New Jersey holds some of the strictest gun laws in the United States. Courts throughout the state work hard in holding those who violate the law responsible for their actions through certain consequences. This can include prison time as well as a period of parole ineligibility. If you were charged with a gun crime, it is important to retain the services of an experienced New Jersey criminal defense attorney.
What are New Jersey’s Gun Laws?
In New Jersey, residents who wish to purchase a pistol are required to have a permit. Those who want to carry their gun, whether it may be concealed or not, need a separate permit. There is a mandatory waiting period of 30 days for residents and 45 days for non-residents to receive a handgun.
What is a Gun Crime?
If a person is in unlawful possession of a handgun, it is a crime. In New Jersey, this is classified as a second-degree criminal offense. Those who violate the law can face a prison sentence between five and 10 years. These offenses also violate the Graves Act. This means the offender is required to serve a minimum imprisonment before they become eligible for parole.
It is also unlawful to be in possession of certain types of guns in New Jersey. This includes rifles, Airsoft guns, shotguns, paintball guns, or BB guns. Those who violate this law can face three to five years in state prison. Unlawful possession of illegal weapons besides these is a fourth-degree crime, which can result in up to 18 months in prison.
Who Cannot Own a Gun?
While the Second Amendment of the Constitution gives citizens the right to bear arms, states can make their own regulations regarding who may own a firearm. The following people cannot obtain a firearm in New Jersey:
- Those convicted of aggravated assault, arson, burglary, extortion, homicide, kidnapping, robbery, sexual assault
- Those committed for mental disorder unless there is satisfactory proof they no longer suffer from a disorder that handicaps them from handling a firearm
- Those convicted of the unlawful use, possession, or sale of controlled dangerous substances
- Minors under the age of 18
- Those who are drug dependent
- Those who have physical defects that make them unsafe to handle a firearm
Contact our Firm
Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.