand that everyone makes mistakes, which is why we are here to help. No matter your circumstances, if you are facing criminal charges, contact the Law Offices of Michael A. Policastro today for the experienced legal counsel you deserve and need.