Charged with Second Degree Unlawful Possession of Weapon in Morris County?
“Client hired us facing 2nd degree gun charge in the Morris County Court in Morristown. Avoided jail time and a felony record thanks to the PTI program.”
Do you need help with illegal gun possession charges in Morris County? The experienced firearms attorneys at the Tormey Law Firm LLC can help. Here is a real case we handled for a client in 2018 who was arrested and charged with 2nd degree unlawful possession of a handgun without a legal permit in Morristown, NJ, in violation of N.J.S.A. 2C:39-5(b)(1).
Our client was an 87 year-old man from Wilmington, North Carolina who had a legal carry permit from his home state but was found illegally in possession of his handgun in New Jersey. Unfortunately, New Jersey does not recognize out of State purchase permits or carry permits and you must be licensed to purchase and carry a firearm by New Jersey in order to do so in this state. The only exception is if you are traveling through the State and you have the weapon properly secured in the trunk of the vehicle, separate from the ammunition, and the weapon is in a locked gun case. Here, the client had his handgun in the main cabin of the vehicle so the traveling exception was not applicable.
Based on this serious offense, the client was facing 5 years in prison, 42 months of that prison sentence to be served before becoming eligible for parole under the Graves Act. Luckily, based on his lack of prior criminal history, his age, his military service, and his exemplary background and valid carry permit from North Carolina, we were able to obtain approval from the Morris County Prosecutor’s office to admit him into the first time offender program known as Pre-Trial Intervention (PTI). He was placed on probation for a period of two (2) years and his charges will be completely dismissed when he successfully completes that probationary period.
How do I apply for PTI and a Graves Act waiver?
In order to apply for PTI on a second degree gun charge in New Jersey, you must have permission from the prosecutor’s office. In addition, you must submit a mitigation package with your application to show why you are a good candidate for PTI which typically includes proof of legal purchase of the weapon, gun permit from home state, proof of employment, and character references. Then, you must pay a $75 application fee and be interviewed by a probation officer. Probation will then make a recommendation to the prosecutor’s office on whether or not you should be allowed to enter into the PTI program. Finally, it’s up to the prosecutor who has the final say about your PTI application. In these gun cases, the prosecutor usually needs approval from their bosses to resolve a gun case with a PTI admission. If the prosecutor refuses to admit you into PTI, you can appeal.
Apply for PTI on a Second Degree Gun Charge in Morris County, New Jersey
When he completes PTI, he will have no criminal record from this incident and he will serve no jail time. Then, he is eligible to expunge the arrest from his record as well, six months after he completes PTI. This was a great result for our client, his family, and the Tormey Law Firm.
If you or a loved one needs assistance with an illegal gun charge in Morris County, contact our Morristown offices anytime for a free initial consultation.