If you face a firearms or weapons charge in this state, you will need sound advice and strong legal defense representation from a New Jersey gun crime lawyer at Shugar Law Office. Our legal team will protect your rights and bring the matter to its best possible outcome.

In some cases, simply possessing certain weapons is a violation of New Jersey laws. New Jersey has some of the severest weapons laws in the United States. Still, homicides, suicides, accidents, and other incidents involving a firearm accounted for 393 deaths in New Jersey in 2024.

Who May Own a Firearm in New Jersey?

Federal law sets minimum gun ownership standards. If you receive a conviction in any state for a felony or misdemeanor domestic violence incident, until you receive a full pardon, you may not buy or own a firearm in the U.S.

The Constitution protects law-abiding gun owners and their right to bear arms, but federal laws and New Jersey gun laws determine who may own a firearm and what firearms are legal for New Jersey residents. Knowing the law is essential for gun owners in New Jersey.

If You Face a Gun Charge, Who Can Help?

If you face a gun charge in New Jersey, you want an experienced criminal defense attorney fighting on your behalf. A New Jersey gun crime attorney at Shugar Law Office has considerable experience defending clients against gun charges and weapons-related offenses.

If you receive a conviction for using a firearm while committing a crime, a New Jersey court can impose severe penalties. Your lawyer will develop a defense strategy to reduce, dismiss, or defer the weapons charge to help you avoid a gun crime conviction.

If we cannot negotiate a plea deal or have the charges dismissed, and your weapons case goes to trial, the New Jersey attorneys at Shugar Law Office will protect your rights, cast doubt on the state’s evidence, and explain to the jurors why they should find you not guilty.

What is the Most Common Weapons Violation?

New Jersey weapons charges address the unlawful possession or use of a handgun, rifle, knife, razor, and other weapons. A hammer, bat, bottle, pipe, or almost any other object may legally constitute a deadly weapon, depending on how someone uses it.

The most common weapons violations involve illegal possession, where someone (such as a convicted felon or a minor) possesses or purchases a firearm without legal authorization.

Possessing firearms (including handguns, rifles, shotguns, machine guns, and assault weapons) without a gun permit is a third-degree crime in New Jersey. The unlawful possession of any other weapon that requires a license or valid permit is a fourth-degree crime.

What Are the Penalties for Weapons Violations?

These are the potential penalties for an illegal firearm possession conviction for a first-time offender in New Jersey:

1. A conviction for a second-degree criminal offense is punishable with five to ten years in prison and a fine of up to $150,000.

1. A conviction for a third-degree offense is punishable with three to five years in prison and a fine of up to $15,000.

1. A conviction for a fourth-degree offense is punishable with up to eighteen months in prison and a fine of up to $10,000.

Frequently, a weapons violation accompanies a charge such as robbery, assault, or domestic violence. The use of a gun or other weapon in the commission of a crime creates a more serious charge. An assault that involves a firearm is an aggravated assault, for example.

What Are Red Flag Laws?

New Jersey’s red flag laws allow law officers or family members to petition a court to seize firearms temporarily from those deemed a risk to themselves or others. Enacted in 2019, the state’s red flag laws allow for the seizure of someone’s firearms before an incident occurs.

The process entails a court hearing where a judge determines whether to issue an Extreme Risk Protection Order (ERPO) to seize someone’s firearms based on the petition and evidence. If you need to file or challenge an ERPO petition, ask a New Jersey weapons attorney at Shugar Law Office to assist you. If issued, the court determines how long the ERPO will remain in effect.

During that time, the individual may not buy or possess firearms or ammunition. Failure to comply with an ERPO can prompt criminal charges. New Jersey judges do not grant every ERPO request. They strive to ensure that red flag laws do not violate anyone’s rights.

What is the Graves Act?

The Graves Act is a mandatory sentencing law in New Jersey that requires a minimum prison sentence for most weapons offenses and a period with no parole eligibility.

Parole ineligibility applies to one-third to one-half of an offender’s sentence, or three years, whichever is greater. For a second or subsequent firearms conviction, parole ineligibility is five years. Anyone convicted of a fourth-degree offense must serve a mandatory eighteen months.

How Will Shugar Law Office Assist You?

New Jersey criminal courts presume a defendant is innocent until a prosecutor proves guilt beyond a reasonable doubt. The legal team at Shugar Law Office will explain your side of the case and make sure the facts are known. When you choose our law firm, we will:

1. secure your release for the lowest bail available or on your own recognizance
2. investigate the charge against you, including eyewitness statements and police reports
3. determine if the police conducted an unlawful search or otherwise violated your rights

We then seek to negotiate a reduction or dismissal of your charge. Prosecutors may offer a plea deal if the defendant is a first-time offender, no one was hurt, and no other damage occurred. We prepare each weapons violation case with the presumption that it will go to trial.

We Represent New Jersey Gun Owners

Anywhere in New Jersey, if you’re charged with the unlawful possession of a firearm or any weapon-related offense, immediately put your case in the hands of a New Jersey criminal defense attorney at Shugar Law Office.

We know the federal and state gun laws. When you bring your firearms case to Shugar Law Office, we will explain the legal process, protect your rights, and bring the matter to its best possible resolution.

If you face a weapons charge in New Jersey, now or in the future, call Shugar Law Office at 609-544-2811 to arrange a free consultation with a New Jersey weapons attorney.