Newark NJ Certain Persons Not to Have Weapons
Essex County Gun Lawyers
It might not be fair, but the law does not always treat everyone equally. A person who has been convicted of a felony can actually be charged with a weapons offense and face serious jail time simply for being in possession of a weapon. Although the Second Amendment protects your right to own and carry a gun, New Jersey state laws do place certain restrictions on that right. For example, certain individuals who have been convicted of a crime in New Jersey are prohibited from owning a firearm. It’s entirely possible that you did not even realize that you could not legally possess a gun; unfortunately, ignorance of the law probably will not help you in court.
The Tormey Law Firm handles gun possession cases throughout Essex County, NJ, including Belleville, Nutley, and Verona. Our experienced lawyers are passionate about protecting clients’ rights, which is why we focus our practice exclusively on criminal defense. When you hire the Tormey Law Firm, you can rest assured that one of our best and brightest lawyers will give your case the personal attention it deserves. Additionally, our litigation team includes a former county and municipal prosecutor who knows how to identify the weaknesses in the prosecution’s case against you.
Contact the Tormey Law Firm
Call us today at 201-654-3464 to discuss your Certain Person charges and begin your defense.
Certain Persons Not to Have Weapons Statute: N.J.S.A. 2C:39-7
N.J.S.A. 2C:39-7 prohibits certain persons from owning firearms or other “deadly weapons” in the State of New Jersey. Prosecutors and judges often interpret the statute so that just about any item can be considered a “weapon” under the right circumstances.
Anyone convicted of specific crimes cannot own or possess a weapon within state borders. Moreover, even if your previous criminal conviction occurred in another state, territory, or country, you can still be charged with a Certain Persons offense in New Jersey.
The NJ Criminal Code lists the crimes that can result in a restriction on gun ownership rights. These crimes include:
- Past Weapons Offenses
- Aggravated Assault
- Aggravated Sexual Assault
- Sexual Assault
- Endangering the Welfare of a Child
- Domestic Violence
- Felony Drug Possession
- Felony Drug Distribution
Anyone caught with a firearm when they have been previously convicted of one of these offenses can be charged with a second degree felony. If the weapon was not a firearm or handgun, then the person can be charged with a fourth degree felony.
Additionally, if you are found in possession of a firearm and have previously been convicted of a disorderly persons offense involving domestic violence, you may be charged with a third degree felony.
Penalties for Certain Persons Offenses in NJ
The penalties for Certain Persons offenses in New Jersey vary, depending upon the defendant’s prior criminal history and the type of weapon:
- Fourth Degree Felony: If you have been convicted of one of the crimes listed in N.J.S.A. 2C:39-7 and are caught with a weapon anywhere in the State of New Jersey, you can be charged with a fourth degree felony. Fourth degree felonies carry significant penalties, including up to 18 months in prison.
- Third Degree Felony: Since NJ law enforcement and prosecutors are very serious about cracking down on domestic violence, you may be charged with a third degree Certain Persons offense if you were previously convicted of a disorderly persons offense involving domestic violence. Third degree felony charges can result in a sentence of 3–5 years in prison.
- Second Degree Felony: If you are caught with a firearm, the charges may be elevated to second degree felony charges. A conviction will result in a sentence of 5–10 years in prison. Moreover, this charge carries a presumption of incarceration, which means that the sentence will also include a mandatory minimum period of parole ineligibility. As a result, you will have to spend at least 5 years behind bars if you are convicted.
Call a Montclair Certain Persons Offenses Attorney
The Tormey Law Firm is committed to protecting the legal rights of criminal defendants. We believe that everyone is entitled to a strong defense. Call us today at 201-654-3464 to discuss your Certain Persons charges, or email us to schedule a free consultation at our office in Newark, NJ.