The second amendment of the United States Constitution gives Americans the right to bear arms, meaning that they can own a gun. In order to own a gun, one must go through the right process to acquire permits. The state of New Jersey is one of the strictest when it comes to gun control. If an individual is found in possession of a gun without a permit, they may face harsh consequences. These consequences may worsen if a firearm was used in connection to a crime. Failure to follow gun laws can put other people in very serious danger.
In the state of New Jersey, residents are required to obtain a permit in order to legally purchase a firearm. In order to receive a permit, individuals must pass a variety of background checks to be cleared. Individuals who do not follow this process and purchase a weapon unlawfully may be subject to certain penalties for doing so. There are a variety of ways an individual may commit a weapons offense. This can include but is not limited to:
- Unlawful concealed or open carry of a firearm
- Possession of an unregistered or stolen firearm
- Possession of a firearm without a legal permit
- Possession of an assault rifle or sawed-off shotgun
- Possession of an airsoft or BB gun
- Possession of a knife, baseball bat, or crowbar for criminal purposes
- Transporting firearms through the state of New Jersey from another state
There are different types of charges that come with breaking certain laws. If an individual is in illegal possession of an airsoft or spring gun, this is considered to be a third-degree crime. It is also a third-degree crime when an individual illegally possesses a rifle or shotgun. If an individual illegally possesses a machine gun, handgun, or assault rifle, it is considered a second-degree crime.
While crimes typically have a certain set of punishments, there are some cases in which penalties may increase depending on the circumstances surrounding the offense. There are many situations in which a crime may be upgraded to a more serious crime because of a weapon offense. For example, if a person uses a weapon during a theft, the individual may be charged with armed robbery. Similar to the charge, penalties for a combination of crimes often increase as well. In the state of New Jersey, offenders are often subject to the No Early Release Act. This requires them to serve at least 85% of their sentence before they may be considered for parole.
Contact our Firm
If you or someone you know was charged with illegal gun possession and wishes to speak with an attorney, contact The Law Office of Kevin T. Conway today.