Elizabeth, NJ Unlawful Possession of Shotgun/Rifle Lawyer                 

If you are accused of a unlawful possession of a shotgun or rifle 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, 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 our office today to discuss you or your loved one’s charge of unlawful possession of a shotgun or rifle today.

What is Unlawful Possession of a Shotgun or Rifle in New Jersey?

Under New Jersey law, it is unlawful to possess a shotgun or rifle if you do not have a valid firearms identification card (FIC) and a valid permit to purchase a firearm (PPF). In addition, it is unlawful to possess a shotgun or rifle if you are a convicted felon, have been adjudicated as mentally ill, or have been convicted of certain domestic violence offenses.

What are the Penalties for Unlawful Possession of a Shotgun or Rifle in New Jersey?

The penalties for unlawful possession of a shotgun or rifle in New Jersey vary depending on the specific circumstances of the case. However, in general, this crime is a third-degree indictable (equivalent of a felony in other jurisdictions), punishable by: 

• Up to five years in prison
• A fine of up to $15,000. 

In some cases, this crime may also be charged as a second-degree felony, punishable by up to ten years in prison and a fine of up to $150,000.

Defenses to Unlawful Possession of a Shotgun or Rifle in New Jersey

There are a number of defenses that may be available to someone who is charged with unlawful possession of a shotgun or rifle in New Jersey. Some of the most common defenses include:

• Possession of a shotgun or rifle for a lawful purpose. For example, if you are a police officer or a licensed hunter, you may be able to argue that you possessed the shotgun or rifle for a lawful purpose.
• Lack of knowledge or intent. If you did not know that you were in possession of a shotgun or rifle, or if you did not intend to possess a shotgun or rifle, you may be able to argue that you should not be convicted of this crime.
• Unlawful search and seizure. If the police obtained the shotgun or rifle as a result of an unlawful search and seizure, the evidence may be suppressed and you may be able to avoid conviction for this crime.
• Pre-Trial Intervention: If you have never been convicted of a crime and have not used a previous diversionary program, then you may be eligible for Pre-Trial Intervention (PTI). PTI is a diversionary program where if you complete it successfully, the charges will be dismissed. You are also eligible to expunge the charges from your record 6 months after the case has been dismissed.

If You Are Charged with Unlawful Possession of a Shotgun or Rifle in New Jersey

If you are charged with unlawful possession of a shotgun or rifle in New Jersey, it is important to contact an experienced criminal defense attorney immediately. A skilled attorney can help you understand your rights and options, and can develop a strong defense strategy on your behalf.

Here are some additional tips for defending against a charge of unlawful possession of a shotgun or rifle in New Jersey:

• Be honest with your attorney. Your attorney can only help you if you are honest with them about the facts of your case.
• Gather any evidence that may be helpful in your defense. This may include witness statements, documents, or physical evidence.
• Cooperate with your attorney. This means providing them with all of the information they need to develop your defense and representing yourself in court in a professional manner.

Frequently Asked Questions (FAQs) 

• Question: Is there a statute of limitations for unlawful possession of shotgun/rifle in New Jersey?
  • Answer: Yes, in New Jersey, the statute of limitations for indictable crimes, which would include unlawful possession of a shotgun or rifle, is generally five years. However, it’s important to note that certain circumstances may affect this time frame, such as if the offense is connected to more serious crimes with longer statutes of limitations or no limitations at all. 

• Question: Can I be charged with unlawful possession of a shotgun/rifle in New Jersey when I legally owned the gun in Pennsylvania? 
  • Answer: Yes, In New Jersey, firearms legally acquired in another state and legal to possess in New Jersey may be brought into the state by the owner when establishing residency. However, New Jersey does not recognize out-of-state gun carry permits, meaning that a gun legally purchased and possessed in another state is not legal for you to carry in New Jersey without the appropriate New Jersey permits.

• Question: Can I be charged with unlawful possession of a shotgun/rifle in New Jersey when I was just passing through? 
  • Answer: Under both New Jersey state law and federal law (specifically U.S.C. 926A), there are provisions that allow for the transportation of firearms across state lines under certain conditions. The federal law, often referred to as the “Safe Passage” provision, allows individuals to transport legally acquired firearms through states where they might not otherwise be allowed to possess them, provided they are not prohibited from owning firearms and the weapons are not readily accessible during transit. In New Jersey, the firearm must be legal to possess, and the person transporting it must not be prohibited by N.J.S.A. 2C:58-3c from owning a firearm. The firearms should be unloaded and contained in a closed and fastened case, gun box, or securely tied package, and should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle’s glove compartment or console.

Prominent New Jersey Unlawful Possession of a Shotgun/Rifle Attorney

Unlawful possession of a shotgun or rifle is a serious crime in New Jersey. However, there are a number of defenses that may be available to someone who is charged with this crime. If you are charged with unlawful possession of a shotgun or rifle in New Jersey, it is important to contact an experienced criminal defense attorney immediately.

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 unlawful possession of a shotgun or rifle 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 unlawful possession of a shotgun/rifle defense.

Contact us today for a free consultation.