Monmouth County Gun Lawyers

New Jersey Gun Laws

Chapter 39 of the New Jersey Criminal Code is where you will find most of the gun charges that come into play at the Criminal Division of the Monmouth County Superior Court located directly across from our office in Freehold. While all of these offenses can arise on occasion, certain crop up more often and unlawful possession of a handgun and possession of a firearm for an unlawful purpose are definitely two. The following is a summary of the gun laws that we will be analyzing in this article:

• N.J.S.A. 2C:39-3 – Possession of Prohibited Guns
• N.J.S.A. 2C:39-4 – Possession of a Gun for an Unlawful Purpose
• N.J.S.A. 2C:39-4.1 – Possession of a Gun While Committing Certain Drug Offenses
• N.J.S.A. 2C:39-5 – Unlawful Possession of a Gun
• N.J.S.A. 2C:39-7 – Certain Persons Not to Possess a Gun

The Monmouth County gun lawyers on our team are adept in defending all of these charges, as well as firearm seizure issues involving a domestic violence restraining order, an extreme risk protective order, or another scenario where law enforcement is attempting to terminate your constitutional right to possess a gun. You are encouraged to contact our law office to speak to a criminal attorney immediately if you have been charged with a weapon offense.

Guns That Are Totally Illegal In Any Context in New Jersey

There are certain types of guns that are illegal to possess altogether in NJ. Most of these firearms and related items are set forth in the criminal law contained at N.J.S.A. 2C:39-3. It is important to keep in mind that you must be in possession of a prohibited gun in order to risk exposure to the penalties set forth in this law. Possession is defined as knowingly procuring or receiving the gun or, alternatively, being aware of its presence and have an intention to take control over it at some point in the future. If you are in possession of any of the following varieties of gun, you face the penalties outlined in 2C:39-3 and certainly need the best gun lawyers in Monmouth County at your side:

• Sawed off shotgun
• Assault rifle
• Defaced gun or firearm
• Gun with a high capacity magazine
• Gun with hollow tip, teflon or other body armor piecing ammunition
• Bump stock guns
• Covert and undetectable guns
• Gun without a serial number
• Stun-guns

Possession of a sawed off shotgun, bump stock firearm, a gun that is covert or undetectable , or a firearm without a serial number is a third degree crime punishable by up to 5 years in prison and a fine of up to $15,000. It is a fourth degree crime that carries up to 18 months in prison and a maximum fine of $10,000 to possess a defaced gun, a gun with a large capacity magazine, body armor piercing guns and ammunition, or a stun-gun. The highest grade of prohibited gun charge is a second degree crime for possession of an assault rifle. The penalties for possessing this type of gun include 5-10 years in prison and a fine that can reach $150,000. You will note that a weapon offense falling under 2C:39-3 is always a felony that falls under the jurisdiction of the Monmouth County Superior Court as opposed to a municipal court within the jurisdiction.

For more information on this subject, refer to our Monmouth County Illegal Weapons page or feel free to call us so that you can speak to a criminal defense lawyer with the know-how to help you without obligation.

Unlawful Possession of a Gun

Unlawful possession of a gun can arise in five (5) different ways under N.J.S.A. 2C:39-5 and result in a crime of the third, second or even first degree, depending on the circumstances. The following is a breakdown of the five (5) forms of unlawful possession and the related grading of crime:

1. Machine guns. Unlawful possession of a machine gun is a second degree crime.
2. Handgun. It is a second degree crime to unlawfully possess a handgun, which means you either: (i) have no handgun license at all; or (ii) possess a handgun license but not a carry permit and were found in possession other than while transporting the weapon to a gun range or gun smith. If the gun is propelled by a spring or air, for example, a BB or pellet type gun, it is a third degree crime to unlawfully possess the weapon. In order for transport to or from a range or gun smith to be exempted, the gun must be unloaded and contained in a closed or fastened case, gun-box, or locked in the trunk of the automobile in which it is being transported.
3. Rifles or shotgun. It is unlawful to possess a rifle or shotgun without first obtaining a firearms purchaser identification card. This gun offense results in a third degree crime.
4. Guns Possessed at Educational Institutions. Possession of any type of gun on school grounds is unlawful unless you are law enforcement. It is a third degree crime to unlawfully possess a gun in this context.
5. Assault Guns. It is unlawful to possess an assault firearm in NJ and results in a second degree crime.

It is important to keep in mind that unlawful possession criminal charges do not arise, as you may have noted, if a gun is possessed in the home. This is because the Second and Fourth Amendments to the United States Constitution guarantee the right to bear arms in the home.

A second degree crime for unlawful possession of a gun (e.g. machine, assault rifle or handgun) results in 5-10 years in prison and a fine of up to $150,000. You face up to 5 years and a $15,000 fine for third degree unlawful possession. Third degree unlawful possession is also a felony that carries up to 18 months in prison and a $10,000 fine.

For more information on this subject, you can contact a criminal defense attorney at our law office or refer to our Monmouth County illegal handgun page. A weapon charge of this nature is clearly very serious so don’t delay in taking action to protect yourself.

Possession of a Gun for an Unlawful Purpose

An individual possesses a gun for an unlawful purpose contrary to N.J.S.A. 2C:39-4 if they: (1) possess a handgun, rifle, shotgun, bb gun, pellet gun; (2) have purpose or objective to use it against a person or property; and (3) the intended use is prohibited by law.

Please note that the term “community gun” can arise in this context, as well as unlawful possession of a handgun, and refers to a firearm that is being possessed by two or more persons while engaging in criminal activity or using it unlawfully against the person or property of another.

Possession of any type of gun or firearm for an unlawful purpose results in a second degree crime, 5-10 years in prison and a maximum fine of $150,000. When possession for an unlawful purpose involves an imitation gun, the offense is a fourth degree crime punishable by up to 18 months in New Jersey State Prison and a potential fine of up to $10,000.

For more information on this subject, refer to our Possession of a Weapon for an Unlawful Purpose page or speak to one of our gun lawyers in Monmouth County as soon as possible.

Possession of a Gun During Commission of a Drug or Other Specified Type of Offense

N.J.S.A. 2C:39-4.1 creates a separate second degree gun crime for someone to possess a firearm while engaging in certain illegal activities, specifically:

• Leader of a Narcotics Trafficking Network
• Maintaining a CDS Production Facility
• Manufacturing, Distributing or Selling CDS
• Employing a Juvenile in a Drug Distribution Scheme
• Distribution of CDS in a School Zone
• Distribution of CDS in a Public Park or Housing Project
• Bias Intimidation

As with other second degree crimes involving guns, an individual is exposed to a potential fine of $150,000 and 5-10 years in prison. There are also stiff penalties and parole ineligibility requirements associated with a companion weapon charge for unlawful possession of a firearm. To make matters worse, prison time imposed for these weapon offenses cannot be run concurrent.

Certain Persons Who Are Prohibited From Possessing a Gun

A prior conviction to certain criminal offenses automatically preclude an individual from possessing a gun under any circumstances in Monmouth County or anywhere else in New Jersey. The following offenses render someone a certain person who is prohibited from a gun under N.J.S.A. 2C:39-7:

1. Aggravated assault
2. Arson
3. Burglary
4. Escape
5. Extortion
6. Homicide
7. Kidnapping
8. Robbery
9. Aggravated Sexual Assault
10. Sexual Assault
11. Bias intimidation
12. Carjacking
13. Gang Criminality
14. Racketeering
15. Terroristic Threats
16. Unlawful Possession of a machine gun, handgun, or assault firearm
17. Leader of Firearms Trafficking Network
18. Endangering the Welfare of a Child
19. Possession of a Prohibited Weapon
20. Possessing a Weapon for an Unlawful Purpose
21. Manufacture or Transport of Weapons
22. Possession or sale of CDS (felony type)

It is a second degree crime for someone to possess a handgun or other firearm after being convicted on one of these twenty-four (24) offenses. N.J.S.A. 2C:39-7 triggers a mandatory minimum period of parole ineligibility under this circumstance of five (5) years. What this means is that you will face 5-10 years in prison and that the minimum time you will have to serve before you are eligible for parole is 5 years.

If you are facing this weapon offense in Monmouth County and are looking for more information on this subject, refer to our Monmouth County certain persons page.

Graves Act & Parole Ineligibility

The Graves Act is contained at N.J.S.A. 2C:43-6(c) and imposes mandatory minimum terms of confinement (i.e. parole ineligibility) for certain gun offenses. If you are convicted of a charge at the Monmouth County Courthouse that falls under the Graves Act, you must serve a mandatory minimum term before you are eligible parole absent issuance of a Graves Act Waiver in your case. The following gun charges fall under the Graves Act:

• Sawed-off shotgun
• Possession of a Defaced Gun
• Possession of a Firearm While Committing Certain drug offenses
• Machine gun
• Unlawful Possession of a Handgun
• Unlawful Possession of a Rifle or Shotgun
• Assault Firearms
• Certain Persons Prohibited from Possessing a Gun

The minimum term imposed under the Graves Act must be set at one-half of the sentence imposed by the court or 42 months, whichever is greater. In the case of a crime of the 4th degree, the term of parole ineligibility is 18 months.

Graves Act Waivers. As stated earlier in this section, it is possible for someone to be granted a waiver so that they are not subjected to a mandatory parole of parole ineligibility under the Graves Act. The process is referred to as a Graves Act Waiver and requires a motion filed by the prosecutor wherein he/she asserts that: (1) the accused has no prior weapon charges or certain persons charges; and (2) it does not serve the interest of justice to impose a mandatory prior of imprisonment. If the judge agrees the defendant may be sentenced to probation, one year of parole ineligibility (as opposed to 42 months) or be granted admission into Pretrial Intervention (“PTI”).

For more information on this subject, refer to our Graves Act page. You are also highly encouraged to contact a Monmouth County gun attorney at our law office as early as possible since prosecutors and law enforcement certainly do not treat handgun or similar weapon offense like they would a white collar crime.

Defense Strategies For Monmouth County Gun Charges

Posting Bail in a Monmouth County Gun Case

In July 2022, the Governor and lawmakers adopted sweeping reform to the Pretrial Release guidelines in gun cases. Several years prior to this revision, classic money bails and bail bonds were eliminated in New Jersey and the new procedure for securing pretrial release in a Monmouth County gun case involved a defendant being arrested, having their Public Safety Assessment (“PSA”) conducted, and then appearing at a first appearance at the Monmouth County Superior Court in Freehold New Jersey. At that proceeding, the accused previously enjoyed a presumption under the law that he/she would be released on conditions. This all changed as the result of revision of N.J.S.A. 2A:162-19 and 20 on June 30, 2022.

The new guidelines for Pretrial Release in gun cases are set forth in 08-22 of the Administrative Office of the New Jersey Courts. The PSA generated in all Graves Act offense cases such as one involving unlawful possession of a handgun must include a recommendation by Pretrial Services of “no release”.  And while there was previously a presumption of release in these types of cases, the revisions to N.J.S.A. 2A:162-19 and 2A:162-20 establish a rule that this presumption is overcome where there is probable cause (i.e. a reasonable basis to believe) that a defendant committed a Graves Act gun offense. If the Monmouth County Prosecutor presents evidence at a Detention Hearing to show that there is a reasonable basis for believing that you committed a firearm offense falling under the Graves Act, the presumption in favor of release is lost and you will be detained until your trial.

The revisions to the bail and pretrial release guidelines just discussed make it extremely important that you conduct your search for a Monmouth County gun lawyer very carefully. You will need to be represented by attorneys who are not only knowledgeable and persuasive, but also as connected as possible. The changes also make it extraordinarily important for you to select an attorney quickly so that they can prepare for the initial/first appearance and the motion to detain.

Contact Our Highly Skilled Freehold Gun Defense Attorneys

The ramifications of a gun charge in Monmouth County can certainly be life changing. The truth is that the penalties are intended to be stiff to discourage individuals from illegally possessing handguns and other firearms. You must entrust your defense to the right gun lawyer in Monmouth County if you want to avoid a conviction and potentially catastrophic consequences. The team of talented Monmouth County criminal lawyers is ready to invest the full measure of its experience, solidly built relationships and other resources so that you achieve the very best outcome in your gun case in Freehold NJ. Contact us online or call us at 877-450-8301 for a free consultation. Lawyers are available 24/7 so do not hesitate to contact us whenever the need arises.

Frequently Asked Questions