Gun lawyer NJ – New Jersey Gun Attorney – NJ Gun Charges – Attorney for gun charges in New Jersey
“Gun charges are complicated matters, and our firm knows all of the defenses that can potentially lead these charges to be dismissed.”
New Jersey Gun Charges Defense Lawyers
It is commonly understood that New Jersey has some of the strictest gun laws in the country, with penalties that include minimum mandatory terms of incarceration, as well as judges who often choose to impose maximum prison sentences. The reality is that if you have been charged with a gun crime like possession of a weapon for an unlawful purpose in NJ, you should be very concerned about what happens next because your freedom and your future are likely at stake. A conviction or guilty plea to a felony weapons offense may put you behind bars for a very long time, and that will be only the beginning of your troubles. After you serve your time and complete your prison sentence, you will have a gun crime conviction on your permanent record. The first move you should make if you’ve been charged with a weapons offense is to contact an experienced criminal defense attorney who can help you build the strongest possible defense.
The Tormey Law Firm is composed of experienced criminal defense attorneys who have been representing clients throughout New Jersey for years charged with illegal gun crimes. These include unlawful possession of a weapon, possession of a weapon for an unlawful purpose, and even (far less seriously) illegal possession of a BB gun.
“The most important element in fighting any case is understanding what the prosecution is going to try to hold against you. We need to be aware of the case that the State will attempt to make, so that we can diffuse it when it comes to trial. This comes from experience within trial law, and years of actually fighting cases instead of routinely accepting plea bargains.”
We have former prosecutors on staff at The Tormey Law firm, which allows us to have a very clear knowledge of both sides of the law. We know what to expect, and we know how to fight against it. When the prosecution understands that you can beat the case against them, they are far more likely to offer a great deal to get rid of potential criminal charges, and waive any chance of jail-time. Still, you need to demonstrate that their case can be defeated in order to get these results.
Feel free to call our firm, free of charge, for an initial consultation about how we can help you to fight your case.
The Tormey Law Firm Gets Results in Gun Cases
Here are some weapons cases and results Mr. Tormey has obtained recently:
- United States Marine charged with illegal weapons possession in Hudson County. Graves Act offense which requires jail time and parole ineligibility. Defendant sentenced to probation and no jail.
- United States Marine and his wife charged with illegal gun possession in Morris County. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into the Pre-Trial Intervention (PTI) program which results in no criminal record when successfully completed.
- Eighteen (18) year old young man and his friend charged with illegal weapons possession when visiting Cape May on vacation from their home state of Pennsylvania. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into Pre-Trial Intervention (PTI) program which results in no criminal record when successfully completed.
Weapons Charges in New Jersey
When most people think of weapons charges, they probably picture someone carrying a handgun without a legal right to do so. However, it is important to understand that illegal gun possession is just one type of gun charge in NJ. The state also prohibits the unlawful or improper use of guns that are legally owned. This is an important distinction because it means that even an individual who has followed the law and obtained a firearms ID card, carry permit, and any other legally required license can still be charged with a weapons offense if they use their legal gun in a certain manner.
The most common weapons charges our attorneys defend against include:
- Unlawful possession of a weapon – N.J.S.A. 2C:39-5: It is against the law for a person to own or otherwise possess a handgun or other firearm without first registering the weapon and obtaining a license, permit, and/or firearms ID card. Additionally, even if the handgun is registered, the owner must have a valid carry permit in order to take the weapon outside their residence. Some firearms, such as sawed-off shotguns and defaced firearms, are illegal to possess under any circumstances.
- Possession of a weapon for an unlawful purpose – N.J.S.A. 2C:39-4: Even if you have a license or permit to own a firearm, you can still be charged with a crime for possessing the weapon with the intent to commit an unlawful act. For example, you are not allowed to take a handgun to someone’s residence or to a store for the purpose of committing a robbery or an assault. The determining factor in most of these cases is the intent of the person possessing the weapon.
- Unlawful disposition of a firearm – N.J.S.A 2C:39-9: New Jersey directly addresses the unauthorized disposition or disposal of firearms in a manner that is not allowed by law, the statute is much broader in that it also covers the illegal manufacture, transport, shipping, or selling of firearms. Basically, any attempt to unlawfully move or transfer a firearm to another person, whether it’s a sale or a gift, can lead to very serious criminal charges. If the firearm crossed state lines prior to the transfer, it’s possible that the offender could face both state and federal charges.
- BB Guns, Airsoft guns, Paintball guns – N.J.S.A. 2C:39-5(b)
- Certain Persons Offenses – N.J.S.A. 2C:39-7: Certain individuals like convicted felons are prohibited from owning firearms in New Jersey. Under state law, anyone who has been convicted of certain crimes or who was committed to a mental institution is barred from obtaining a firearm purchase permit. The list of crimes that can result in an individual being permanently prohibited from ever owning a gun includes most weapons offenses, aggravated assault and other violent crimes, sexual assault and other sex offenses, and felony drug offenses.
- Prohibited Weapons and Devices – N.J.S.A. 2C:39-3: Certain weapons and items are considered completely illegal for most people to possess in New Jersey. The degree of the charges and penalties in these cases are determined by the type of weapon involved.
- Imitation Firearms Crimes: Despite is being legal to own an imitation firearm, whether is be a toy, fake gun, or similar replica of a weapon, criminal charges can arise from unlawfully using or intending to use an imitation firearm in New Jersey. It is also against the law to have such items at educational institutions.
Please feel free to call us if you have any more questions.
How To Beat Gun Charges
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.
Airsoft Gun Charges – If you have been charged with illegal possession of airsoft guns.
Prohibited Weapons and Devices – If you have been charged with possessing a prohibited weapon.
Imitation Firearms Charges – If you are facing charges in connection with an imitation gun.
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.
Graves Act Sentencing in New Jersey – Gun law requiring mandatory minimum sentences and periods of parole ineligibility.
Gun Case Victories – A few 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.
Extreme Risk Protective Orders – NJ Red Flag Law that allows the state to take firearms and permits from someone deemed a safety risk.
Firearm and Weapon Charges NJ – An overview of how our firm handles gun charges