New Jersey Weapon Charges: Possession in a Motor Vehicle
Given many factors, motor vehicles tend to be a common element in criminal arrests, including those involving weapon possession. The incident of cars, trucks and other vehicles comes up so much in firearm and weapon cases that there is a specific law in NJ as to how possession is to be interpreted in this instance. The rules of construction apply to all varieties of weapon charges including, but not limited to, Possession of a Firearm Without a Permit, Possession of a Weapon for Unlawful Purpose, Certain Person Not to be in Possession of a Firearm. If you were arrested for possessing a firearm or other weapon in a motor vehicle, our attorneys have the knowledge to make sure that you receive the maximum protection afforded under the law. The legal staff includes three attorneys, two of which are former prosecutors, and another with almost 30 years in practice. One of our lawyers would be happy to discuss your case in a complimentary initial consultation and formulate a defense to your charges. A lawyer from our law firm is available 24/7 at 1-877-450-8301.
New Jersey Law: Possession of Firearm or Weapon in a Motor Vehicle
N.J.S.A. 2C:39-2 is the law in NJ that sets forth certain presumptions that apply to Possession of a Firearm, Weapon, Destructive Device, Silencer or Explosives in a Motor Vehicle. It is important to keep in mind that 2C:39-2 applies not only to automobiles but all forms of vehicles including trucks, buses, tractor trailers, boats, cars and the like. The law presumes that a handgun, shotgun, rifle or weapon found in a motor vehicle is in the possession of its occupant(s). There is an exception to this presumption where the weapon is found on the person of a single occupant. Another exception applies where the gun, knife or other weapon, is found in an enclosed depository of a motor vehicle such as a glove compartment or trunk. Where this fact exists, a weapon such as a handgun is deemed to be possessed by the owner or individual having authority to operate the motor vehicle. A final exception applies where a firearm or weapon is found in a taxi cab. Where a pistol, shotgun or the like is recovered from the passenger compartment, it is presumed that the passenger(s) possess the weapon. Where there are no passengers, the taxi driver is assumed to be in possession.
Do not hesitate to contact our office to learn more about possession of a shotgun, pistol, revolver or other form of weapon in a motor vehicle. Your rights may have been violated when your car was searched and our lawyers will make sure that you are properly defended. Attorneys are immediately available to address your questions and concerns at 1-877-450-8301.
