Unlawful Possession of a Handgun

Our Atlantic County Handgun Defense Lawyers Are Ready To Defend Your Charge For Unlawful Possession

A common weapon offense confronted by our lawyers in Atlantic County is unlawful possession of a handgun in violation of N.J.S.A. 2C:39-5b. It is generally illegal to possess a handgun without a carry permit unless it is being transported to or from a shooting range. This charge is exceptionally serious since possessing an illegal handgun it is not only a second degree crime but also because it falls under the Graves Act. Selecting the best defense lawyer you can find is pivotal if someone charged with possession an illegal handgun wants to maintain their liberty. The attorneys at the Law Office of Jonathan F. Marshall are well aligned to represent clients in this capacity given that we have over 150 years of combined experience defending handgun charges, possess one of the largest defense teams in the state with several former prosecutors and because we have a long track record of securing Graves Act waivers, Pretrial Intervention (“PTI”) and even dismissals in permit violation cases. If you would like a free consultation with an attorney at our Mays Landing Criminal Firm (e.g. Jason Seidman, the former Director of the Gangs, Guns & Drugs Task Force or Tom Huth, the former Director of Major Crimes), contact us anytime 24/7. We can be reached by calling (609) 616-0020.

What You Need To Know If You Have Been Charged With Unlawful Possession of a Handgun

It is illegal and a second degree crime under 2C:39-5 to knowingly possess a handgun without a permit to carry. It is a first degree crime where the defendant has a prior criminal conviction that fell under the No Early Release Act (e.g. robbery, second degree aggravated assault, sexual assault, second degree burglary, etc.). If the handgun is a BB, pellet or similar device propelled by air or a spring, the violation is reduced to a third degree crime.

What Are The Penalties? A second degree illegal handgun offense carries 5-10 years in prison and a fine that can reach $150,000. A third degree crime (e.g. BB or Pellet Gun) exposes an individual to up to 5 years in prison and a fine of up to $15,000.

Are There Additional Considerations Under the Graves Act? The Graves Act requires that the sentencing judge impose a mandatory minimum term of confinement (a.k.a. period of parole ineligibility) of 42 months.

Can Someone Secure A Waiver Of The Graves Act Requirements? The only way to secure a waiver and avoid the 42 month minimum term of imprisonment is for the prosecutor to file a motion with the Assignment Judge of Atlantic County. The 2014 directive of the NJ Attorney General clarifies the appropriateness of a waiver motion where: (1) the defendant is a resident of another state; (2) lawfully acquired the handgun; (3) possession would be lawful in the defendant’s home state; and (4) the defendant was under the misimpression that possession would be lawful in New Jersey.

Is The Offense Eligible For Diversion? A second degree crime is generally ineligible for Pretrial Intervention. The program may be utilized, however, with consent by the prosecutor or where there are compelling and extraordinary reasons to support this relief.

Mays Landing Illegal Handgun Defense Attorney

While most Atlantic County illegal handgun cases arise in Atlantic City, the related charges are heard in Mays Landing since that is where the Atlantic County Criminal Courthouse is located. Our team of criminal defense lawyers is available for free consultation just a few miles down the road. If you would like to learn how we can help you challenge the search or seizure that resulted in discovery of your handgun (e.g. stop and search of your car) or even in obtaining relief through a Graves Act Waiver or Pretrial Intervention, an attorney is ready to help you. Call (609) 616-0020 at your convenience for a free consultation with a lawyer who has years of experience defending unlawful possession of a handgun charges. Do not delay in obtaining the guidance you need as attorneys on our team are available around the clock to assist you.


Related Atlantic County Legal Resources

Criminal Attorney in Mays Landing

Atlantic County Possession of a Weapon for Unlawful Purpose Lawyers

Illegal Handgun Arrest in Atlantic City

Atlantic County Certain Persons Offense