New Jersey Handgun Possession Lawyer

New Jersey has some of the strictest gun laws in the country. A conviction on a gun possession charge could derail your life for many years to come. You need an aggressive and experienced criminal defense lawyer to help you avoid the worst possible outcomes in this situation.

At the Law Office of Jason A. Volet, we understand what’s at stake for those facing charges related to a weapons offense in New Jersey. We can provide the thorough and rigorous representation you need. Jason A. Volet is a skilled New Jersey handgun possession lawyer with over 15 years of legal experience across more than 2,000 cases. His background as a former prosecutor helps him plan an effective defense strategy against the power of the criminal justice system. Contact our firm today for a free consultation.

What Is New Jersey’s Handgun Law?

New Jersey law prohibits possession of a handgun without a permit. In most circumstances, violating this law is a second-degree crime and carries significant penalties, including a minimum of five years in prison. Unlawful possession of an air gun or similar weapon is a third-degree crime.

What Is the Graves Act?

The Graves Act is a New Jersey law that establishes minimum prison terms for certain offenses, including the illegal possession of handguns and the use of handguns during the commission of other crimes.

The Graves Act requires the offender to serve time in prison for illegally possessing a handgun, regardless of their prior criminal history. The offender must serve at least half of their prison sentence or 42 months, whichever is greater, before they qualify for parole. For a fourth-degree crime, the minimum prison sentence is 18 months before a chance for parole.

Because the Graves Act imposes such harsh penalties for illegally possessing a handgun, it’s imperative to work with a knowledgeable attorney if you face these weapons charges. They can help you avoid the steep penalties for New Jersey gun charges under the Graves Act.

What Are New Jersey’s Restrictions for Owning a Handgun?

You must have a permit to purchase and carry a handgun in New Jersey. The state’s handgun permit law allows a handgun owner to possess multiple firearms under a single permit. The permit only applies to the permit holder, not to anyone else in possession of the permit holder’s gun. It does not allow someone in New Jersey to carry a handgun openly. Among other requirements, all New Jersey handgun permits require an application fee, and all applicants must have their fingerprints taken by the New Jersey State Police. All handgun permits expire two years after being issued.

New Jersey law also bans certain people from possessing handguns, including:

• Anyone under 21 years old
• Anyone who has had a gun seized by law enforcement in relation to a domestic violence case if the police have not returned the gun
• Anyone subject to or who has violated a domestic violence protection order
• Anyone who has received inpatient treatment for substance abuse or mental health conditions, unless the courts have expunged the records
• Anyone convicted of certain crimes or conspiracy to commit those crimes, including domestic violence, arson, burglary, aggravated assault, kidnapping, homicide, robbery, certain sex offenses, and certain weapons offenses
• Anyone convicted of selling, possessing, or unlawfully using a controlled substance, unless the offense was a disorderly persons or petty disorderly persons offense
• Anyone who is drug or alcohol dependent

What Is the Penalty for Possessing a Handgun Without a Permit?

In most cases, illegal possession of a handgun is a second-degree crime with a potential fine of up to $150,000 and prison sentence of 5 to 10 years. Under the Graves Act, anyone convicted of illegally possessing a handgun must serve at least half of their imposed sentence or 42 months, whichever is greater, before they qualify for parole.

A conviction for unlawful handgun possession can also bring devastating, potentially life-long consequences beyond jail time. A criminal conviction can make it difficult to get hired, find housing, or access certain educational and financial opportunities. Your constitutional right to own firearms will be permanently revoked. You may also lose certain professional licenses and be ineligible for specific jobs. Finally, a felony conviction may impact the immigration status of non-U.S. citizens.

What Are the Penalties If the Handgun Was Used to Commit a Crime?

New Jersey law prohibits the use of firearms while committing other offenses, especially crimes against another person or their property or involving controlled dangerous substances (CDS). This offense is also a second-degree crime and carries a penalty of 5 to 10 years in prison.

It’s important to note that the penalties in these cases may stack. For instance, someone convicted of illegally possessing a handgun and using a handgun for an unlawful purpose would face sentencing for two second-degree crimes. If the offender received the maximum sentence on both counts, they could go to prison for 20 years. These harsh penalties underscore the importance of securing skilled legal representation in New Jersey handgun cases.

What Are Possible Defenses for Handgun Possession Charges?

When you face allegations of unlawful handgun possession in New Jersey, several potential defenses may apply to your situation. The strongest defense strategy depends on the specifics of your case, but some potential approaches may include:

• Self-defense – Spontaneously arming a handgun for self-protection against a legitimate threat may justify breaking gun laws in certain circumstances.
• Constitutional violations – The evidence against you could be suppressed if law enforcement violated your constitutional rights through illegal search or seizure, improperly obtained statements, or other misconduct.
• Affirmative defenses – Factors like duress, entrapment, or a mistake of law/fact may excuse the alleged criminal act.
• Prosecutorial overreach – An aggressive defense can help you counter inflated or improper charges that don’t fit the circumstances of your case.

Contact a New Jersey Handgun Possession Lawyer

If you face charges of illegal handgun possession, you need an experienced criminal defense attorney to begin preparing your case right away. The Law Office of Jason A. Volet can help you fight these charges and protect your constitutional rights. Call us today or complete our contact form for a case evaluation.

Visit Our New Jersey Handgun Possession Law Offices