New Jersey has some of the toughest gun laws in the country — all aimed at reducing gun violence and keeping communities safe. But those strict laws can also mean harsh penalties for anyone caught violating them, even unintentionally.
That’s why it’s so important for firearm owners to fully understand the state’s regulations and the serious consequences of illegal gun possession. Below, we’ll break down what qualifies as unlawful possession in New Jersey, the penalties that come with it, and how a defense attorney can help if you’re facing charges.
An Overview of New Jersey Gun Laws
New Jersey heavily regulates firearm ownership and transport. Unlike states that follow constitutional carry, New Jersey requires individuals to obtain the proper license and permits before purchasing or carrying a firearm. Additionally, a background check through the national instant criminal background check system is mandatory at the point of sale, and unauthorized firearm transfers are prohibited under state law.
Illegal Gun Possession in New Jersey Includes:
- Possession Without a Permit – Any person found carrying a gun without a valid permit or license faces serious charges. This includes both open and concealed carry violations.
- Criminal Possession of a Weapon – A person found with an illegal or unregistered weapon could face felony charges, leading to a conviction that impacts employment and other aspects of life.
- Possession of a Prohibited Firearm – The state bans assault weapons, high-capacity magazines, and homemade firearms. Many laws also restrict modifications such as altered trigger mechanisms or removed serial numbers.
- Unlawful Transport of Firearms – Transporting a firearm improperly in a vehicle or across state lines without following strict regulations can result in criminal charges.
- Gun Possession by Prohibited Individuals – People with a history of domestic violence, a prior felony, or those under a restraining order cannot legally own or possess a firearm.
Penalties for Illegal Gun Possession in New Jersey
Violating New Jersey gun laws carries harsh penalties that depend on the nature of the offense. The prosecutor can pursue severe punishment, especially if the case involves a violent crime or past offenses.
- Prison Sentences – Illegal gun possession is generally classified as a felony, often leading to a prison sentence of 5 to 10 years. Under the Graves Act, mandatory minimum sentencing applies, meaning individuals must serve 42 months in prison before becoming eligible for parole.
- Heavy Fines – Convicted individuals may face fines ranging from thousands to tens of thousands of dollars. These fines do not include additional tax penalties or court fees imposed by the judge during the trial.
- Enhanced Sentences for Prior Offenders – If a person has a prior criminal record, their sentence may be increased significantly. Law enforcement agencies and the district attorney often push for maximum penalties in such cases.
- Ineligibility for Future Permits – After a conviction, the individual may be permanently barred from obtaining a firearm license.
- Probation and Monitoring – Some defendants may receive probation instead of imprisonment, but this often comes with strict conditions, including electronic monitoring and travel restrictions.
Legal Defenses Against Gun Possession Charges
An illegal gun possession charge isn’t necessarily set in stone—the criminal justice system allows defendants to present evidence and argue against conviction in court. A skilled criminal defense attorney can use various strategies to challenge a gun possession charge, including the following:
- Lack of Probable Cause – If the police officer conducted an unlawful search or lacked probable cause for an arrest, the lawyer can file a motion to suppress illegally obtained information or evidence. For example, if the firearm was discovered during a vehicle stop without reasonable suspicion, the attorney could challenge the police’s actions as unlawful and in violation of the Fourth Amendment.
- Mistaken Identity or False Accusation – In some cases, the defendant may have been wrongly accused due to false information from an informant, misleading statements from a witness, or mistaken identity.
- Plea Bargains and Lesser Charges – A criminal defense attorney can negotiate with the district attorney for a plea bargain and potentially reduce the felony to a misdemeanor.
- Violation of Constitutional Rights – Depending on the circumstances, a criminal defense lawyer may argue that the defendant’s rights under the Second Amendment to the United States Constitution were violated.
If You’re Facing an Illegal Gun Possession Charge, Call Us Today to Schedule a Consultation
If you’re facing criminal possession of a weapon charges, having professional legal representation is critical to defending yourself in a court of law. At Shugar Law Office, we specialize in gun possession defenses in New Jersey, as well as other criminal matters, to ensure our clients receive the best legal defense possible.
Reach out today to schedule your consultation.
