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?”
Many Certain Persons 2C:39-7 charges involve guns. If you’ve been convicted of certain crimes 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.
There are many ways to challenge 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.
Certain Persons Not to Possess Weapons NJSA 2C:39-7
Let’s look at the NJ law which governs certain persons not to possess weapons, namely people convicted of certain crimes or who have been mentally ill, which is enumerated under N.J.S.A. 2C:39-7.
Section (a) lists a number of crimes which make an individual ineligible for owning or possessing weapons if you have been convicted of any of these offenses or you have been convicted of attempting to commit these offenses or conspiracy to commit these offenses; these crimes include the following:
- aggravated assault
- arson
- burglary
- escape
- extortion
- homicide
- kidnapping
- robbery
- aggravated sexual assault
- sexual assault
- bias intimidation
- carjacking
- gang criminality
- racketeering
- terroristic threats
- unlawful possession of a machine gun
- unlawful possession of a handgun
- unlawful possession of an assault weapon
- leader of a gun trafficking network
- endangering the welfare of a child
- any felony drug offenses
Or “any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless the person possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that the person is no longer suffering from a mental disorder which interferes with or handicaps the person in the handling of a firearm.”
NOTE: If you need a mental health expungement to try to restore your ability to own and possess firearms in NJ, the Tormey Law Firm can help. Contact us for a free consultation.
If the accused has been convicted of any of those crimes or has been committed and they are found to be in possession of other weapons (other than guns) then this is a fourth degree crime punishable by the following:
- Up to eighteen (18) months in prison
- Up to $10,000 fines
- Probation
- Up to 364 days county jail
Under subsection (b) of the certain persons statute, any person convicted of the above listed crimes or who was committed who is allegedly found in possession of a gun, is guilty of a second degree crime punishable by the following penalties:
- 5-10 years in prison with a presumption of jail time even if no prior criminal history
- Up to $150,000 fines
- Probation
- Up to 364 days in county jail
Subsection 2 prohibits anyone who was convicted of a disorderly persons offense for domestic violence (like simple assault) from possessing a firearm. If they violate this statute they are subject to penalties for a third degree crime which include the following:
- 3-5 years in prison
- Up to $15,000 in fines
- Probation
- Up to 364 days in county jail
Subsections 3 and 4 prohibit anyone who has a restraining order or whose weapons have been seized pursuant to an Extreme risk protection order from possessing firearms. Individuals who violate these sections are also subject to penalties for a third degree crime.
NOTE: Some of these charges are subject to the Graves Act which means mandatory prison time and parole ineligibility if convicted.
For more information and additional assistance with your certain persons charges in NJ, contact us now for immediate assistance and a free initial consultation at 201-556-1570.
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
