Jump to Navigation
Possession of a Handgun

NJ Handgun Possession 

An individual exposes himself to a number of potential offenses when he takes possession of a handgun or pistol without proper basis under the law. The reason for this is the fact that it is absolutely illegal to possess a gun in New Jersey without a proper permit. Even where someone has a pistol permit or license, that does not authorize him to “carry” the handgun. What should be abundantly clear from this brief review of the New Jersey law is that handgun issues are multi-layered. Possession of a gun can result in a charge of Possession of a Handgun Without A Permit, Possession of a Firearm for an Unlawful Purpose, or even a Certain Persons Offense. If you have been charged with any form of handgun possession, we have the defense team to insure that you stay out of jail. The lawyers at our firm, the Law Offices of Jonathan Marshall, include two former prosecutors and another attorney with over 30 years experience. Every one of our attorneys is knowledgeable in NJ gun laws and would be happy to provide you with the information needed to make the right decision with your case.  An attorney is available 24/7 at 1-877-450-8301.

Overview of New Jersey Handgun Law

It is illegal under N.J.S.A. 2C:39-5 for an individual to possess a handgun without a permit or license. A violation of 2C:39-5 is a Second Degree crime. An individual charged with this offense is exposed to 5 to 10 years in prison and additional stipulations under the Graves Act concerning parole ineligibility.  If the possession of a pistol is for the purpose of committing a crime against person or property, then a separate charge under N.J.S.A. 2C:39-4 apply. This is commonly referred to as Possession of a Firearm for an Unlawful Purpose. This is also a crime of the Second Degree punishable by 5 to 10 years in jail.  The Graves Act also applies to this handgun offense. Additionally, individuals in possession of a handgun are subject to N.J.S.A. 2C:39-7 which prohibits those convicted of certain felonies, domestic violence, or suffering from mental illness, from owning or possessing a gun. A violation of 2C:39-7, captioned Certain Persons Not to be in Possession of a Firearm, is also a Second Degree Crime.

Reach an Experienced Gun Possession Lawyer 

The foregoing is a brief overview of the main handgun laws in NJ. The related offenses are discussed in more detail on the linked pages. If you require additional information or wish to speak to one of our attorneys, we are available for a complimentary consultation. Our lawyers are always happy to assist those charged with handgun violations. An attorney is available now at 1-877-450-8301.

 

Follow John on twitter @jabalaw

The criminal defense attorneys at the Law Offices of John F. Marshall represent New Jersey adult and juvenile clients from offices in Shrewsbury, Cranford, Toms River, Jersey City and New Brunswick. We provide prompt and convenient client service to people in such communities as Newark, Plainfield, Freehold, Eatontown, East Brunswick, Edison, Woodbridge, Westfield, Clark, Rahway, Piscataway, Sayreville, Elizabeth, Middletown, Asbury Park, Long Branch, Jackson, Lakewood, Point Pleasant, Edison, Old Bridge, Aberdeen, Linden, Belmar, Eatontown, Hazlet, Holmdel, Ocean, Sea Bright, Hoboken, Weehawken, Seaside Park, Seaside Heights, Tinton Falls, Wall, Brick, Dover, Jackson, and other locations in Monmouth County, Middlesex County, Union County, Ocean County, Burlington County, Mercer County, Essex County, Hudson County and Morris County.

FirmSite® by FindLaw, a Thomson Reuters business.