The state of New Jersey has some of the strictest laws regarding guns in the country. The courts work hard to hold those who violate these laws responsible for their actions. This is done through certain consequences such as prison time and a period of ineligibility of parole. If you were charged with a gun crime, continue reading below and contact an experienced Mercer County criminal defense lawyer.
What Are the Gun Laws in New Jersey?
Individuals in New Jersey who want to purchase a pistol must have a permit. If they want to carry their gun, concealed or not, a separate permit is required. It is important to note there is a mandatory waiting period of 30 days for residents and 45 days for non-residents to obtain a handgun.
What is a Gun Crime?
Unlawful possession of a handgun is a crime in New Jersey. The state classifies this as a second-degree criminal offense. Offenders can face a prison sentence between five and 10 years. These offenses also violate the Graves Act, meaning the individual must serve a minimum imprisonment before becoming eligible for parole.
It is also against the law to be in possession of certain types of guns. In New Jersey, this includes rifles, Airsoft guns, shotguns, paintball guns, or BB guns. Offenders can face three to five years in state prison. Unlawful possession of illegal weapons outside of these is considered a fourth-degree crime and can result in up to 18 months in prison.
Who Cannot Own a Gun?
The Second Amendment of the Constitution gives citizens the right to bear arms. However, New Jersey has certain regulations about who is allowed to own a gun. The following individuals cannot have a firearm in New Jersey:
- Those convicted of aggravated assault, arson, burglary, extortion, homicide, kidnapping, robbery, sexual assault
- Those committed for mental disorders unless there is satisfactory proof they no longer suffer from a disorder that handicaps them from handling a firearm
- Those convicted of the unlawful use, possession, or sale of controlled dangerous substances
- Minors under the age of 18
- Those who are drug dependent
- Those who have physical defects that make them unsafe to handle a firearm
If you have any further questions about the gun laws in New Jersey, or if you need a seasoned legal advocate in your corner, look no further than the Law Office of Douglas Herring. Our firm is here to fight for you today.