Your right to bear arms is not without limitations. People who have been convicted of certain indictable crimes or disorderly persons offenses may be prohibited from having a gun. If you are alleged to have a firearm, you may face serious penalties.
The penalties for illegal firearm possession may vary based on the type of firearm involved and the nature of a previous conviction. If you are a person prohibited from having a firearm, you may face charges for fourth, third, or second-degree crimes. If you were not previously prohibited from having a firearm, you might be now. Contact a lawyer immediately to help fight your charges.
Contact our Atlantic City, NJ gun possession lawyers for a free, private case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Are Penalties for Illegal Firearm Possession in New Jersey?
Gun possession and ownership are very strictly regulated, and if you break the rules, you may face serious criminal charges.
Criminal Charges
Charges for illegal firearm possession will vary based on your specific circumstances. For example, people who have been committed to a mental institution may be prohibited from having a firearm, and a violation may be charged as a fourth-degree crime.
However, if you were previously convicted of a crime involving domestic violence, possessing a firearm may lead to charges for second-degree crime, which are more severe and may lead to harsher penalties.
Incarceration
Time behind bars is a real possibility for charges related to illegal firearm possession. Again, since criminal charges may be graded differently based on the circumstances, sentences of incarceration will also vary.
Charges for a fourth-degree crime may lead to a prison term of up to 18 months. For a third-degree crime, you may face at least 3 years and up to 5 years in prison. If you are convicted of a second-degree crime in relation to the illegal possession of a firearm, you may face at least 5 years and up to 10 years in prison.
Loss of Gun Rights
Many people are charged with the illegal possession of a firearm because they were previously convicted of an offense that stripped them of their right to have a gun. If you are not such a person, you might be if you are convicted.
Illegal possession of a firearm may apply to people who are not categorically barred from having a gun, but they may become barred upon conviction.
Mandatory Minimum Sentencing for Illegal Firearm Possession
When it comes to criminal charges related to firearms, including illegal possession, you may have to deal with mandatory minimum sentencing requirements.
The Graves Act
The Graves Act is a law that imposes strict mandatory minimum sentences for gun charges, including illegal possession.
Under the Act, if the court determines that the aggravating factors of your case outweigh the mitigating factors, they may set the minimum sentence at one-half of the total sentence. So, if you are sentenced to 10 years in prison, you must serve at least 5 years.
Parole Ineligibility
Under the Graves Act, convicted defendants are ineligible for parole while serving their mandatory minimum sentence. Again, if you are sentenced to a term of 10 years, you may face a mandatory minimum sentence of up to 5 years. During those 5 years, you would be ineligible for parole.
Plea Bargaining
On top of everything else, if you are sentenced according to the Graves Act, and you must face certain minimum sentencing requirements, your ability to negotiate a plea bargain is severely restricted.
If you face a mandatory minimum sentence of 5 years, you cannot accept a plea bargain that would allow you to serve less than 5 years.
How to Challenge Charges for Illegal Firearm Possession
Charges for the illegal possession of firearms are not always iron-clad. An attorney should help you determine the most effective way to fight your charges.
You Have a Valid Gun License
Many people are charged with the illegal possession of a firearm because they do not have a valid gun license. However, the authorities may be mistaken about whether someone has a valid license. Maybe you were unable to produce a copy of your gun license on demand, but we can now find a valid copy to show the authorities.
You Are Not a Person Prohibited
If you were charged with the illegal possession of a firearm because the authorities believe you are a person prohibited due to a prior conviction, we may still be able to challenge the charges.
The authorities do not always get everything right, and you might not actually be a person prohibited. Alternatively, you might have been prohibited in the past, but your gun rights were later restored.
Excluding Evidence of the Firearm
Police and prosecutors are not permitted to violate your rights when they arrest you or charge you with a crime. If the police seized the gun in violation of your rights, our New Jersey gun possession lawyers can work to have it excluded.
For example, if the police took the gun without a valid search warrant or an exception to the warrant requirement, the gun may have been illegally seized. If we can exclude the gun, it may not be used against you as evidence, and your charges may fall apart quickly.
FAQs About Penalties for Illegal Firearm Possession in New Jersey
Can You Go to Jail if Convicted of Illegal Firearm Possession?
Yes. Gun charges are largely regarded as being serious, and even minor offenses may lead to jail time. Simply having a gun within your possession may lead to criminal charges. Even a fourth-degree crime may lead to an 18-month prison sentence. More serious offenses could lead to much longer periods behind bars.
Will a Conviction for Illegal Firearm Possession Affect Your Gun Rights?
Possibly. Convictions for certain offenses, especially violent crimes or offenses involving domestic violence, may lead to you becoming prohibited from having a firearm. In some cases, having a certain kind of firearm illegally, such as an automatic weapon, will cause you to become a person prohibited.
How Do You Challenge Charges for Illegal Gun Possession?
Challenging charges for illegal firearm possession will vary based on your unique circumstances. We may argue that the gun was seized illegally and should be completely excluded from the case. We might instead present evidence that the gun was legally owned, and the charges should be dropped or dismissed.
What if You Were Unaware it Was Illegal to Have a Firearm?
It is not a defense that you were unaware your possession was illegal. For example, if you claim that you did not know you were prohibited from having a gun or that your gun license had expired, you will probably still be charged and put on trial.
Get Legal Help Now from Our New Jersey Gun Possession Attorneys
Contact our New Jersey gun possession lawyers for a free, private case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956.
