Lawmakers in New Jersey have enacted what is known as a “certain persons” offense, which prohibits an individual who has been previously convicted of one of the applicable crimes listed below, or one who has been committed for a mental disorder, from legally possessing a weapon in the state. Felony convictions for crimes ranging from robbery to kidnapping and aggravated assault may lead to classification as a “certain person,” and even convictions for disorderly persons offenses such as simple assault when committed in the context of domestic violence, may prevent you from possessing a weapon for the remainder of your life. Violating this law can result in serious charges for a “certain persons” offense, which is punishable by a term of incarceration in New Jersey State Prison, the length of which is determined by the specific weapon associated with the alleged crime and the previous offense for which you were found guilty.
At The Law Offices of Jonathan F. Marshall our attorneys have been active participants in the New Jersey Justice System for over 100 years combined, serving as prosecutors and defense attorneys. Our coveted reputation has been cultivated through diligence, continued education, and an unwavering commitment to exceeding our clients’ expectations. Earning recognition among the Top 100 Criminal Attorneys, Top 40 Attorneys Under 40 in New Jersey, and Best Attorneys in America, we choose to support these honors with thousands of court room victories across the State. Whether your case can be best resolved through downgraded charges, a negotiated plea to a lesser sentence, enrollment in a diversionary program such as Pre-Trial Intervention, or an outright dismissal at trial, our talented attorneys will work tirelessly to identify and obtain a favorable resolution. If you or someone you love has been charged with a crime in New Jersey, simply contact our offices at 908-722-1011 for a free consultation. We are available 24/7 to answer your questions.
Certain Persons Not to Have Weapons (“Certain Persons”) in New Jersey: N.J.S.A. 2C:39-7
A conviction for any of the following offenses may result in classification as a “Certain Person”:
- Aggravated Assault
- Aggravated Sexual Assault
- Sexual Assault
- Endangering the Welfare of a Child
- Bias intimidation
- Possession of a Prohibited Weapon or Device
- Possession of a Weapon for an Unlawful Purpose
- Manufacture, transport, disposition and defacement of weapons
- Unlawful use, possession, or sale of a controlled dangerous substance
- Domestic violence offenses (i.e. simple assault)
As mentioned previously, a person who has been committed for a mental disorder to any hospital, mental institution or sanitarium may also meet the criteria of a “certain person.” It is also important to note that the State of your previous conviction is irrelevant in the eyes of the law.
Penalties for Certain Persons Offenses in New Jersey
The grading of a certain persons offense is determined by two significant factors: the crime associated with the previous conviction and the specific weapon associated with the new offense (i.e. a firearm or other weapon) These penalties are delineated as follows:
Second Degree Certain Persons Offenses:
- Apply in cases involving firearms
- Punishable by a period of between 5 to 10 years in New Jersey State Prison
- Also subject to the sentencing guidelines of New Jersey’s Graves Act, which requires imposition of a minimum term of imprisonment and parole ineligibility for certain firearm-related offenses. The mandatory minimum period of parole ineligibility must be fixed at 5 years, unless the defendant is sentenced to an extended term, in which case the period of parole ineligibility must be fixed at, or between, one-third and one-half of a sentence imposed, or 5 years, whichever is greater.
Third Degree Certain Persons Offenses:
- Apply in cases involving previous convictions for domestic violence offenses
- Punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison
Fourth Degree Certain Persons Offenses:
- Apply in cases involving weapons other than firearms
- Punishable by a maximum sentence of 18 months to be served in New Jersey State Prison
Seek Help from our Hunterdon County NJ Weapons Charges Attorneys
The renowned criminal defense team at The Law Offices of Jonathan F. Marshall are always available to provide cost-free consultations. Contact our offices anytime at 908 722-1011 to discuss your case and learn more about your options.