New Jersey has some of the strictest gun laws in the country, with severe penalties for illegal firearm possession, including mandatory state prison with mandatory periods of parole ineligibility. However, to be convicted of a gun crime in the first place, law enforcement must have collected the evidence lawfully and then prove specific things at trial.
Depending on the charges and circumstances, an experienced New Jersey gun crime lawyer can conduct an in-depth investigation of the case to understand how law enforcement obtained the evidence and what defense strategies may apply. At Lustberg Law Offices, LLC, our experienced lawyers are knowledgeable in handling New Jersey firearm purchasing restrictions and developing legal defense strategies for individuals who have been unlawfully prohibited. We conduct thorough investigations and evidence analysis and tailor our defense strategies to your unique circumstances. Contact us at (201) 880-5311 for a free consultation.
Common Defenses to Weapons Charges in New Jersey
Gun charges must be legally appropriate based on the facts and circumstances of the situation and evidence must be obtained legally.
One common defense strategy for a gun charge is to challenge the legality of the search that resulted in the seizure of the evidence. If the gun was found on a premises or in a car, the police must have obtained it through the appropriate channels, either through a proper traffic stop followed by a lawful search or with a valid search warrant. Challenges to these can include:
- Challenging motor vehicle searches – Many firearms are discovered during routine traffic stops. However, the officer must have probable cause to believe the vehicle contains contraband before he can legally search the car. If a firearm is found and confiscated during an unlawful search, that evidence will be suppressed.
- Challenging a vehicle stop without probable cause – Another defense to an illegal gun possession charge resulting from a traffic stop is to challenge the initial stop itself. When there was no lawful reason for a traffic stop, and that can be proven, the stop itself can be considered invalid and any evidence found during that stop can be suppressed.
- Challenging an invalid warrant or an unlawful search – A search warrant requires probable cause and has strict legal parameters. At times, law enforcement can take liberties when obtaining a warrant or search outside the scope of the warrant once they gain access to the premises. If law enforcement does this, and it can be proven, any evidence seized can be suppressed.
Gun owners from out of state may find that they are in violation of New Jersey’s stricter laws even though their conduct would normally be legal in the state where they are from. Even though their permit is not recognized in New Jersey, a non-resident of New Jersey who has a permit to carry a firearm in their state of domicile may be eligible for a diversionary program.
| Common Defenses to Weapons Charges in New Jersey | Description |
|---|---|
| Challenging the legality of the search | This defense involves challenging the legality of the search that resulted in the seizure of the gun. The search must have been conducted through proper channels. |
| Challenging motor vehicle searches | If a firearm is found and confiscated during an unlawful search conducted during a routine traffic stop, the evidence can be suppressed. |
| Challenging a vehicle stop without probable cause | This defense involves challenging the initial traffic stop itself, asserting that there was no lawful reason for the stop. If proven, any evidence found during the stop can be suppressed. |
| Challenging an invalid warrant | If law enforcement obtained a search warrant without sufficient probable cause or conducted a search beyond the scope of the warrant, any evidence seized can be suppressed. |
How to Beat a Concealed Weapons Charge
Fighting a concealed weapons charge in New Jersey requires a strong defense strategy based on legal technicalities, constitutional rights, and negotiation tactics. The following approaches may help in reducing or dismissing the charges.
- Illegal Search and Seizure: If law enforcement conducted a search without a valid warrant or probable cause, any evidence obtained, including the weapon, could be excluded under the Fourth Amendment. A motion to suppress evidence is a powerful tool to challenge these violations.
- Lack of Knowledge or Intent: Prosecutors must prove that the accused knowingly possessed the weapon. If a firearm was found in a shared vehicle, residence, or container, arguing lack of awareness may be a defense. This strategy is often used when a gun is discovered in a bag, glove compartment, or under a seat without clear evidence of ownership.
- Exemptions Under New Jersey Law: Certain individuals, such as security personnel or those legally transporting firearms, may qualify for exemptions under N.J.S.A. 2C:39-6. If the weapon was lawfully stored or the defendant had an out-of-state permit, this may serve as a defense.
- Ambiguity in Weapon Classification: New Jersey’s laws define weapons broadly. If the item in question isn’t clearly classified as a weapon under N.J.S.A. 2C:39-3 or 2C:39-5, it may be possible to argue that it does not meet the legal definition required for a concealed weapons charge.
- Plea Bargains and Charge Reduction: When the prosecution has strong evidence, negotiating a lesser charge may be the best outcome. Accepting a plea deal can reduce penalties, replacing jail time with probation or community service. In some cases, cooperating with prosecutors by providing information or accepting responsibility for a lesser offense can lead to a downgraded charge, avoiding mandatory prison sentences under New Jersey’s Graves Act.
Graves Act Waiver
A conviction for a gun-related offense in New Jersey can lead to severe consequences, particularly under the Graves Act (N.J.S.A. 2C:43-6(c)), which imposes mandatory minimum sentences for certain firearm offenses. Defendants convicted under this law must serve at least one-third to one-half of the imposed sentence or a minimum of 42 months, whichever is greater, before becoming eligible for parole. However, a Graves Act waiver may provide an opportunity for a reduced sentence or alternative sentencing under specific circumstances.
A Graves Act waiver requires approval from the prosecutor and the court and is granted only when strict enforcement of the mandatory sentence is deemed inconsistent with the interests of justice as outlined in the New Jersey Attorney General’s guidelines. To secure a waiver, the defense must present compelling reasons, such as lack of prior criminal history, mitigating circumstances, or cooperation with law enforcement. If granted, the mandatory minimum term may be reduced, or in some cases, the defendant may qualify for probation or non-custodial sentencing alternatives.
New Jersey also has a Graves Act Early Disposition Program (EDP), which allows for expedited plea offers in certain firearm cases, potentially leading to lesser charges or reduced sentences. While Pre-Trial Intervention (PTI) is typically not available for Graves Act offenses, exceptions may exist, particularly for out-of-state residents arrested for possessing a legally owned firearm without criminal intent.
A knowledgeable New Jersey gun crime attorney can negotiate with the prosecutor to seek a waiver, argue for a reduced charge, or explore diversionary options where applicable. Strategic legal advocacy can significantly impact the case outcome, helping defendants minimize penalties and avoid prolonged incarceration under New Jersey’s strict firearm laws.
Can You Get Probation for a Gun Charge in NJ?
In New Jersey, gun charges are taken seriously due to the state’s stringent gun laws. The possibility of probation for a gun charge depends on several factors, including the nature of the offense, the defendant’s prior record, and whether the charge falls under the state’s Graves Act.
Probation may be an option for cases involving non-violent offenses or for individuals without previous criminal records. The specifics of a gun charge significantly influence the consideration for probation, depending heavily on the nature of the offense. For instance, possessing a firearm without unlawful intent may be viewed differently than possessing one with the intent to commit a crime.
Judges have limited discretion in gun cases due to mandatory sentencing laws, but they can consider factors such as the defendant’s intent, the circumstances of the arrest, and the individual’s criminal history. For example, possession of a firearm without criminal intent may be treated differently than possession with intent to commit a crime. If the court grants a Graves Act Waiver, probation may become an option, but it is not guaranteed.
Anyone facing a gun charge should consider consulting with a New Jersey gun crime lawyer to navigate the legal process and advocate for the best possible outcome. To discuss your case, schedule a consultation with Lustberg Law Offices today.
Purchase and Ownership of Guns in New Jersey
In New Jersey, individuals must obtain a Firearms Purchaser Identification Card (FID) to buy rifles and shotguns, while a Permit to Purchase a Handgun is required for each handgun acquisition. Although firearm registration is not mandatory, the state maintains records of firearm purchases through these permits.
Certain firearms are prohibited in New Jersey, including specific assault firearms as defined by state law, sawed-off shotguns, and firearms with large-capacity magazines exceeding 10 rounds. The state enforces strict regulations on gun possession, and violations can result in severe penalties, including felony charges and imprisonment.
A criminal charge can be brought against individuals who illegally purchase or possess a firearm, regardless of whether the firearm is used. Unlawful possession, even without criminal intent, may result in serious legal consequences.
New Jersey has stringent requirements for carrying firearms in public. A Permit to Carry a Handgun is required, and applicants must demonstrate a justifiable need for self-protection. Most permits are granted to law enforcement officers and individuals who meet strict state criteria. Carrying a firearm without a permit can lead to criminal charges.
Firearms must also be transported in compliance with state law, meaning they should be unloaded, stored in a locked container, and kept separate from ammunition when traveling. Recent legal developments may influence firearm regulations in New Jersey, so individuals should stay informed about changes to state and federal laws.
Getting the Assistance of an Experienced New Jersey Criminal Defense Attorney
Gun charges in New Jersey carry significant legal consequences, and a strong defense requires a thorough review of the evidence. A criminal defense attorney can examine police reports, body camera footage, dashcam recordings, and witness statements to identify inconsistencies or weaknesses that may be used to challenge the prosecution’s case.
Individuals facing weapons charges may benefit from legal representation that focuses on protecting their rights and building a strategic defense. New Jersey criminal defense attorney Adam M. Lustberg can assess the details of a case, explain legal options, and discuss potential defense strategies based on the specific circumstances. Contact Lustberg Law Offices, LLC at (201) 880-5311 today for a free consultation
