Possession of a Firearm by a Minor

A weapon charge is always a serious offense and this remains the case even if the suspect is under eighteen years of age (i.e. a minor). The unlawful possession of a firearm such as a handgun, rifle or shotgun has significant consequences for a juvenile. Any child arrested for possessing a firearm can be can be prosecuted for Possession of a Firearm by a Minor under N.J.S.A. 2C:58-6.1 or under a host of other gun statutes like Possession of Weapon for Unlawful Purpose or Possesssion of a Firearm Without a Permit depending on the facts and circumstances of a case. These laws expose a juvenile who has been arrested for possessing a firearmto serious penalties such as juvenile detention, probation, loss of license, fines and community service. In fact, the prosecutor can even seek to waive a minor charged with these types of offenses up to adult court thereby subjecting the child to the same penalties that would apply to an adult. What should be abundantly clear given the seriousness of these cases is the fact that an experienced defense lawyer is an absolute must for any family embroiled in a firearms case. At the Law Offices of John F. Marshall we specialize in juvenile crime and defending individuals facing handgun and other firearm charges. Our lawyers will examine the facts of your case in detail so that a proper defense may be formulated and will vigorously represent your child throughout every stage of the court proceedings. You should also know that your child is in sound hands as our attorneys possess over 60 years of collective experience and include two former prosecutors. We represent juveniles wo have been in possession of a shotgun or other gun all across New Jersey including Monmouth County, Ocean County, Union County, Middlesex County, Hudson County, Morris County, Mercer County, and Burlington County.  If your child has been charged with firearm possession, an attorney at our firm is available 24/7 to assist you at 1-877-450-8301.

New Jersey Law: Possession of Firearms by a Minor

N.J.S.A. 2C:58-6.1 is the law in NJ governing purchase and possession of firearms by minors. This statute contains an absolute prohibition against juveniles purchasing or acquiring a firearm. This bar applies to all guns including a pistol, shotgun, rifle, assault weapon, airgun, handgun, or BB gun. Additionally, an individual under the age of twenty one (21) is prohibited from purchasing or acquiring a handgun except where he or she is a member of law enforcement. While these age groups are not permitted to purchase firearms or handguns, they may operate, possess, or use these weapons under the following circumstances:

1. Where the individual is under supervision of a parent or guardian who holds a permit for the related handgun or firearm; or
2. Where the individual is utilizing the firearm or handgun in conjunction with a military drill;
3. Where the individual is operating the firearm or handgun at an approved firing range;
4. Where the individual is hunting with a valid hunting license following completion of an approved hunter's safety course.

Penalties for Possession of a Firearm by a Minor

Any juvenile charged with unlawful possession a firearm under N.J.S.A. 2C:58-6.1 is subject to a Fourth Degree crime.  Furthermore, under § 2A:4A-34(c)(2) a juvenile charged with delinquency for weapon possession must face a retention hearing where the court may decide to hold the juvenile in detention pending the outcome of the case. If the juvenile was also in Possession of a Firearm for Unlawful Purposes, he faces an enhanced charge involving a Second Degree crime. Additionally, if the juvenile brought the firearm into a school, then the charge is a Third Degree offense. Since possession of a handgun or other firearm potentially involves a Fourth Degree, Third Degree, and even Second Degree crime,  a juvenile arrested for these charges can face lengthy incarceration. He or she is also exposed to many additional consequences if convicted.

Since the law mandates that every juvenile be represented by an attorney, the real question facing a parent is who to hire. In this regard, we believe that the attorneys on our staff  pose an excellent option. The lawyers on our defense team would be happy to put their years of experience and success to work for your child. Our firm has offices located throughout NJ including Monmouth County, Middlesex County, Union County, Ocean County, Essex County, Ocean County, Mercer County, Hudson County, and Morris County. Your child deserves the best opportunity to maintain his future and our defense lawyers are here to help.