Weapons and firearms offenses can be incredibly serious anywhere, but in New Jersey strict gun laws make charges based upon firearms even more serious to your life, your rights, and your freedom. Those accused of firearms offenses in Ocean County, New Jersey need to fight for their rights in order to avoid the worst possible sanctions under the law. Every person accused of committing an offense deserves the best possible protection and legal defense.
If you or someone you care about has been charged with a weapons or firearms offense in Ocean County, New Jersey, experienced defense attorney Joseph D. Lento is here to help.
Ocean County Weapons and Firearms Defense Attorney
With nearly two decades of experience working in various roles in the criminal justice system, Joseph Lento is a qualified Ocean County criminal defense attorney with a comprehensive knowledge of how a New Jersey criminal case operates from start to finish, and beyond.
If you have been charged with a weapons or firearms offense in Ocean County, New Jersey and need a comprehensive, customized defense, contact the attorneys at Lento Law Firm. Joseph Lento built his practice on the ideals of customer service and justice and he will fight for your rights and freedom. Call (888) 535-3686 today to schedule your consultation and discover what Joseph Lento can do to clear your name.
Ocean County Court Process
If arrested in Ocean County for a crime, your case will be scheduled for a preliminary hearing at the applicable Municipal Court. There are 35 Municipal Courts in all of Ocean County. If the case proceeds past the preliminary hearing, the case will be scheduled for a formal arraignment at the Court of Common Pleas located at
118 Washington St.
Toms River, NJ 08754
The criminal process will continue from that point forward often either resulting in the case proceeding to trial or being resolved through non-trial disposition through dismissal or plea.
Firearms and Weapons Crimes in Ocean County, New Jersey
There are a great many different weapons and firearms charges in New Jersey, not all of which can be discussed in detail here. Joseph Lento is experienced in handling all kinds of weapons and firearms offenses in New Jersey. However, some of the most commonly charged offenses are described below.
Possessing or Transporting Firearms
New Jersey prohibits the possession or transport of a shotgun or rifle unless you have a valid firearms purchaser identification card (FPIC). To possess or transport a handgun, a valid New Jersey handgun permit is required. Those in possession of a firearm passing through the state must do so according to federal law, 18 U.S. Code § 926A. These provisions require that the firearm is unloaded and not be “readily accessible” from the passenger area of the vehicle.
If a person fails to follow these rules, even when otherwise legally allowed to possess a weapon or firearm, they can be charged with a criminal offense.
Weapon Possession for Criminal Purposes (2C:39-4)
Those found to possess a firearm, explosives, or destructive devices for unlawful actions are charged with a crime of the second-degree. Anyone possessing a “community gun”, or one used by multiple parties for criminal acts, face charges of the second-degree and a minimum three-year prison sentence. Possession of “imitation” firearms used for criminal activity is a fourth-degree offense.
Criteria for Handgun Permit in New Jersey (Admin Code 13:54-2.3)
There are some basic requirements that must be met to receive a handgun permit in New Jersey. The individual must be deemed to have “good character” and be free from certain disabilities. The applicant must also be familiar with safe firearm usage. This documentation may be in the form of an approved training program, an evaluation by a certified instructor, or by passing a test at a police academy or recognized entity. The application must also contain signatures from three people who have known the applicant for at least three years. The application must be submitted with a document explaining why you need a handgun for protection.
Places Where Guns Are Never Permitted
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.
This prohibition against firearms on these premises is the same regardless of whether the possessor has a valid permit or not. Violators are subject to third-degree charges.
Individuals Who Cannot Possess a Weapon
The statutory definition of a weapon is anything that can be easily used to create bodily harm or death. Examples include firearms, switchblade knives, bludgeons, tear gas, and more. New Jersey state law prohibits certain people from possessing weapons such as:
- Those found guilty of jeopardizing the welfare of a minor
- Those convicted of arson, assault, extortion, kidnapping, murder, robbery and other comparable infractions
- Individuals with psychological conditions who are institutionalized unless permitted by a medical doctor
- Anyone who has a firearm confiscated under the Prevention of Domestic Violence Act of 1991
A person in possession of a weapon who is not permitted to have one can face incredibly serious consequences, including high fines, long prison sentences, and lengthened time in which the person loses the right to bear arms.
Defenses to Firearms and Weapons Charges
When facing a firearms or weapons charge in New Jersey, it is important to put up a strong legal defense to protect your rights, such as:
- Show that the weapon was not in your possession
- Prove that you were entitled to lawfully possess the weapon
- Create reasonable doubt to the jury in a criminal trial
- File a suppression motion to exclude unconstitutionally collected evidence
- Show that you were incorrectly identified by a witness
A strong legal defense can protect your constitutional rights, and your freedom.
Working with an Ocean County Weapons and Firearms Defense Lawyer
If you have been accused of a weapons or firearms offense in the Oceans County area, it is highly recommended that you begin defending your rights and your future with as soon as possible. Joseph Lento is passionate about helping charges like yours through the system and making sure justice is served on all sides.
For your consultation on how Joseph Lento and the team at Lento Law Firm can help you, call (888) 535-3686 today.