The state of New Jersey is known for having some of the strictest gun laws in the country. It is because of this that law enforcement and courts work hard to penalize those who they feel violated the state’s gun statutes. Regardless of whether maximum penalties are sought, offenders will likely be sentenced to prison time and a period of parole ineligibility. Those who possess an unlicensed firearm in the state of New Jersey may be subject to severe penalties. If you have been charged with a gun crime, it is crucial that you retain the services of an experienced Bergen County criminal defense lawyer. Read on to learn more about gun crimes in NJ and how we can help if you’ve been charged with on.
Examples of Gun Crimes in NJ
As the state holds strict gun laws, anyone who wants to purchase a pistol is required to obtain a permit to do so. In addition to this, those who want to carry their guns need to have a separate permit. This is regardless of whether or not the firearm is concealed. There is a mandatory 30-day waiting period for handguns for residents. The waiting period is 45 days for non-residents. If a person is in unlawful possession of a handgun, it is classified as a second-degree criminal offense. This can subject an offender to the possibility of a prison sentence between five and 10 years in New Jersey State Prison. This crime also violates the Graves Act. As a result, the offender must serve a minimum period of imprisonment before they are eligible for parole.
In the event that a person is in possession of a rifle, Airsoft gun, shotgun, paintball gun, or BB gun, they can face between three and five years in state prison. Unlawful possession of any other weapon is classified as a fourth-degree crime. This can result in up to 18 months in prison.
Who Cannot Own a Gun?
While the Constitution allows the right to bear arms under the Second Amendment, states have the right to make their own regulations. This includes who can purchase and own a firearm. Certain individuals are unable to do so due to the fear that they may be a danger to themselves or others. The following people are prohibited from obtaining a firearm in New Jersey:
- Those convicted of aggravated assault, arson, burglary, extortion, homicide, kidnapping, robbery, sexual assault
- Those committed for a 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
If you’ve been charged with a gun crime in the state of New Jersey, don’t hesitate to pick up the phone and give our legal team a call today.