The second amendment of the United States Constitution allows citizens to bear arms. This means they can legally own a firearm, if done correctly. In order to legally acquire a firearm, an individual is required to go through the correct process to acquire permits. The state of New Jersey has some of the most strict laws regarding gun possession in the country. If an individual is found in possession of a firearm without a legal permit, they may face very severe consequences. These consequences have the potential to increase if the firearm was used in a crime. Firearm laws are strictly enforced to ensure the safety of other people.
Weapons Offenses
Residents in the state of New Jersey are required to have a permit in order to legally purchase a firearm. To receive a permit, the individual must pass various background checks to be cleared. Those who do not follow this process and purchase a weapon illegally may be subject to serious penalties. There are several different ways that an individual could commit a weapons offense in New Jersey. This may include but is not limited to:
- Unlawful concealed or open carry of a firearm
- Possession of an unregistered or stolen firearm
- Possession of a firearm without a legal permit
- Possession of an assault rifle or sawed-off shotgun
- Possession of an airsoft or BB gun
- Possession of a knife, baseball bat, or crowbar for criminal purposes
- Transporting firearms through the state of New Jersey from another state
There are different charges that follow the disregard of gun laws in New Jersey. If a person is in illegal possession of an airsoft or spring gun, they may be charged with a third-degree crime. It is also a third-degree crime to illegally possess a rifle or shotgun. If an individual is in illegal possession of a machine gun, handgun, or assault rifle, it is a second-degree crime.
Upgraded Offenses
Crimes typically have set punishments. However, there are some cases in which these penalties can increase depending on the circumstances surrounding the offense. There are many situations in which a crime may be upgraded to a more serious crime because a weapon was involved. This would also make it a weapons offense. For example, if someone uses a weapon during a theft, the individual may be charged with armed robbery. Similar to this, penalties typically worsen when there in the event of a combination of crimes. In New Jersey, offenders may be subject to the No Early Release Act. This requires offenders of certain crimes to serve a minimum of 85% of their sentence before they may be considered for parole.
Contact our Firm
If you or someone you know was charged with illegal gun possession and wishes to speak with an attorney, contact Mattleman, Weinroth & Miller, P.C., today.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding criminal charges and procedures.