Possession of a Handgun: Unlawful, Unlicensed & Without a Permit  

It is illegal to possess a handgun or pistol in NJ absent a properly issued license, permit or exemption under the law. It is also important to keep in mind that this regulation applies to both resident and non-resident. This fact often comes as a major surprise to individuals visiting or passing through the state who are in possession of a handgun (e.g. trucker or other individual carrying for protection). A valid license issued in another state does not absolve an individual from compliance with NJ laws concerning guns. See State v. Hatch, 64 N.J. 179, 185, 313 A.2d 797, 799 (1973). The penalties for possessing a pistol without a permit or license under N.J.S.A. 2C:39-5b are also very severe so it is crucially important that anyone charged with this offense retain an experienced attorney. The attorneys at our law firm, the Law Offices of Jonathan Marshall, include two former prosecutors and a defense team with over 60 years handling unlawful possesssion of a handgun charges. One of our lawyers is always available 24/7 to assist you at 1-877-450-8301. We hope you find the information regarding this topic of assistance and please do not hesitate to contact us if you would like to know more about the charge of possession of a handgun without a permit.

New Jersey Handgun Law: Possession Without a Permit or License

Possession of a handgun without a license, also referred to as Unlawful Possession of a Handgun, is outlined at N.J.S.A. 2C:39-5b of NJ law. This regulation prohibits an individual from knowingly possessing a handgun without obtaining a carry permit. The fundamental elements needed to be established beyond reasonable doubt under 2C:39-5b to obtain a conviction of this offense are: (1) the existence of a handgun; (2) knowing possession of the handgun; and (3) the 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, ball, slug, pellet, missile or bullet 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. "Possession" can be either actual, that is, direct control on an individual's person, or constructive possession. An individual has constructive possession of a handgun when he is aware of the existence of the firearm and has the ability and intention to control it. An individual must also lack a permit or license to be guilty under N.J.S.A. 2C:39-5b. In this regard, the New Jersey handgun laws impose a presumption that a defendant does not possess a license, identification card or permit unless he establishes to the contrary. A jury is allowed to infer that no permit existed and then it is up to the suspect to come forward in a case under 2C:39-5b with evidence establishing a valid permit. It is also important to keep in mind that while self-defense is a proper defense under the law, it only applies where the defendant spontaneously arms himself to defend against an immediate danger. The possession is illegal where an individual arms himself with a handgun before the danger becoming imminent.

NJ Penalties for Unlicensed Possession of a Handgun, Pistol or Revolver 

A conviction for possession of a handgun without a carry permit is a Second Degree crime. A Second Degree Offense carries a period of incarceration in jail or prison of between 5 and 10 years. Additionally, a conviction for this charge falls within the Graves Act. The Graves Act imposes a period of parole ineligibility that an individual serve in jail before they are eligible for parole.