The Law Offices of Jonathan F. Marshall
  • Free Initial Consultation 24/7
  • All Major Credit Cards Accepted
  • Red Bank Office (732) 450 8300
  • Freehold Office (732) 462 1197

Possession of a Firearm Without a Valid Permit

Firearm Offense Lawyers in Freehold New Jersey

New Jersey has adopted stringent gun laws that impose extreme penalties when someone is in possession of a firearm without a valid permit. The consequences are especially extreme when the weapon involves possession of a handgun without a carry permit. Our team of experienced and skilled criminal defense lawyers has over 100 years of combined experience in defending weapons charges at the Monmouth County Superior Court in Freehold and even includes former prosecutors in the county. Given New Jersey’s strict regulations covering firearms, it is imperative that you obtain the services of an attorney before appearing in court. Only an experienced attorney can effectively combat your charges. Our Freehold NJ unlicensed firearm defense firm represents individuals charged with firearm violations in Aberdeen, Wall, Upper Freehold, Belmar, Allenhurst, Union Beach or other locations in Monmouth County. Please do not hesitate to call our Red Bank Office or Freehold Office today for a free initial consultation. We are here 24/7 to answer all of your questions.

The Law Explained: New Jersey Possession With a Valid Permit

Illegal handguns are covered by N.J.S.A. 2C:39-5(b). This statute prohibits any person from knowingly possessing a handgun without obtaining a carry permit in Tinton Falls or anywhere else in this county.  In order to obtain a conviction, the state must prove that there was a handgun, that the defendant possessed the handgun, and that defendant did not have a valid permit. Please note that there are two distinct permits that are required for handguns: one to purchase and one to carry.

Under N.J.S.A. 2C:39-5(c) it is also illegal to knowingly possess a rifle or shotgun without a valid permit in towns like Tinton Falls New Jersey. The state must prove that there was a rifle or shotgun, that the defendant knowingly possessed the firearm, and that the defendant lacked a valid firearms purchaser identification card. With respect to rifles and shotguns, only a permit to purchase is required in New Jersey. Unlike handguns, there is no requirement that you obtain a carry permit.

Penalties Under New Jersey Law and the Graves Act. A conviction for unlawful possession of a handgun is a second degree crime which can carry a jail term of between five (5) and ten (10) years. A second degree conviction for this charge will fall within the scope of the Graves Act, which means that if convicted a defendant must serve a mandatory period of incarceration before being eligible for parole.

A conviction for unlawful possession of a rifle or shotgun is a third degree offense in New Jersey and can carry a term of imprisonment of up to five (5) years. Moreover, fines are generally very high. Like unlawful possession of a handgun, the Graves Act applies here too. For additional information about the Graves Act click here.

Freehold Illegal Firearm Attorneys

Possession of an illegal firearm is obviously taken extremely serious under New Jersey Law. The situation is even more complicated where the weapon is a pistol or revolver. Whether you were arrested in Middletown, Manalapan, Howell, Neptune or Ocean, a conviction for this offense will almost certainly result in a mandatory prison. This is a primary reason why is it so pivotal to hire the right attorney to handle your unlicensed firearm charge. To learn more about these charges or how our attorneys can defend you, please do not hesitate to contact us. One of our skilled lawyers will review the facts of your case and discuss your options, including potential defenses. Do not make the mistake of appearing in court without your best possible defense.