Whether you're a New Jersey resident or visiting, it's important to understand the state's firearm laws. They're among the most comprehensive in the country, and can lead to mandatory prison sentences for those accused of a crime. If you've been charged with a weapon-related offense, contact an experienced criminal defense lawyer to discuss your options.
In New Jersey, you can't legally carry a handgun or assault rifle in public. This is because these types of weapons are classified as assault weapons under the state's gun laws. An assault weapon is defined as a semi-automatic rifle with more than two military features, such as a pistol grip, folding stock, bayonet mount, or threading to accept a sound suppressor.
The state also prohibits the purchase of assault weapons. Those who purchase a weapon with a recommendation from their local law enforcement agency may be able to keep it. However, they should also be aware that they'll be subject to additional requirements under the Graves Act.
One of the most significant laws in New Jersey is the Graves Act. This law sets mandatory minimums for all firearms offenses. It also imposes additional requirements on accused persons. The law entails a minimum of 85% of the sentence to be served, and it also requires that accused persons meet some of the requirements of parole. For most gun crimes, the mandatory minimum is 42 months. Those convicted of a more serious crime may be sentenced to up to five years in prison.
The state also prohibits the purchase or possession of certain kinds of ammunition. Ammunition with a hardened core is prohibited, as is ammunition with a metal-jacketed "ball." Ammunition that is designed to defeat body armor is not included in the ban.
The state also requires that individuals have a firearms purchaser identification card (FID). This card allows individuals to purchase weapons in the state. It also prohibits individuals from transporting weapons in public. People without a permit are only allowed to transport firearms for certain purposes, such as between their home and their place of employment. Those with permits can transport loaded guns in their glove compartment or glove box, but they can't carry them in their passenger compartment or car.
The state also enacts an "Assault Weapons Ban" based on a specific list of weapons, which includes some of the more popular brands of rifles and pistols. The state also prohibits the sale and possession of certain parts for assault weapons, including bayonet mounts, threading to accept a sound suppressor, and folding stocks. Those who acquire an assault weapon before 1990 aren't subject to the ban.
Despite the fact that New Jersey's firearm laws are among the most restrictive in the nation, it's still possible to be arrested for possession of an illegal firearm. The penalties for a firearm offense vary by the specific offense, but a conviction can lead to up to $15,000 in fines. If you have been arrested for an offense, contact an experienced criminal defense attorney as soon as possible to discuss your options.
Whether you are charged with a firearms offense, or you are a gun owner who has been charged with unlawful possession of a firearm, a New Jersey gun law attorney can help you. A knowledgeable attorney will be able to reduce charges and help you stay out of prison.
Gun possession in New Jersey is a serious crime that can result in a prison sentence and fines. The penalties can vary by state, and can also depend on the type of firearm that was used. You need a knowledgeable lawyer to fight your charges, and to help you develop an effective legal strategy.
Many defenses for weapons charges hinge on a defense that the police searched you unlawfully. If you can prove that the search was illegal, you may be able to have your charges dropped or reduced. Also, a valid firearm license may be a defense against an unlawful search charge. If you are charged with a firearms offense, you should speak with a New Jersey gun law attorney as soon as possible to avoid a conviction.
The law in New Jersey separates firearms into two categories, "firearms that can be purchased legally," and "firearms that cannot be purchased legally." The law also details what a "firearms ID card" should look like. You will need to show that you meet the requirements of the law before you are issued a firearm ID card.
New Jersey law allows for a "red flag" law. Under this law, you or someone you know can ask the police to confiscate a firearm. The law recognizes signals that a person is about to commit a crime, or is posing a threat to others. This law may be enforced across the state, and many states have passed similar laws. A lawyer can help you determine your options and fight the charges if you are charged under the red flag law.
New Jersey law also provides a presumption of approval of a firearms ID card. However, the law also lists exceptions to this presumption. If you have a valid permit, a gun law attorney can challenge the presumption and have your permit reinstated.
A gun law attorney can also help you to avoid jail time by negotiating with prosecutors to have charges dropped or reduced. The state also has mandatory minimum sentences for firearms convictions, and an experienced gun law attorney can help you to avoid prison. You may also be eligible for a Graves Act waiver. This waiver will allow you to avoid jail time if you can show that you had a mental illness or if you can prove that you were a danger to the public.
Using a gun in a crime is a criminal offense that carries serious penalties. Federal law makes it illegal for certain categories of people to own firearms and ammunition. These include felons, people with drug addictions, and people with dishonorably discharged firearms. In some cases, these penalties can amount to decades of imprisonment. If you're arrested for a federal gun crime, it is in your best interest to seek the counsel of a gun charge lawyer who can mount an effective defense.
The most common type of federal gun crime is the illegal sale of firearms. ATF investigators work with local police departments to bust street level gun dealers. Gun owners who attempt to sell their guns to a straw purchaser, a person who buys a gun from a known felon or convicted felon, are in the crosshairs of the federal law.
Federal law also makes it illegal for certain individuals to own ammunition and explosives. If you're caught possessing a firearm that contains explosives or ammunition that has been stolen from someone else, you can face serious penalties. Unlike state laws, federal law allows for mandatory minimum sentences for those convicted of firearm crimes. These sentences can be quite harsh, but are often mitigated by cooperating with the government.
Another common federal gun charge is possession of a firearm by a felon. In most cases, this is a minor offense, although it can result in an additional year of federal imprisonment for a convicted felon. This is because federal law prohibits the possession of firearms by convicted felons.
The most common defense for this type of case is to point out that a felon is technically a prohibited person under federal law. The government bears the burden of proving each and every element of the crime. This is especially true when there are aggravating factors involved. One common defense is to argue that a felon did not intend to control a firearm. If the government has other evidence to support this claim, you'll be on your way to a much shorter sentence.
A federal crime involving the possession of a firearm is often more complicated than one involving the sale of a firearm. The law requires that the owner of a firearm be able to identify the serial number of the firearm and maintain it for the duration of the term of imprisonment. Additionally, if a gun owner has an altered serial number, it is considered a criminal offense. This is a particularly tricky area of the law, as the United States Supreme Court has ruled that the right to bear arms is not absolute.
Another federal gun crime is the possession of a firearm while under a court order. This is a serious crime if the defendant is restraining a spouse or intimate partner. It is also illegal if a person is convicted of another crime while holding a firearm. However, this is a much more complicated area of the law, and it is important to consult with a gun defense lawyer who can help you navigate the law.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311