What are the Most Common Gun Charges in South Jersey?

The right to bear arms is taken very seriously in New Jersey. Some states have more lenient gun laws, while the Garden State is very strict. Firearms can be deadly if used improperly, so the laws are in place to protect residents.

Weapons offenses in New Jersey are outlined in N.J. Stat. § 2C:39. A person convicted of a weapons offense can face felony charges, with penalties including prison time and fines. If you are facing gun charges in South Jersey, you need the help of an experienced criminal defense attorney.

Unlawful Possession of a Firearm

This occurs when someone possesses a rifle, shotgun, or handgun without the required Firearms Identification Card (FID) or Handgun Permit. Even temporary possession without documentation can trigger charges. This often applies to out-of-state residents who legally carry in their home state but are arrested in New Jersey, which generally does not honor out-of-state permits. Penalties can include up to 18 months in prison for a third-degree offense, fines, and forfeiture of the firearm.

Possession of a Weapon for an Unlawful Purpose

In New Jersey, it is illegal to possess any firearm or other weapon with the intent to use it unlawfully against another person or property. This charge goes beyond simple possession. It focuses on the intent behind having the weapon. For example, carrying a gun to commit robbery or assault would fall under this statute. This is often classified as a third-degree crime, punishable by up to five years in prison, fines, and firearm forfeiture. Conviction can also lead to long-term consequences, such as the permanent loss of firearm rights.

Carrying a Handgun Without a Permit

This covers both concealed and open carry. New Jersey generally prohibits carrying a handgun outside the home unless you have a Permit to Carry. Violations are considered third-degree crimes, punishable by up to five years in prison, as well as fines and permit revocation.

Illegal Transportation of a Firearm

Transporting a firearm improperly, such as unloaded but not in a locked container or traveling outside approved destinations, is illegal. This can include leaving firearms unsecured in a vehicle. Penalties vary but can include fines, probation, or prison, depending on intent and circumstances.

Unlicensed Sale or Transfer

Selling or giving a firearm without going through a licensed dealer or without verifying the recipient’s eligibility is illegal. Third-degree offenses can lead to five years in prison and fines. Repeat violations may trigger additional criminal charges.

Possession by a Prohibited Person

Individuals convicted of felonies, domestic violence crimes, or certain drug or mental-health-related offenses are prohibited from owning or possessing firearms. Violations are second- or third-degree crimes, carrying prison terms of five years or more, plus mandatory firearm forfeiture.

Contact Us Today

Make sure you understand firearm laws in New Jersey so you can avoid legal trouble. If you have been arrested, seek legal help right away. A Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John can discuss your case and explore your legal options. Our legal representation can help minimize your risk and the prison time you will likely face if convicted. Contact us via (856) 716-5427 or online here to schedule a consultation.