In addition, unlawful possession of a handgun is subject to the Graves Act, which requires a mandatory minimum sentence of 3 ½ years without parole eligibility for any person convicted of this offense. The Graves Act also applies to any person who possesses a handgun with a purpose to use it unlawfully against another person or property, or who possesses, receives, or transfers a community gun, which is a firearm that is transferred among, between, or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against another person or property.

Unlawful possession of a handgun is a very serious and complex charge to defend against. You need to understand the law and your rights. This type of charge is also commonly associated with possession of a weapon for an unlawful purpose. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you have been charged with the unlawful possession of a handgun in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

If you are accused of an unlawful possession of a handgun in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of a handgun charge in New Jersey, as well as some common defenses that may be available to you.

What is the Law on Unlawful Possession of a Handgun in New Jersey?

Under New Jersey law, it is a crime to knowingly possess a handgun without a permit. This crime is defined in New Jersey Statute 2C:39-5b.

The statute states that “any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S. 2C:58-4, is guilty of a crime of the second degree.”

In order to be convicted of unlawful possession of a handgun, the prosecutor must prove the following elements:

• You knowingly possessed a handgun in New Jersey.
• You did not have a New Jersey permit to possess the handgun.

According to New Jersey law, a handgun is any pistol, revolver, or other firearm originally designed or manufactured to be fired by the use of a single hand. A handgun does not include any antique firearm, which is any firearm manufactured before 1898, or any firearm that is inoperable and incapable of being fired.

Unlawful possession of a handgun occurs when a person knowingly has in his or her possession any handgun without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4. A permit to carry a handgun is different from a permit to purchase a handgun, which is required to buy a handgun from a licensed dealer or a private seller. A permit to carry a handgun is also different from a firearms purchaser identification card, which is required to buy or possess a rifle or a shotgun.

A permit to carry a handgun is very difficult to obtain in New Jersey, as the applicant must demonstrate a justifiable need to carry a handgun for self-defense or for employment purposes. The applicant must also meet other requirements, such as being 21 years of age or older, being a citizen or legal resident of the United States, being of good character and not suffering from any mental or physical condition that would make it unsafe for him or her to handle firearms, and having no criminal history or domestic violence restraining orders.

A permit to carry a handgun is issued by a Superior Court judge in the county where the applicant resides or works, after an investigation by the local police and the approval of the county prosecutor. The permit is valid for two years and can be renewed upon showing a continued justifiable need.

Elements of Unlawful Possession of a Handgun Charge

In New Jersey, the prosecutor must prove every element beyond a reasonable doubt in order to convict you of an unlawful possession of a handgun charge (N.J.S.A. 2C:39-5(b)). According to the New Jersey Model Jury Charge, the prosecutor must prove each element beyond a reasonable doubt:

1. S-___ is a handgun (CHARGE IF APPROPRIATE: That there was a handgun);
2. That the defendant knowingly possessed the handgun; and
3. That the defendant did not have a permit to possess such a weapon.

Per the New Jersey Model Jury Charge, the first element is defined as: 

Under our law, a handgun is any pistol, revolver or other firearm originally designed or manufactured to fire or eject any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by action of an explosive or the igniting of flammable or explosive substances by the use of a single hand.

What are the Penalties for Unlawful Possession of a Handgun in New Jersey?

Unlawful possession of a handgun is a second-degree crime in New Jersey. This means that it is punishable by a prison sentence of up to 10 years, a fine of up to $150,000, or both.

In addition, a conviction for unlawful possession of a handgun will result in a mandatory period of parole ineligibility under the Graves Act. This means that you must serve at least 42 months in prison before you are eligible for parole.

If you have a prior indictable conviction, then you may face a first-degree crime. A first degree crime carries up to 20 years in prison, and fine of up to $200,000.

When Does Unlawful Possession of a Handgun Become a First Degree Charge in New Jersey?

Unlawful possession of a handgun can become a first degree charge in New Jersey if you have a prior conviction for a certain crime, or if you possessed the handgun for an unlawful purpose.

• Prior Conviction: Under N.J.S.A. 2C:39-5(j), any person who knowingly has in his or her possession any handgun without first having obtained a permit to carry the same, who has previously been convicted of a crime enumerated in N.J.S.A. 2C:43-7.2, is guilty of a first degree crime. This means that if you have a prior conviction for a serious offense, such as murder, robbery, kidnapping, aggravated assault, sexual assault, carjacking, terrorism, or racketeering, and you are caught with a handgun without a permit, you can face up to 20 years in prison and up to $200,000 in fines.
• Unlawful Purpose: Under N.J.S.A. 2C:39-4(a), any person who has in his or her possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a second degree crime. However, if the firearm is a handgun, the charge is elevated to a first degree crime. This means that if you have a handgun with the intention of committing a crime, such as burglary, theft, assault, or murder, you can face up to 20 years in prison and up to $200,000 in fines.

The Graves Act

The Graves Act, codified at N.J.S.A. 2C:43-6, is a New Jersey law that imposes strict penalties for certain firearms offenses. It is considered one of the most stringent gun control laws in the United States. The Graves Act was enacted in 1994 and has been amended several times since then.

Scope of the Graves Act

The Graves Act applies to a wide range of firearms offenses, including:

• Possessing a firearm without a permit
• Possessing a firearm while committing a crime
• Possessing a firearm with the intent to use it unlawfully
• Defacing a firearm (e.g., removing a serial number)
• Possessing a firearm when prohibited (e.g., due to a prior felony conviction or a domestic violence restraining order)
• Manufacturing or transporting firearms illegally

Mandatory Minimum Sentences

The Graves Act mandates lengthy prison sentences for those convicted of certain firearms offenses. For example, a person convicted of unlawfully possessing a handgun without a permit must serve a minimum of three years in prison before they are eligible for parole. A person convicted of possessing a firearm while committing a crime must serve a minimum of 42 months in prison before they are eligible for parole.

Exceptions to Mandatory Minimum Sentences

There are two exceptions to the mandatory minimum sentences under the Graves Act:

• Graves Act Waiver: The prosecutor may waive the mandatory minimum sentence if they believe that there are mitigating factors that justify a lesser sentence. However, this usually needs to go through several steps, such as the prosecutor’s supervisor or the first assistant prosecutor giving their consent for the waiver.
• Pre-trial Intervention (PTI): A judge may sentence a defendant to PTI, which is a diversionary program that allows them to avoid a criminal conviction if they successfully complete the program. Yet, a judge is only allowed to do this if the prosecutor consents to both a waiver of the Graves Act as well as consents to the defendant’s acceptance into PTI. In order to be eligible for PTI, a defendant must have no prior criminal convictions and must be considered a good candidate for rehabilitation. The defendant must also agree to comply with certain conditions, such as participating in counseling or community service. If a defendant is granted PTI, they will be placed on probation for a period of one to three years. During this time, they will be required to comply with the conditions of PTI. If the defendant successfully completes PTI, the charges against them will be dismissed. However, if the defendant violates the conditions of PTI, they may be prosecuted for the original offense.

Domestic Violence and Handguns in New Jersey: Protecting Yourself and Following the Law

In New Jersey, domestic violence is a serious issue, and the state takes steps to protect victims. One crucial measure involves restricting access to firearms for those convicted of domestic violence or subject to restraining orders. Here’s a detailed breakdown of domestic violence and handgun possession laws in New Jersey, aiming for clarity and high search appeal:

Understanding Domestic Violence Laws:

• Definition: Domestic violence encompasses physical violence, threats, harassment, stalking, and emotional abuse between current or former intimate partners, roommates, or family members.

• Restraining Orders: New Jersey offers temporary and permanent restraining orders to protect victims from further harm. These orders might restrict the abuser’s contact with the victim and their residence.

Firearm Restrictions for Domestic Violence Offenders:

• Prohibitions: New Jersey law strictly prohibits individuals convicted of specific domestic violence offenses (misdemeanor or felony) from possessing firearms or ammunition.

• Restraining Orders and Firearms: A restraining order in New Jersey might include provisions barring the abuser from purchasing, owning, possessing, or controlling firearms. This applies to all firearms, not just handguns.

What Happens if You Violate the Law?

• Penalties: Violating these firearm restrictions can lead to serious consequences, including felony charges, significant fines, and jail time.

• Seized Firearms: Law enforcement may also seize any firearms found in the possession of a prohibited individual.

Contact our office today to discuss your case. 

What are Defenses for Unlawful Possession of a Handgun in New Jersey?

There are a few common defenses that may be available to people charged with the unlawful possession of a handgun in New Jersey. However, please keep in mind that these defenses are typically based on the facts of each individual case. A few defenses include, but are not limited to, the following:

• Lack of knowledge: You may be able to defend yourself against a charge of unlawful possession of a handgun if you did not know that you were in possession of the handgun. For example, if you found the handgun on the ground and picked it up without knowing what it was, you may be able to argue that you lacked the knowledge required for a conviction. Another example, you may have borrowed a car or a bag that contained a handgun without your knowledge, or you may have mistaken a handgun for a toy or a replica.

• Unlawful search and seizure: If the handgun was seized from you as a result of an unlawful search and seizure, your attorney may be able to file a motion to suppress the evidence. If the motion is granted, the prosecutor will not be able to use the handgun as evidence against you at trial.

• Self-defense: If you were in possession of the handgun for self-defense purposes, you may be able to argue that you were justified in possessing the handgun. However, this defense is very narrow and it is important to discuss it with an experienced criminal defense attorney. You can claim that you possessed the handgun for self-defense, or that you used the handgun for self-defense. For example, you may have been in imminent danger of death or serious bodily injury, or you may have been defending your home or property from an intruder.

• Lack of possession: You can claim that you did not have actual or constructive possession of the handgun, or that you had only temporary and innocent possession of the handgun. For example, you may have found a handgun and were on your way to report it to the police, or you may have taken a handgun away from someone who was threatening you or someone else.

• Valid permit not immediately available: If you had a valid NJ permit but it was not immediately accessible during the arrest, this could be a defense.

A New Jersey criminal defense lawyer can help you explore your options and present the best possible case for your situation. A lawyer can also help you challenge the evidence and the arguments of the prosecution, and seek to reduce or dismiss the charge or negotiate a plea bargain. 

Statute of Limitations for Unlawful Possession of a Handgun in New Jersey

Unlawful possession of a handgun is a serious offense in New Jersey, and it can result in severe penalties, including mandatory prison time and fines. If you are facing charges of illegal firearm possession, you need to know the statute of limitations for this crime, which is the time limit within which the prosecution must file a case against you.

The statute of limitations for unlawful possession of a handgun in New Jersey is five years from the date of the offense. This means that if the authorities do not charge you within five years of the date when you allegedly possessed a handgun without a permit, they cannot prosecute you for this crime. However, there are some exceptions and circumstances that can extend or toll the statute of limitations, such as:

• If you are a fugitive from justice, the statute of limitations is suspended until you are apprehended or surrender to the authorities.
• If you are already under indictment or have a pending charge for another offense, the statute of limitations is tolled until the disposition of that case.
• If the offense involves a minor victim, the statute of limitations is extended to the later of five years from the date of the offense or two years from the date the victim reaches the age of 18.
• If the offense is part of a continuing criminal enterprise or conspiracy, the statute of limitations is extended to five years from the date of the last act in furtherance of the enterprise or conspiracy.

It is important to note that the statute of limitations only applies to the filing of charges, not to the trial or conviction. Once you are charged with unlawful possession of a handgun, the prosecution can proceed with the case regardless of how much time has passed since the offense. Therefore, you should not rely on the statute of limitations as a defense strategy, and you should seek legal representation as soon as possible if you are accused of this crime.

Unlawful possession of a handgun is a second-degree crime in New Jersey, punishable by five to 10 years in prison and up to $150,000 in fines. Additionally, under the Graves Act, you must serve a minimum of one-half of the sentence or three years, whichever is greater, before you are eligible for parole. Furthermore, if you are a certain person who is prohibited from possessing a firearm due to a prior conviction, you face an enhanced penalty of five to 10 years in prison without parole eligibility.

If you are charged with unlawful possession of a handgun in New Jersey, you need an experienced and aggressive criminal defense attorney who can fight for your rights and freedom. 

New Jersey Illegal Handgun Charge? Don’t Panic. Here’s What To Do Next.

Facing a handgun possession charge in New Jersey can be scary and confusing. But knowledge is power! Here’s a clear roadmap to navigate this situation and protect your rights:

1. Take a Deep Breath and Gather Information:

• Review the Charges: Carefully examine the details on the complaint, including the specific handgun laws you’re accused of violating.
• Recall the Incident: Write down everything you remember about the events leading to the charge.
• Gather Evidence: If you have any documentation that might support your case (permits from another state, proof of proper storage, witness statements), hold onto it securely.

2. Understand Your Options (Without Legalese):

• Consulting a Lawyer: An experienced New Jersey gun law attorney, such as Brett M. Rosen, is crucial. They can explain the charges, analyze your case, and advise on the best course of action, such as fighting the charges in court or negotiating with the prosecutor.

3. The Power of Legal Representation:

• Fighting the Charges: Your lawyer can explore potential defenses based on the specifics of your case. This might involve questioning the legality of the search that led to the discovery of the firearm, arguing for a technicality in the law, or demonstrating your lack of knowledge about the violation.
• Negotiation: In some cases, your lawyer might negotiate with the prosecutor for a reduced charge or dismissal of some charges in exchange for completing gun safety courses or probation.

Taking Charge of Your Situation:

By staying calm, gathering information, and seeking qualified legal representation, you can take control of your situation and potentially minimize the consequences of this charge. Remember, acting quickly and with the guidance of a lawyer is key! Contact our office today for a consultation. 

New Jersey Handgun Possession: Your Burning Questions Answered

New Jersey has some of the strictest gun control laws in the country. If you’re unsure about handgun possession regulations in the Garden State, you’re not alone. Here’s a breakdown of frequently asked questions (FAQs) to shed light on this complex topic:

• Question: Is a handgun charge in New Jersey serious?
  • Answer: Yes, a handgun charge in New Jersey is considered very serious. Unlawful possession of a handgun is classified as a second-degree crime, which can result in a prison sentence of 5 to 10 years and fines up to $150,000. There is also the Graves Act that requires a minimum of 42 months of prison time before becoming eligible for parole. The state has some of the strictest gun laws in the country, and the consequences can be more severe if there are additional charges involved, such as possession with an unlawful purpose or during the commission of other crimes.

• Question: I had a valid permit from New York/Pennsylvania for a handgun, can I still be charged in New Jersey if I don’t have a permit there?
  • Answer: Yes, even if you have a valid handgun permit from New York or Pennsylvania, you can still be charged in New Jersey if you do not have a New Jersey permit. New Jersey does not recognize handgun permits from any other state. The laws are very strict, and carrying a gun without a New Jersey permit is a second-degree offense, which could result in a mandatory prison sentence of 5 to 10 years. It’s crucial to be aware of the specific laws of each state regarding firearms and to ensure you have the proper permits when traveling.

• Question: Is there a statute of limitations for a New Jersey handgun charge?
  • Answer: In New Jersey, the statute of limitations for indictable crimes, which would include a handgun charge, is generally five years. This means that the state has five years from the date of the alleged offense to bring charges against an individual. 

• Question: If my handgun was inoperable, can I be charged with an illegal handgun in New Jersey?
  • Answer: Yes, in New Jersey, the law states that any person who knowingly has in their possession any handgun, including an inoperable one, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. This includes handguns that are rendered inoperable. Therefore, even if your handgun was inoperable, you could still face charges for illegal possession of a handgun if you do not have a New Jersey permit. 

• Question: What is a Temporary Extreme Risk Protective Order in New Jersey?
  • Answer: A Temporary Extreme Risk Protective Order (TERPO) in New Jersey is a civil court order that temporarily prohibits individuals who pose a significant danger of bodily injury to themselves or others from purchasing and possessing firearms and ammunition. It is part of the Extreme Risk Protective Order Act of 2018 and is designed to prevent individuals who are deemed to be a risk from having access to firearms. The TERPO process allows certain people, such as family members or law enforcement officers, to petition the court for the order, which, if granted, requires the individual to surrender their firearms and ammunition and prohibits them from acquiring new ones during the period the order is in effect.

• Question: Can I own a handgun in New Jersey?

  • Answer: Yes, but with significant restrictions. You’ll need a permit to purchase a handgun and another permit to carry it concealed. Both permits involve rigorous background checks, safety training.

• Question: How do I obtain a Firearms Purchaser Identification Card (FPIC) and/or a Permit to Purchase a Handgun in New Jersey?

  • Answer: To get a permit to purchase, apply through your local police department or the New Jersey State Police station covering your municipality. Out-of-state residents can apply for an FPIC through the New Jersey State Police. Apply online using the Firearms Applicant Registration System (FARS) after obtaining the proper ORI number from your residence police department.

• Question: What if I inherit a handgun in New Jersey?

  • Answer: You must follow strict procedures to inherit a handgun legally. This might involve transferring the firearm to a licensed dealer or someone with a valid New Jersey permit.

Renowned New Jersey Illegal Handgun Defense Attorney 

If you have been charged with the unlawful possession of a handgun in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for unlawful possession of a handgun, and we will fight aggressively to protect your rights and interests. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your illegal handgun charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your handgun charge defense.

Contact us today for a free consultation.