Possession of an Illegal Handgun Defense Lawyer

Cherry Hill NJ Illegal Handgun Attorneys

Possession of an illegal handgun is an offense that is much more common in Camden County than most areas in New Jersey. We know from experience that the proximity of municipalities like the City of Camden, Pennsauken Township and Gloucester City to Pennsylvania where the handgun laws are much more liberal is a significant factor in the high number of individuals arrested for failure to have a carry permit in Camden County. There is also no doubt that criminal activity including distribution of drugs is higher here so there are more illegal handguns. Whether you fall within the spectrum of an innocent out-of-state driver or resident who was visiting with your pistol or revolver or someone possessing a handgun for more corrupt reasons, it is pivotal that you retain a skilled defense lawyer to avoid jail.

The attorneys at the Cherry Hill Criminal Firm of The Law Offices of Jonathan F. Marshall include several former prosecutors that have handled countless handgun cases. We know what it takes to secure a waiver so that you can avoid the implications of the Graves Act. This law makes it mandatory under most circumstances for someone to go to jail if they are in possession of a Glock, Smith & Wesson, Ruger, Beretta, Kahr or other brands of a handgun without a valid carry permit. Our lawyers will attack your charge from every angle whether it is challenging a motor vehicle stop and search, the warrantless entry into your apartment or house, or another potential defense. To speak to an attorney on our team in a free initial consultation, call our Cherry Hill Office at 856-662-8300. The consultation is free so do not hesitate to contact us.

An Experienced Attorney To Avoid The Strict Concealed Carry Laws in New Jersey

No one with a working knowledge of New Jersey’s carry rules would argue that they are anything but strict. Securing a carry permit is a stringent process that requires that you have no disabilities, are fully familiar with safe handling of a handgun, have a justifiable need to carry a weapon, for example, have an occupation that requires that you be armed or are presented with a “serious threat” that necessitates your being armed, and that you possess good character, including no criminal arrests. Almost no one can fulfill these requirements so the best someone can legitimately hope for in the state is to obtain a permit to purchase a handgun. This form of license allows you transport a handgun without a carry permit if it is unloaded, properly stored and is being transported to and from your home and a shooting range, your business, hunting or a secondary residence. The law also allows for reasonable deviations from these courses of travel such as to secure fuel, food or medical attention, drop off or pick up passengers, avoid traffic or to deal with an emergency. If you do not possess a license to purchase a handgun in NJ or are found with a handgun outside of these limited circumstances, you are subject to a charge of carrying a handgun without a permit.

Unlawful possession of a handgun is the term used in the New Jersey Criminal Code to describe the offense that is triggered when someone violates the restrictions previously set forth. N.J.S.A. 2C:39-5 makes this charge a second-degree crime punishable by up to ten years in prison and a fine of up to $150,000. This violation applies where someone “knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry.” There is an exception to this treatment, however, where the handgun is BB gun, Pellet Gun, Paint Ball Gun or Airsoft Gun. In this instant, the offense is a third-degree crime. Charges for a separate second-degree crime arise when the unlawful possession of a handgun is “while in the course of committing, attempting to commit or conspiring to commit” CDS/drug activities or where possession for an unlawful purpose exists. The lawyers on our staff utilize their 100 plus years of experience to avoid convictions for these offenses. We are longtime gun owners who are not only known to the intricacies of the law but are also sensitive to your rights.

Camden Unlawful Possession of a Handgun Defense Lawyer

Since every form of handgun offense is an indictable crime in this state, the only place your charge may be heard is at the Camden County Superior Court in Camden New Jersey. Whether you were arrested in Cherry Hill, Gloucester Township, Winslow or another town in the county, this is the only place that your case may be decided. Our attorneys are extremely familiar with the Camden Courthouse as they have handled immeasurable charges there over the last several decades. A handgun defense lawyer on our staff is ready to conduct a comprehensive review of the facts of your case along with providing his insight as to the best strategy for avoiding a conviction and/or securing a waiving so you can avoid incarceration (i.e. prison or jail). They will also discuss the possibility of admission to Pretrial Intervention, a diversion program that allows you to avoid prosecution and a criminal record. Call us anytime 24/7 at 856-662-8300 for the guidance you need.