New Jersey Handgun Law: Unlawful Possession Resulting From The Lack of a Permit or License

Unlawful Possession of a Handgun in New Jersey

If you’re planning to carry a handgun or pistol in New Jersey, it’s crucial to have a properly issued license, permit, or exemption under the law. This regulation applies to both residents and non-residents of the state. It may come as a surprise to many individuals visiting or passing through the state with a handgun, which they purchased legally elsewhere, that unlawful possession of a handgun is a serious offense that could lead to a long prison sentence.

Understanding N.J.S.A. 2C:39-5b

Possession of a handgun without a license or permit, also referred to as unlawful possession of a handgun, is defined in N.J.S.A. 2C:39-5b. This statute prohibits an individual from knowingly possessing a handgun without obtaining a carry permit in New Jersey. It is important to note that a license or permit properly issued in another state does not qualify under this law.

The prosecutor must prove that you lacked a permit to obtain a conviction for second-degree possession of a handgun. The county prosecutor or attorney general seeking a conviction under 2C:39-5b must establish three elements beyond reasonable doubt, which include the presence of a handgun, knowing possession of the handgun by the accused, and lack of a permit.

For purposes of this law, a “handgun” includes a pistol, revolver, or any other firearm designed to fire a solid projectile by means of a cartridge or shell or by action of an explosive or the igniting of flammable or explosive substances by the use of a single hand. It can also include a BB or pellet gun activated by air or spring.

Understanding “Possession”

“Possession” can be either actual, which means direct control on an individual’s person, or constructive possession. An individual has constructive possession of a handgun when they are aware of the existence of the firearm and have the ability and intention to control it. A defendant must also lack a permit or license to be guilty under N.J.S.A. 2C:39-5b. In this regard, there is a presumption that a defendant does not possess a license, identification card, or permit unless they establish otherwise.

A jury is allowed to infer that no permit existed, and it is then up to the defendant to come forward with evidence establishing a valid permit. Keep in mind that self-defense is available to defeat this charge, but it only applies where the defendant spontaneously arms themselves to defend against an immediate danger. The possession is illegal where an individual arms themselves with a handgun before the danger becomes imminent or in preparation for a potential conflict.

Why You Need a Talented NJ Criminal Defense Attorney

Possessing a handgun without a permit can result in serious consequences in New Jersey. A conviction could mean the loss of your freedom, hefty fines, and a criminal record. That’s why it is essential to hire a talented NJ Criminal Defense Attorney if you have been charged with this offense. The lawyers at our firm are well-equipped to persuasively represent you, so you can maintain your freedom. Don’t wait; contact us today to learn how we can help.

Unlawful Possession of a Handgun in New Jersey: Understanding the Consequences

If you’re found guilty of possessing a handgun without a license, be prepared to face severe penalties. The offense is classified as a Second Degree crime, with potential incarceration ranging from 5 to 10 years. The penalties only escalate with the inclusion of the Graves Act, which mandates a minimum 42-month sentence before becoming eligible for parole.

However, there is a glimmer of hope. With the help of a skilled lawyer, it’s possible to secure a Graves Act waiver and potentially avoid the harshest penalties. Visit our comprehensive guide on the Graves Act for more information on waivers.

BB and Pellet Gun Possession in New Jersey: The Risks and Consequences

While it may seem harmless, unlicensed possession of a BB or pellet gun is a Third Degree crime in the state of New Jersey. This includes any device activated by compressed air, spring, elastic, carbon dioxide, or other gas or vapor, or any object smaller than three-eighths of an inch in diameter fired from a pistol or revolver. The punishment for this crime can range from 0-5 years in prison and a fine of up to $15,000.

It’s important to note that if the spring-loaded or air-fired device is used in the commission of a robbery, assault, or any other unlawful purpose, the mandatory minimum sentencing requirements of the Graves Act will apply.

Protect Your Future with Our Experienced Illegal Handgun Lawyers in New Jersey

Don’t let a firearms charge ruin your future. Contact our accomplished illegal handgun lawyers in New Jersey to ensure that your rights and interests are protected. With extensive experience in firearms law, our legal team is equipped to provide you with the guidance and representation you need.