New Jersey Certain Person in Possession of a Firearm or Weapon Lawyers

Former County Prosecutors That Include A Former Gun Task Force Director Are Ready To Defend Your Certain Persons Offense

Although the United States Constitution grants the right to bear arms, this does not grant unconditional authority for someone to possess a firearm or weapon. For example, an individual forfeits his or her right to purchase, own, or possess a weapon once they are convicted of an criminal offense that renders them a certain person not to possess a weapon under N.J.S.A. 2C:39-7.  Failure to abide by this restriction exposes an individual to severe penalties, especially when the weapon is a handgun, shotgun, rifle or other firearm. This is why it is exceptionally important to retain a skilled attorney if you were charged with being a certain person in possession of a weapon/firearm.  A talented defense attorney will ensure that someone arrested on this charge is not subjected to imprisonment.

The Law Offices of Jonathan F. Marshall possesses accomplished NJ weapon defense attorneys with qualification that are unquestionably outstanding. Our criminal defense firm can offer you:

• Over 200 years of combined experience defending certain persons and other weapon charges throughout New Jersey
• Representation by a team of fourteen (14) lawyers who specialize exclusively in the defense of the accused
• Former county prosecutors that have handled a wide variety of felony criminal charges while employed in highly level positions like Director of Major Crimes, the Guns Task Force and the entire Trial Division of an office
• Members who have been certified as Criminal Trial Attorneys by the NJ Supreme Court, a distinction held by less than 2% of those licensed in the state
• An extensive history of success in defending clients who are a certain person not to be in possession of a handgun, rifle, shotgun or other weapon.

Possessing a weapon, especially a firearm, is a high risk activity when someone is a certain person. A conviction exposes the individual to a long period of incarceration and other consequences that can be devastating. This is good reason to take the time to speak to one of the highly experienced New Jersey criminal lawyers at our firm. Call us at 855-450-8310 anytime of day or night to discuss an arrest, initial appearance, detention hearing or any other aspect of your certain persons case.

When Is Someone A Certain Person In New Jersey?

An individual is precluded from owning or possessing a weapon, including a firearm, once they are convicted of domestic violence, have been found to suffer from mental illness or have a criminal record that includes:

How Does The Prosecutor Prove A Certain Person Offense?

In order to convict someone for possession of a weapon in violation of the certain persons law, the prosecutor must prove three separate elements of proof beyond reasonable doubt. He or she must establish that the:

1. Item in question is a “weapon” (or firearm);
2. Defendant knowingly purchased, owned, possessed or controlled the weapon; and
3. Defendant was previously convicted of a predicate offense (or previously committed for a mental disorder).

The definition of weapon is contained in N.J.S.A. 2C:39-1(r) and includes any object capable of inflicting serious bodily injury. Whether an item constitutes a “weapon” hinges on the attendant circumstances, including the size, shape, condition, concealment and actions of the accused at the time of the alleged commission of the offense. See State v. Jones, 198 N.J. Super. 553, 565 (App. Div. 1985)

Knowledge is also a fundamental element of a certain persons charge. The person charged must be aware of the existence of the weapon or circumstances manifesting a high probability of its existence. Possession can be actual or constructive. An individual constructively possesses a weapon where he knows of its character and intends to control it.

Mental Disorders Prohibiting Firearm Possession. If you have ever been committed for a mental disorder to any hospital, mental institution, or sanitarium, it is almost always crime to purchase, own, possess, or control weapons under New Jersey law. However, you are no longer subject to this limitation if you obtain satisfactory proof such as a certificate from a medical doctor or psychiatrist licensed to practice in New Jersey that you are no longer suffering from a mental disorder that interferes with or handicaps you in the handling of a firearm or weapon.

Any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, who purchases, owns, possesses or controls any weapon as set out in subsection r. of N.J.S.A. 2C:39-1 is guilty of a crime.

What Are The Penalties If You Are Convicted Of Being A Certain Person In Possession Of A Weapon?

It is a fourth degree crime to possess a weapon (other than a firearm) after being committed to a mental institution or after being declared mentally incompetent.  The penalties for a fourth degree certain person offense include up to 18 months in prison and a fine of up to $10,000.

Violation of N.J.S.A. 2C:39-7 results in a third degree crime when the accused possesses a firearm after being convicted of domestic violence. The penalties that apply to this degree of charge include up to 5 years in prison and a maximum fine of $15,000.

An individual is guilty of a second degree crime if they possess a firearm after being convicted of a crime that renders them a certain person.  The period of incarceration is 5-10 years and the potential fine is $150,000 at the time of sentencing for a second degree certain person offense.

Graves Act Implications. The Graves Act applies whenever someone uses a weapon in the commission of a crime and also when an individual is convicted of certain weapon offenses, including a certain persons charge under N.J.S.A. 2C:39-7b (certain person in possession of a firearm), N.J.S.A. 2C:39:7b2 (prior domestic violence conviction), N.J.S.A. 2C:39-7b3 (weapons previously seized under the Prevention of Domestic Violence Act) or N.J.S.A. 2C:39-7a (certain person in possession of another variety of weapon). The Graves Act requires that the court impose a mandatory minimum term of imprisonment of at least 5 years for a certain person in possession of a firearm and a period of parole ineligibility of between one-third and one-half of the prison sentence in all other instances.

Defenses to a Certain Person Offense

There are always defenses that can be explored by a talented criminal defense lawyer in hopes of defeating a certain person offense. The following are some of the frequently raised defenses:

• Prior Conviction Was Not For A Predicate Offense. An individual is not deemed a certain person for every criminal conviction but those limited offenses set forth in 2C:39-7. Police and prosecutors often overreach in this regard, especially when it comes to out-of-state convictions, so hiring a knowledge NJ gun lawyer is imperative.
• The Object Does Not Constitute A Weapon. A certain person is precluded from possessing a weapon, not just firearms. You can defeat this weapon offense if the item in question isn’t a “weapon”.
• Possession and/or Control Was Lacking. You can only be convicted for being a certain person if you were in physical or constructive possession of a weapon.
• Illegal Search & Seizure. In order for discovery of the weapon to be valid, it must have been uncovered in accordance with the constitutional dictates of proper search and seizure. If the police violated these requirements such as where there wasn’t probable cause to conduct a search, the weapon cannot be used as evidence in a certain person case.
• Miranda Violated. An interrogation cannot be conducted unless the an individual is properly Mirandized. When someone incriminates themself in violation of Miranda, for example, reveals facts that lead to discovery of the weapon, the confession must be excluded by the court (i.e. suppressed) and so too any evidence that was subsequently uncovered. This concept is referred to as fruit of the poisonous tree.

Certain Person Not To Possess A Weapon Attorney in New Jersey  

Our lawyers regularly appear in court throughout NJ and aggressively defend clients facing rifle, gun, and other weapons charges. An attorney at the Law Offices of Jonathan F. Marshall will make sure that you are given every opportunity for success, including downgrading and/or dismissing your certain persons charge. Call us toll free at 855-450-8310 anytime 24/7 to speak to a talented weapons defense lawyer immediately.

Frequently Asked Questions In New Jersey Certain Person Cases