We have been granted the right to bear arms by the United States Constitution. However, New Jersey laws do govern how, where, and when we are permitted to cary firearms. Violating one of these laws can result in fines, imprisonment, and the loss of the right to bear arms in the future.
New Jersey firearms laws can be complicated. Misinterpreting the law can result in an otherwise responsible gun owner facing criminal charges. The assistance of an experienced criminal defense lawyer can be a critical factor in avoiding harsh penalties. If you are facing any type of weapons charge in Monmouth County, experienced defense lawyer Joseph D. Lento will fight for your rights.
Monmouth County Guns & Weapons Crimes
The crimes (and resulting penalties) related to firearms and weapons can range from minor to severe. The circumstances of your case, your prior criminal record (or lack thereof) and many other factors come into play when a potential firearms sentence is determined. Some weapons offenses commonly seen in Monmouth County include:
Possessing a Weapon for Criminal Purposes (2C:39-4)
Any individual discovered to possess a firearm, explosives, or destructive devices for illegal conduct will be charged with an offense of the second-degree. Any person who possesses a “community gun”, a gun used by multiple individuals to commit criminal acts will face offenses of the second-degree. This will carry a minimum of a three-year prison sentence.
Possession or Transportation of Firearms
New Jersey prohibits the possession or transport of a shotgun or rifle unless you have a valid firearms purchaser identification card (FPIC). In order to legally transport or possess a handgun, a valid New Jersey handgun permit is required.
Any individual in possession of a firearm who is simply passing through New Jersey must do so while following federal law, namely 18 U.S. Code § 926A. This law requires that the firearm is unloaded and is not “readily accessible” from the passenger area of the vehicle.
Possessing a Weapon Where Prohibited
Weapons all kinds are prohibited on the property of:
- educational locations such as schools and universities
- all casino facilities and includes the casino security staff unless permission is obtained from the State Police.
Monmouth County is home to many public and private schools, as well as Monmouth University and Brookdale Community College. On educational premises such as these, weapons are prohibited, even for those who have valid permits.
Monmouth County Weapons and Firearms Defense Lawyer
No matter the circumstances surrounding your arrest, there are many legal defenses to firearms and weapons charges. An experienced criminal defense attorney knows that the police must follow many procedures to lawfully execute an arrest and to lawfully collect evidence. Failure to follow these procedures can result in evidence against you being ruled inadmissible.
Experienced criminal defense attorneys knows where potential weak points are. To learn how the Lento Law Firm can help you fight a gun charge, call (888) 535-3686 today.