Gun Possession in New Jersey

The United States Constitution gives Americans the right to bear arms. This means that they may legally own a gun. In order to do so, an individual is required to go through the right process to acquire a permit. New Jersey is one of the strictest states in the nation when it comes to gun control. If an individual is found in possession of a gun and they do not have a permit, they may be subject to harsh consequences. These consequences may worsen if a firearm was used in connection to a crime. Failure to follow gun laws in the state of New Jersey can put other individuals in very serious danger.

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 on the applicant. In order to be cleared for a permit, they must pass these checks. Those who do not follow this process and purchase a weapon illegally may face certain penalties for doing so. There are a variety of ways an individual may commit a weapons offense. This can include but is not limited to:

  • 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

There are different types of charges that follow breaking gun laws. If an individual is in illegal possession of an airsoft or spring gun, this is considered to be a third-degree crime. It is also a third-degree crime to illegally possesses a rifle or shotgun. If an individual in illegal possession of a machine gun, handgun, or assault rifle, it is a second-degree crime.

Upgraded Offenses

Sometimes, penalties for a crime may increase depending on the circumstances surrounding an offense. There are many situations in which a crime may be upgraded to a more serious one because a weapon was included. For example, if a person uses a weapon during a theft, they may be charged with armed robbery. Similarly, penalties for combination crimes often increase as well. In New Jersey, offenders are often subject to the No Early Release Act. This act requires offenders to serve at least 85% of their sentence before they may be considered for parole.

Contact our Firm

If you or someone you know was charged with illegal gun possession and wishes to speak with an attorney, contact the Law Office of Michael A. Policastrotoday.

If you have been charged with a crime in New Jersey, it is essential to retain the quality legal services of an experienced criminal defense attorney. Contact the Law Office of Michael A. Policastro today to schedule a consultation so we can discuss your situation.