New Jersey has some of the strictest gun laws in the United States. If you have been arrested for unlawful possession of a handgun or another weapons offense in Englewood Cliffs, you are facing severe penalties, including mandatory state prison time under the Graves Act. Even if you are legally licensed to carry a firearm in New York or another neighboring state, crossing the George Washington Bridge into New Jersey with a handgun can result in a devastating second-degree felony charge.

I am Brett M. Rosen, Esq., a partner at Proetta, Oliver & Rosen. As a Criminal Trial Attorney certified by the Supreme Court of New Jersey, and licensed to practice law in both New Jersey and New York, I provide aggressive legal defense for clients facing life-altering weapons charges. We have an office in Englewood Cliffs, I am positioned to defend clients in Bergen County against complex criminal indictments and serious municipal offenses. Call our office today for a free consultation at 201-693-0476. 

Understanding New Jersey Handgun Charges (The Graves Act)

In New Jersey, handgun offenses are incredibly serious. Unlike minor infractions, most gun charges are classified as indictable offenses (felonies). The most common charges include:

• Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5): Possessing a handgun without a valid New Jersey permit to carry is a second-degree crime. It carries a potential sentence of 5 to 10 years in New Jersey State Prison.

• Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4): If you possess a firearm with the intent to use it unlawfully against a person or property, you face another second-degree charge, heavily penalized under state law.

The Graves Act Mandatory Minimums

New Jersey enforces the Graves Act, which mandates a strict period of parole ineligibility for most gun-related convictions. This means that if convicted, you must serve a minimum mandatory sentence—typically 42 months (3.5 years)—before you are even eligible for parole. You need a defense attorney who knows how to deconstruct the prosecution’s case and seek Graves Act waivers or Pre-Trial Intervention (PTI) when applicable.

Potential Defenses to NJ Handgun Charges

Generally, to defeat a gun charge, an attorney must possess extensive trial experience and a deep understanding of constitutional law. When reviewing weapons cases, I immediately investigate the following potential defenses:

• Illegal Search and Seizure (4th Amendment Violations): How did the police find the gun? If an Englewood Cliffs police officer or State Trooper pulled you over on the Palisades Interstate Parkway and searched your vehicle without probable cause, a warrant, or valid consent, the evidence (the handgun) may be suppressed. If the gun is thrown out of evidence, the case is typically dismissed.

• Lack of Knowing Possession: The State must prove that you knowingly possessed the weapon. If a friend left a gun under the passenger seat of your car without your knowledge, you lack the requisite intent.

• Constructive Possession Issues: If a weapon is found in a shared space (like a car with four passengers or a shared apartment), the prosecution must prove you had the ability and intention to exercise control over the weapon. Mere presence near a firearm is not enough for a conviction.

• Out-of-State Resident / FOPA Exceptions: The federal Firearm Owners Protection Act (FOPA) provides a safe harbor for travelers transporting unloaded, properly secured firearms through New Jersey to a legal destination. While New Jersey police frequently ignore this and arrest drivers anyway, a skilled attorney can use FOPA as a powerful defense in court.

Englewood Cliffs Municipal Court Information

While serious handgun charges are ultimately sent to the Bergen County Superior Court in Hackensack, your initial processing, first appearances, or downgraded charges may take place locally. Additionally, the local municipal court handles all disorderly persons offenses and severe traffic tickets.

Englewood Cliffs Municipal Court

• Address: 10 Kahn Terrace, Englewood Cliffs, NJ 07632

• Phone Number: (201) 568-7860

• Jurisdiction: Initial processing for indictable offenses, disorderly persons offenses (misdemeanors), DWI/DUI, and traffic violations occurring within the borough.

Frequently Asked Questions (FAQs)

1. I am licensed to carry a handgun in New York; why was I arrested in Englewood Cliffs? New Jersey does not offer reciprocity for out-of-state gun permits. A New York or Pennsylvania concealed carry permit is entirely invalid in New Jersey. Unless you fall under a strict exemption (such as federal FOPA traveling rules), bringing a handgun into NJ without a specific NJ permit is a second-degree crime.

2. Can I avoid jail time for a Graves Act gun charge? Yes, but it is highly complex. A defense attorney can apply for a “Graves Act Waiver” (under N.J.S.A. 2C:43-6.2). If granted by the Bergen County Prosecutor and the judge, this waiver can reduce the mandatory prison sentence to a probationary term or allow entry into the Pre-Trial Intervention (PTI) program, which can result in the charges being dismissed entirely upon completion.

3. What should I do if the police ask to search my car during a traffic stop? Never consent to a search. Be polite but firm, and clearly state, “I do not consent to a search of my vehicle.” If the police search your car anyway, an attorney can later file a motion to suppress the evidence in court based on an illegal search.

Contact a Bergen County Criminal Trial Attorney Today

Do not gamble with your freedom, your criminal record, or your driving privileges. Whether you are facing a second-degree handgun indictment or a serious traffic citation on Route 9W, you need tested, trial-ready representation.

Brett M. Rosen, Esq. | Proetta, Oliver & Rosen Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney

Contact our Englewood Cliffs office today to schedule a confidential consultation. Let us build your defense. 201-693-0476 & brett@nynjcriminalcivilesq.com

Disclaimer & Attorney Advertising Notice The materials and information provided on this page have been prepared for general informational and educational purposes only and do not constitute legal advice. Accessing or viewing this site does not create an attorney-client relationship between you and Brett M. Rosen, Esq., or Proetta, Oliver & Rosen. Do not act upon any information provided on this website without seeking advice from a licensed professional in your jurisdiction. Prior results do not guarantee a similar outcome. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.