What is Considered a Gun Crime in New Jersey?

The state of New Jersey has some of the strictest gun laws in the country. Under these laws, law enforcement and court work tirelessly to impose consequences on those who violate these statutes. Individuals who possess an unlicensed firearm in New Jersey may face severe penalties. This often includes prison time and a period of parole ineligibility. If you have been charged with a gun crime in the state of New Jersey, it is important to retain the services of an experienced criminal defense attorney.

Types of Gun Crimes

Anyone in the state of New Jersey who wants to purchase a pistol is required to have a permit. If they wish to carry their guns, concealed or not, a separate permit is necessary. It is important to know that there is a mandatory waiting period to receive a handgun. This is 30 days for residents of the state and 45 days for non-residents. 

Any unlawful possession of handguns is classified as a second-degree criminal offense. This charge can subject a person to a possible prison sentence between five and 10 years in state prison. In addition to this, the crime violates the Graves Act, which means the offender must serve minimum imprisonment before becoming eligible for parole. If a person possesses a rifle, Airsoft gun, shotgun, paintball gun, or BB gun, they can face three to five years in state prison. Unlawful possession of any illegal weapons besides these is a fourth-degree crime, resulting in up to 18 months in prison.

Who Cannot Own a Gun?

While people in the United States have the right to bear arms under the Second Amendment of the Constitution, states can make their own regulations as well. This can include who may own a firearm and how it can be used. 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.

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