In New Jersey, it is legal to possess a handgun, rifle, or shot gun (and in rare cases, a machine gun) only if you are licensed to do so, and the gun has been registered. If you are found in possession of a gun, either without a license to carry and/or in possession of a gun that has not been registered, then you could face severe penalties. If an individual makes the decision to own a gun in New Jersey, then it is the sole responsibility of that individual to fully understand the state’s laws regarding gun possession and to be in full compliance with them.
Penalties for Illegal Possession of a Gun
There is an increased awareness of gun-related crimes in this country, and the illegal possession of a weapon is not tolerated in New Jersey. In most cases, an individual charged with this crime will be facing mandatory prison and parole ineligibility. The following are the degrees of the crimes in correlation to the weapon:
- Machine gun: second degree (5–10 year prison sentence)
- Handgun: second degree (5-10 year prison sentence)
- Rifle: third degree (3–5 year prison sentence)
- Shotgun: third degree (3–5 year prison sentence)
Defense against Illegal Possession of a Gun
You need a professional attorney with courtroom experience who will vigorously defend your rights. Some of those defenses include (but are not limited to):
- Proving the search or arrest was conducted in an illegal fashion
- Showing that the defendant was actually licensed to carry, and the gun was registered
- Gathering evidence to prove the gun was not actually or constructively possessed by the defendant
Contact Fred Sisto at (732) 898-3232 for strong, skilled, legal representation for your gun-possession charge.