Weapons Offenses in New Jersey
Elizabeth, NJ Weapons Offense Attorneys
New Jersey has strict gun control laws, and unlawful possession of a gun is a serious crime. This essay will provide a comprehensive overview of the law of unlawful possession of a gun in New Jersey:
- What constitutes unlawful possession of a gun?
- What are the different types of unlawful possession of a gun?
- What are the penalties for unlawful possession of a gun?
- What are some defenses to unlawful possession of a gun?
If you are accused of a weapon charge 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:
- 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.
- 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”.
- 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.
- 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.
- 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 weapons offense law in New Jersey, as well as some common defenses that may be available to you.
What constitutes unlawful possession of a gun?
Under New Jersey law, unlawful possession of a gun occurs when a person knowingly has in his or her possession a weapon under circumstances not manifestly appropriate for such lawful uses as it may have. This means that it is not enough for a person to simply possess a gun; the gun must also be possessed in a way that is not obviously lawful.
For example, it is unlawful to possess a loaded gun in a public place, or to possess a gun while committing another crime. It is also unlawful to possess a gun if the person is prohibited from possessing a gun under state or federal law.
What are the different types of unlawful possession of a gun?
The main types of unlawful possession of a gun in New Jersey:
- Unlawful possession of a handgun
- Unlawful possession of a shotgun or rifle
- Unlawful possession of an assault rifle
- Unlawful possession of a machine gun
- Possession of a weapon for an unlawful purpose
- Certain Persons Not to have a Weapon
What are the penalties for unlawful possession of a gun?
The penalties for unlawful possession of a gun in New Jersey vary depending on the type of gun involved and the circumstances of the offense.
- Possession of a gun without a permit: This is a third-degree crime, punishable by up to five years in prison.
- Possession of a prohibited weapon: This is a second-degree crime, punishable by up to ten years in prison.
If a person is convicted of unlawful possession of a gun while committing another crime, such as robbery or assault, the penalties are more severe.
What are some defenses to unlawful possession of a gun?
There are a few defenses to unlawful possession of a gun in New Jersey. One defense is that the person did not knowingly possess the gun. For example, if a person finds a gun on the ground and picks it up without knowing what it is, that person may not be guilty of unlawful possession of a gun.
Another defense is that the person had a lawful reason to possess the gun. For example, a police officer or a person who has a permit to carry a concealed handgun may lawfully possess a gun in public.
Unlawful possession of a gun is a serious crime in New Jersey. The penalties for unlawful possession of a gun can be severe, and it is important to understand the law before possessing a gun. If you have been charged with unlawful possession of a gun, it is important to contact an experienced criminal defense attorney to discuss your case.
In addition to the above, here are some other important points to keep in mind regarding the law of unlawful possession of a gun in New Jersey:
- It is illegal to possess a gun in New Jersey if you are a convicted felon or have been convicted of certain other crimes, such as domestic violence or stalking.
- It is illegal to possess a gun in New Jersey if you have a mental health disorder that makes you a danger to yourself or others.
- It is illegal to possess a gun in New Jersey if you are under the age of 18.
- It is illegal to transport a gun in a vehicle in New Jersey unless the gun is unloaded and stored in a locked container.
If you have any questions about the law of unlawful possession of a gun in New Jersey, you should contact an experienced criminal defense attorney. Contact the Rosen Law Firm today for a consultation.