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N.J.S.A. 2C:39-7 “Certain Persons Not to Have Weapons”

Certain Persons Not to Have Weapons N.J.S.A. 2C:39-7 – NJ Certain Persons N.J.S.A. 2C:39-7 Charges

“What is a “Certain Persons Not to Have Weapons: N.J.S.A. 2C:39-7″ offense? What are the penalties for this charge?”

There are certain people that are not allowed to carry weapons in New Jersey.  These include both people with certain documented mental illnesses, and convicted felons.

Many Certain Persons 2C:39-7 charges involve guns.  If you’ve been convicted of any crime in the United States, you are not permitted to own a firearm in New Jersey. Even if your conviction was in a different state, your record is maintained within a federal database, and it can be accessed nation wide. If this is the case, you won’t be issued a permit to own a firearm in NJ.  Additionally, if you’re caught with a firearm, you will receive the gun charge and a “certain persons” offense.

A Certain Persons offense is either a second or a fourth degree crime.  If the weapon you possessed at the time of your arrest is a gun, it’s going to be a second degree charge. That charge bears a prison term of 5 to 10 years in state prison, and up to $150,000 in fines.  If the weapon was not a gun, your Certain Persons offense could be a fourth degree charge.  For example, if you were carrying a concealed knife, this could be a fourth degree charge and you’d be facing a prison sentence of up to 18 months, with fines of up to $10,000.

As stated earlier, if arrested for a gun charge and a Certain Persons offense, you are facing two second degree crimes.  The weight of these charges bears a total of 10-20 years in prison.  Needless to say, your charges would be incredibly serious, and you are going to need an attorney that can potentially beat both of these cases in the court room.

There are many ways to charge weapon and gun charges in NJ.  Typically, most of these advanced defenses involve proving that searches were illegal, warrants were invalid, or motor vehicle stops were unconstitutional.  Any of these strategies could lead to your charges being dismissed entirely.

The New Jersey Criminal Defense Attorneys at the Tormey Firm are aggressive trial lawyers, and we approach cases with the mindset that we were hired to win in the courtroom, not to rely on plea bargains.  If you want to see some of the ways that we fight gun charges and Certain Persons offenses in NJ, click any of the links below and you can see exactly how we can beat these cases.

How To Beat A Gun Charge

How to beat a gun charge #1: Challenging the “consent” of a search.
How to beat a gun charge #2. Challenging motor vehicle stops and illegal searches.
How to beat a gun charge #3. Challenging Bad Warrants and Illegal Searches
How to beat a gun charge #4. Plea negotiations and reducing sentencing minimums.
How to beat a gun charge #5. Transporting a gun to the range.

Other Gun Related Pages

NJ Gun Lawyer – Why you should consider hiring an attorney for your gun charge.

NJ Gun Laws – A comprehensive breakdown of gun laws in New Jersey.

Possession of a Weapon Charge NJ – Information on general weapons possession.

Possession of a Destructive Device NJ – Laws on destructive devices in NJ.

NJ Gun Permit Attorney – If you need an attorney for gun permits.

New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms.

Gun Charges NJ – What your facing after NJ gun charges and how to fight them.

Certain Persons Offenses – Info about “certain persons to not own firearms” offenses.

BB Gun Charges – BB Gun Laws in New Jersey.

First Offense Gun Charges – Information about what happens on a first offense gun charge.

Forfeiture of Weapons – Sometimes the police will take your guns after a domestic dispute.

Gun Case Victories #1 – One of the gun cases that we won in NJ.

Gun Charges In NJ – A video on gun charges in NJ.

Gun Permit Attorney – A video on hiring an attorney to help you obtain gun permits.

Firearm and Weapon Charges NJ – An overview of how our firm handles gun charges

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions