NJ Juvenile Firearm Charges

Former Juvenile Division & Gun Task Force Prosecutors At Our Firm Are Ready To Defend Your New Jersey Handgun or Firearm Offense

A weapon charge is always a serious offense and this remains the case even if the suspect is under eighteen years of age (i.e. a minor).  While a juvenile can be charged with possession of a firearm by a minor under N.J.S.A. 2C:58-6.1 in a situation such as this, they may also face violations that also apply to adults, for example, unlawful possession of a handgun or possession of firearm for an unlawful purpose. These laws expose a juvenile to serious penalties following a firearm arrest, including juvenile detention and even the possibility of being waived up as an adult where they are exposed to the same penalties that apply to someone over 18. Hiring an experienced New Jersey weapons defense lawyer is an imperative whenever a child is charged with offenses as severe as a firearm violation.

What should be abundantly clear given the seriousness of these cases is the fact that an experienced defense lawyer is an absolute must for any family embroiled in a juvenile firearms case, especially when it involves a handgun possession. At the Law Offices of Jonathan F. Marshall we specialize in criminal defense and have excellent qualifications to defend your son or daughter, including:

  • 200 plus years of combined experience defending handgun and other weapon charges throughout the State of NJ
  • Former county prosecutors that have served as Director of the Juvenile Division, Gun Task Force and the entire Trial Division on our staff
  • Certified criminal trial attorneys (less than 2% licensed in the state hold this distinction)
  • A team of 10 lawyers whose work is dedicated exclusively to defending adults and juveniles accused of violating the law
  • Decades of favorable outcomes in firearm and other criminal cases

We represent juveniles found in possession of a handgun, shotgun, rifle, BB gun, pellet gun or other firearm throughout the state. If your minor child has been charged with firearm possession, an attorney at our firm is available 24/7 to assist you at 1-877-450-8301.

New Jersey Law: Possession of Firearms by a Minor

N.J.S.A. 2C:58-6.1 is the law in NJ governing purchase and possession of firearms by minors. This statute contains an absolute prohibition against juveniles purchasing or acquiring a firearm. This bar applies to all guns including a pistol, shotgun, rifle, assault weapon, airgun, handgun, or BB gun. Additionally, an individual under the age of twenty one (21) is prohibited from purchasing or acquiring a handgun except where he or she is a member of law enforcement. While these age groups are not permitted to purchase firearms or handguns, they may operate, possess, or use these weapons under the following circumstances:

  1. Where the individual is under supervision of a parent or guardian who holds a permit for the related handgun or firearm; or
  2. Where the individual is utilizing the firearm or handgun in conjunction with a military drill;
  3. Where the individual is operating the firearm or handgun at an approved firing range;
  4. Where the individual is hunting with a valid hunting license following completion of an approved hunter’s safety course.

Penalties for Possession of a Firearm by a Minor

Any juvenile charged with unlawful possession a firearm under N.J.S.A. 2C:58-6.1 is subject to a Fourth Degree crime.  Furthermore, under § 2A:4A-34(c)(2) a juvenile charged with delinquency for weapon possession must face a retention hearing where the court must decide whether or not to hold the minor in a juvenile facility pending the outcome of the case. If the juvenile case also involves possession of a firearm for unlawful purposes or unlawful possession of a handgun, then your son/daughter is further exposed to a Second Degree Crime. It is also possible for a juvenile to face a Third Degree Crime for possession of a firearm in a school. Since possession of a handgun or other firearm potentially involves a Fourth Degree, Third Degree, and even Second Degree crime,  a juvenile arrested for these charges can face lengthy incarceration.

Juvenile Firearm Attorneys in New Jersey

Since the law mandates that every juvenile be represented by an attorney, the real question facing a parent is who to hire. In this regard, we believe that the attorneys on our staff  pose an excellent option. The attorneys on our defense team would be happy to put their years of experience and success to work for your child. Our firm has offices located throughout NJ. Your child deserves the best opportunity to maintain his future and our defense lawyers are here to help. Contact the Law Offices of Jonathan F. Marshall now to speak to an accomplished NJ juvenile firearms lawyer immediately.