What are the Penalties for Carrying a Handgun Without a Permit?

Gun laws are strict in New Jersey. Even if you are an upstanding citizen with no criminal history, possessing a gun needs to be done properly, or else you could face weapons charges and penalties.

There are two types of possession. Actual possession is when a person has direct physical custody of the firearm, such as holding it or carrying it on their person. Constructive possession applies when a person knows a gun is present and has both the ability and the intent to exercise control over the weapon, even if it is not physically on them at the time.

Even if you are from another state, you need to be super careful. New Jersey does not recognize out-of-state handgun carry permits. So even if you have a permit from another state, carrying here without a New Jersey permit can lead to penalties. There is no distinction between concealed and open carry for these offenses.

If you have concerns, contact a criminal defense attorney. Slight differences in circumstances can substantially change the legal outcome.

What the Law Says

NJ Rev Stat § 2C:58-4.6 details the laws and penalties involved with handgun permits and the lack thereof. The law states that any person who holds a valid permit to carry a handgun shall be authorized to carry a handgun in a holster concealed on their person throughout New Jersey. One permit is sufficient for all handguns owned by the holder.

Not having a permit is considered an indictable offense, which is a serious crime. Knowingly possessing or carrying a handgun without first obtaining a New Jersey permit to carry is a second-degree crime. If the handgun is an air gun, spring gun, pellet/BB gun, or similar device that uses a spring, air, or CO₂ to fire a projectile under 3⁄8 inch, the offense is usually graded as a third-degree crime.

For a second-degree crime, a person may face 5 to 10 years in prison as well as up to $150,000 in fines. Under the Graves Act, a mandatory minimum term applies, meaning you must serve a significant portion of the sentence before being eligible for parole. For a third-degree crime, a person may face 3 to 5 years in prison and $15,000 in fines.

Other penalties may apply. If you have prior qualifying convictions (such as violent crimes like aggravated assault, robbery, or murder), the charge can be enhanced to a first-degree crime. The penalties include 10 to 20 years in prison and fines up to $200,000. You could also face consequences such as a felony conviction on your criminal record, loss of firearm rights and privileges, and challenges with employment and housing.

Contact Us Today

There are many different types of gun charges in New Jersey. Many of them involve some type of unlawful possession of a weapon.

Protect your legal rights with help from an experienced Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John. We will work to handle your case and get you the best outcome. To schedule a consultation with our office, contact us via (856) 716-5427 or online here.