Gun Defense Lawyer in New Jersey
If you were caught possessing or transporting a handgun that you brought from Georgia to New Jersey, you could be facing serious penalties. New Jersey does not afford reciprocity when it comes to gun licensing so you cannot carry a weapon unless you were issued a permit by the Garden State. As a result, if you are caught carrying a handgun in New Jersey, you can be charged with a second degree crime for unlawful possession of a handgun. This offense carries mandatory prison time under the Graves Act. Hiring an accomplished New Jersey handgun defense lawyer is absolutely necessary if you are arrested for this weapon offense.
Marshall Criminal Defense has the skill-set to successfully defend your handgun charge. We have a team with exception qualifications to ensure you have every chance of avoiding a conviction and imprisonment, including:
- Over 200 years of combined experience defending gun charges throughout New Jersey
- 14 attorneys whose practice exclusively in the area of criminal defense
- Former county prosecutors that have served as Director of the Guns Task Force, Major Crimes Bureau, Special Operations, Juvenile, Domestic Violence and even an entire Trial Division
- Certified Criminal Trial Attorneys
- Long history of securing Graves Act Waivers, Pretrial Intervention (“PTI”) and other favorable outcomes in handgun cases involve out-of-state residents
As you can see, our credentials to ensure that you achieve the best possible outcome are impressive. Attorneys are available to explore the facts of your case and advise you as to a course of action to secure a dismissal, waiver or other favorable result. Call 855-450-8310 for a free consultation with a lawyer at the firm.
What Constitutes Unlawful Possession Under NJ Law?
The United States Constitution preserves the right of an individual to possess and bear a handgun or other firearm within their household. However, firearms may be regulated by state law enforcement in almost any manner otherwise.
New Jersey heavily regulates handguns and makes it illegal to possess this type of firearm except under very narrow circumstances. N.J.S.A. 2C:39-5b makes it a second-degree crime to knowingly possess a handgun, including an antique, under any other circumstances if you do not have an NJ permit. When the handgun is in the nature of an air gun or spring, for example, a BB or pellet pistol, unlawful possession is reduced to a third-degree crime. You cannot carry a handgun in NJ, absent a carry permit, except if you are transporting it to or from a gun range or gunsmith.
Transporting a Handgun from GA to or Through NJ
An individual is permitted to transport a handgun to and from a gun range, gunsmith, or the place of purchase and during reasonably necessary deviations from these routes. As long as you limit your travel to these locations, NJ law allows you to possess the handgun in a car, truck, or even a motorcycle, without a permit to carry.
There are also instances where federal preemption will come into place, override state law, and permit possession beyond what is usually permitted in Georgia or New Jersey. Under federal law, a gun owner is entitled to:
Transport a firearm for any lawful purpose from any place where [you] may lawfully possess and carry such firearm to any other place where [you] may lawfully possess and carry such firearm, if, during such transportation, the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle. 18 U.S. Code §926A.
This means that you are permitted to possess a Georgia handgun during the course of travel or reasonable stops if you are en route to a state where your firearm is legal, for example, Maine. However, the handgun must be stored appropriately, possessed for a lawful purpose, and held by someone who isn’t disqualified (i.e., certain convicted persons, etc.) for these federal preemption rights to apply.
Proper Storage During Transport
The NJ storage during transport law is set forth at N.J.S.A. 2C:39-6g. This statute says that a GA handgun, or any handgun for that matter, must be transported unloaded, in a separate case or chest, and in a location that is inaccessible from the passenger compartment, customarily in the trunk. If the weapon is transported on a motorcycle, it should be stored in a saddle bag or case. Storing a handgun in a glove box or center console does not comply with this requirement. Additionally, ammunition is to be stored separately from the firearm, regardless of whether transporting the handgun in a car, truck, or motorcycle.
Penalties For Unlawful Possession of a Georgia Handgun
Unlawful possession of a handgun by someone from Georgia or another state is a second-degree crime. Under N.J.S.A. 2C:39-5b, you could face five to ten years in prison and a fine of up to $150,000 if you are convicted.
The Graves Act also has a mandatory period of parole ineligibility that must be imposed at sentencing. Without some form of waiver, individuals convicted of unlawful possession of a handgun must serve a minimum of five years without the possibility of parole.
Securing Pretrial Release Following an Arrest
Within 48 hours of being arrested, individuals must appear before a judge so that terms for pretrial release can be set. The court must review a Public Safety Assessment (PSA) to craft conditions, if any, that will permit a release from custody prior to trial.
However, if the prosecution files a Motion to Detain, the judge is not permitted to make a determination regarding pretrial release. If such a Motion is filed, the case and detention hearing (to determine whether an individual shall be released) is suspended for an additional three days.
The NJ Attorney General has issued a directive that a Motion to Detain should be filed in all Graves Act firearms offenses. This means most individuals arrested for unlawful possession of a handgun will be detained for at least three days.
Our NJ handgun possession defense lawyers are incredibly effective in securing pretrial release despite the delay posed by a Motion to Detain. We can secure release in almost all cases absent an extremely poor criminal record or history of non-appearance.
Graves Act Waivers for GA Gun Owners
New Jersey requires every individual convicted for possession of a handgun without a carry permit to be sentenced to prison absent a Graves Act Waiver. This means that a prosecutor is prohibited from making a plea offer that does not include prison unless they have secured a waiver approved by both the county prosecutor and the court.
The Attorney General has adopted special guidelines for issuing Graves Act Waivers to out-of-state residents who bring handguns into the state, for example, someone from Georgia. There are several specific factors that must be examined to determine whether a waiver should be granted:
- There was minimum exposure to New Jersey residents
- The Defendant is a law-abiding citizen from another state,
- The presence of the gun was disclosed,
- The weapon was surrendered by the owner,
- Lack of knowledge that possession was illegal
The defense team at Marshall Criminal Defense has a healthy history of obtaining Graves Waivers for GA residents and others who unlawfully possess a handgun. Jason Seidman, a former Gun Task Force Director, or another attorney at the firm, is well equipped to help you obtain a waiver so that you can obtain Pretrial Intervention, a probationary plea, or some other resolution that avoids incarceration.
How Our Experienced NJ Handgun Attorneys Can Help You
Handgun possession cases are an area of criminal defense where experience is extremely important. Whether it’s the capacity to pinpoint a potential search issue, craft a mitigation package, or convincingly present your defenses at trial, there is no substitute for the skill that is derived over years of handling handgun cases in courts throughout New Jersey.
Our attorneys use their exceptional knowledge and experience to help you in numerous areas, including:
- Search and Seizure. The police are required to have probable cause or consent to conduct a search of a car, house, or another area where there is a reasonable expectation of privacy. If they fail to comply with the requirements of the law by conducting an improper search, they violate the 4th Amendment, and the evidence discovered (e.g., a firearm or drugs) is inadmissible to prove a criminal charge. The evidence is referred to as “fruit of the poisonous tree,” and must be suppressed. This means the illegally acquired evidence must be eliminated from use in court, resulting in dismissal of the offense in most instances. Our lawyers are adept at flushing out ripe search and seizure issues and persuasively presenting suppression motions to allow our clients to escape conviction when a handgun is brought into New Jersey from Georgia or another state.
- Miranda Rights. The police are required to Mirandize someone whenever the individual is going to be subjected to custodial interrogation (i.e., an interrogation where the individual is not free to leave). If they fail to adhere to this requirement and conduct an interrogation without Miranda Warnings, any incriminating statements or conduct that is provided thereafter cannot be used in a handgun case. A savvy lawyer at our firm will focus on precisely when the police encounter turned into an interrogation and work to preclude the use of any statements provided after that point, such as an admission concerning the presence of the gun in question.
- Graves Act Waiver. Your attorney will have to secure a Graves Act Waiver in order for you to avoid a prison sentence in your unlawful possession of a handgun case. Our team knows how to secure Graves Act Waivers, having not only served as prosecutors in charge of gun cases in New Jersey, but also as defense attorneys who have successfully represented defendants from states like GA in avoiding prison in illegal handgun cases.
- Pretrial Intervention. NJ has a diversionary program called Pretrial Intervention, or PTI, that allows a defendant to avoid imprisonment (and even a criminal record altogether) if they complete a limited period (e.g., one year) of probation. You can rely on our knowledge in evaluating applications as prosecutors and presenting thousands of these applications in private practice to know that you will have the best chance of obtaining PTI in an out-of-state handgun case.
- Trial. If all other efforts fail in securing a dismissal or pretrial release, your case will proceed to trial. While many lawyers may represent those accused of unlawful possession of a handgun, it’s imperative that they have trial experience in the event your case goes to trial. The attorneys at the Law Offices of Jonathan F. Marshall have tried countless gun cases over the last three decades. With our attorneys, you can rest assured that we have the ability to see your case through trial.
To discuss these and other potential issues in your GA handgun matter with a highly accomplished defense lawyer, call 877-328-0980 anytime 24/7. One of the lawyers at our firm will give you the time you need in a free initial consultation and counsel you on the best course of action to escape conviction and/or penalties for unlawful possession of a GA handgun in NJ.
Frequently Asked Questions
1. Can You Drive Through New Jersey With A Georgia Handgun?
Technically, you can drive through New Jersey with a Georgia handgun, but you must comply with NJ transport laws. Specifically, the gun must be stored unloaded, in a case, bag, or other enclosure that is outside of the passenger compartment of the vehicle. The ammunition must be contained in a separate compartment from the weapon or another part of the vehicle as well. As long as you meet the aforementioned transportation requirements, you may transport your Georgia handgun through New Jersey to another state where it would be legal to possess.
2. Is There Reciprocity for a GA Handgun License in New Jersey?
No, you cannot possess a handgun outside of the home in NJ unless you have a NJ permit to carry or are properly transporting the gun to or from a gun range, gunsmith, or from the place of purchase to your home. A Georgia handgun license has no impact whatsoever when it comes to avoiding a charge for unlawful possession of a handgun. There is no reciprocity in NJ for your GA firearm rights.
3. Can I Get a Graves Act Waiver so I Can Avoid Prison for Possession of a GA Handgun in NJ?
There are narrow circumstances in which an individual charged with unlawful possession of a handgun can obtain a Graves Act Waiver. Because of this, it is important to have an experienced defense attorney who is familiar with obtaining Graves Act Waivers. Generally speaking, your attorney will need to show the following to obtain a Graves Act Waiver:
- The handgun is legal in Georgia
- The handgun was unloaded
- The handgun was being used in a lawful manner
- You disclosed the presence of the handgun
- You are not disqualified from possessing the handgun (e.g., not mentally barred)
- You were unaware that your possession of the firearm was illegal in NJ
