NJ Charged In New Jersey With Possession of an Out of State Gun? Lawyers

Charged in New Jersey with Possession of an Out-of-State Gun? – Legal Implications

Being charged with possession of an out-of-state gun in New Jersey can lead to serious legal consequences. Even if you legally own the gun in your home state, bringing it into New Jersey without proper permits is illegal. I know this can be confusing and scary if you’ve been arrested. This article will break down the laws, penalties, and defenses so you understand what you’re facing.

The Laws on Out-of-State Guns in New Jersey

There are a few key laws that apply here:

• It’s illegal to possess a handgun in New Jersey without a permit, even if you have a permit from another state. This is considered a second-degree crime.
• Possession of rifles and shotguns without a New Jersey firearms purchaser identification card (FID) is a third-degree crime.
• There are exceptions for transporting firearms through New Jersey under certain conditions, but you must follow strict guidelines.

Bottom line – you can’t just cross state lines into New Jersey with a gun you legally own elsewhere. You need to get the proper New Jersey permits first.

Penalties for Possessing an Out-of-State Gun in New Jersey

The penalties really depend on the specific circumstances, but in general:

• Possession of a handgun without a permit is a second-degree crime punishable by 5-10 years in prison.
• Possession of rifles or shotguns without an FID card is a third-degree crime with 3-5 years in prison.

There are also fines up to $15,000 for second-degree crimes and $7,500 for third-degree. Your gun will be seized and you’ll lose the right to own firearms in New Jersey in the future. And these sentences usually come with a mandatory minimum – meaning you have to serve at least a certain amount of time before you’re eligible for parole.

Defenses to Out-of-State Gun Charges

There are a few legal defenses that could potentially get your charges reduced or dismissed:

• You didn’t knowingly possess the gun – For example, it was left in your car by someone else.
• You were exempt from permit requirements – Active military members, for example, may have more leeway.
• You were traveling through NJ and followed transport laws – Locked container, unloaded, inaccessible to occupants, etc.
• You had no intention to use the gun unlawfully – If you had no ill intent, penalties may be lighter.

A skilled New Jersey gun crimes defense attorney can review the details of your case and build an argument around one of these defenses if they apply.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

What Should You Do if Charged with an Out-of-State Gun Crime?

Here are some tips if you find yourself in this situation:

• Remain silent and politely decline to answer police questions until you have a lawyer present. What you say can be used against you.
• Hire an experienced criminal defense attorney as soon as possible. Don’t try to navigate this alone.
• Your lawyer can negotiate with prosecutors or argue to get charges reduced or dismissed based on the circumstances.
• If convicted, your attorney can advocate for the lightest sentence possible.
• Be proactive and show the court you’re taking steps to get the proper permits and comply with the law going forward.

The bottom line is – do not take these charges lightly. The penalties are severe. The best thing you can do is get experienced legal counsel on your side quickly.

Frequently Asked Questions

Can I ever own a gun again if convicted of this crime in New Jersey?

Maybe, but it’s an uphill battle. New Jersey prohibits anyone convicted of a felony from owning firearms. You would have to get the charge expunged from your record or obtain an exemption. An attorney may be able to help you petition for an exemption after a period of time.

What if I had no idea it was illegal to bring my gun into NJ?

Unfortunately, ignorance of the law is not a valid defense in court. You are still responsible for knowing and following gun laws. That’s why it’s critical that gun owners understand the laws in each state they travel through.

Can I transport my gun if I’m just driving through New Jersey?

Yes, but there are very specific rules you must follow: the gun cannot be loaded, it must be stored in a locked container where occupants can’t access it, and you can only stop for necessities like food and gas. There are also restrictions on which routes you can take. Violating any transport rules means big trouble.

What if I have a concealed carry permit from another state?

Out-of-state concealed carry permits are not valid in New Jersey. You must have a New Jersey permit to carry concealed handguns in public places within the state.

How can I restore my right to own guns in New Jersey after a conviction?

You would need to petition the Superior Court of New Jersey to restore your gun rights. The court will conduct a hearing and make a determination based on the circumstances. It’s a long process that could take years, but an attorney can guide you through the steps.

Being arrested for an out-of-state gun charge in New Jersey is scary. But understanding the laws and penalties allows you to make smart choices if you find yourself in this situation. An experienced criminal defense lawyer can fully evaluate your case and help you build the strongest defense.