Arrested with a Gun in New Jersey? Criminal Defense Lawyers Who Fight Gun Charges
New Jersey gun offenses result in minimal probation opportunities, and defendants must serve mandatory minimum prison sentences, which produce extended penalties that impact their ability to work and obtain credit. A conviction leads to extended prison time and a permanent firearm ban. It also results in a felony conviction that remains on your record.
The prosecution begins opposing bail for defendants before their cases go to trial, while they seek pre-trial detention and request stringent release conditions. The success of a plan depends on when its different elements are executed. The outcome of firearms cases depends on specific elements, including who possessed the weapon, what their intentions were, and whether any applicable exemptions apply.
You must be able to locate an attorney who specializes in firearms defense. Early legal intervention can protect your rights. An experienced attorney will protect clients from illegal police searches and work to influence prosecutors’ charging decisions to secure the best possible outcome.
Your Rights After a Gun Arrest in New Jersey
Your case can be affected by your actions during and after the investigation begins. You have an absolute right to stay silent. You are not required to answer any questions about the firearm, how it got there, where you were going, or whether you knew it was illegal. The State accepts any explanation that seems harmless to build their case, regardless of insufficient proof. Your statements to the authorities will become evidence which can be used to prosecute you even when you speak out of fear or confusion or your desire to “clear things up”. You also have the right to an attorney, and you should request one immediately. The police must halt all questioning activities when you invoke your right to be silent and request to speak with your attorney. Do not answer further questions unless your lawyer is present. The police need your authorization to perform searches of your vehicle, your bags, and your body. You maintain the right to refuse permission even when police officers try to force you into consenting to the search or threaten you with negative consequences for your refusal. Stay calm and never argue with police officers. Be polite and concise.
Common Gun Charges in New Jersey: Understanding Your Criminal Exposure
The starting point for prosecutors is often unlawful possession of a weapon, frequently a second degree crime. The law at N.J.S.A. 2C:39-5(b) requires a five- to ten-year state prison sentence and includes a mandatory prison term that makes probation unlikely, even for those with no criminal history. The weapons charge appears by itself in most instances. The prosecution adds new charges which focus on crimes involving ammunition and accessory-related offenses. Possession of hollow-point or hollow-nose bullets can be charged as a fourth-degree crime, as can possession of large capacity magazines that hold more than ten rounds. These offenses are separate from the handgun charge. The duration of prison time depends on the number of counts in a case, regardless of whether someone obtained their ammunition or magazine legally. The State’s accusations about dangerous behavior during gun arrests trigger an immediate escalation of the situation.
The prosecution will file second-degree weapon possession charges under N.J.S.A. 2C:39-4 when they establish two conditions: the defendant used their firearm to threaten someone, or they pointed the weapon at someone, or they used the weapon to scare another person. The case contains three possible charges based on the evidence which include second-degree aggravated assault and third-degree terroristic threats. The defendant faces increased risk because of these criminal allegations.
Penalties for Gun Possession in NJ: Graves Act & Mandatory Minimums
The speed at which criminal exposure for gun-related offenses increases depends on the seriousness of the charges. The court has established a sentencing range for second-degree crimes that spans from five years to ten years. The Criminal Code treats these offenses as its most dangerous non-homicide crimes which usually result in prison time instead of light punishment. The state prison system imposes three to five years of incarceration along with a $15,000 fine for third-degree crimes. The law establishes that fourth-degree crimes result in maximum penalties which include eighteen months of imprisonment together with a $10,000 fine. A person who receives a fourth-degree conviction will face jail time along with obtaining a permanent criminal record.
The Graves Act establishes rules for multiple gun-related crimes which modify the entire process of prison term determination. The court needs to establish a minimum prison sentence through the Graves Act when it makes this application. The defendant becomes ineligible for parole during this time frame. The judicial system provides judges with restricted freedom to make decisions because they cannot reduce the mandatory minimum sentence amount which good conduct does not affect. Financial penalties can also leave you bankrupt. The maximum fine for second-degree offenses reaches $150,000 but this amount does not include court expenses and additional penalties which the law specifies.
A gun arrest in New Jersey leads to severe penalties which continue to affect individuals throughout their entire life. The framework demands lawyers to exercise maximum care when handling firearms cases beginning at the first stage of legal proceedings.
| Offense | Degree | Prison Sentence | Fine | Graves Act |
|---|---|---|---|---|
| Unlawful Possession of a Handgun | 2nd Degree | 5-10 years | Up to $150,000 | Yes |
| Certain Persons Not to Possess Weapons | 2nd Degree | 5-10 years | Up to $150,000 | Yes |
| Possession of a Weapon for Unlawful Purpose | 2nd Degree | 5-10 years | Up to $150,000 | Yes |
| Aggravated Assault with a Firearm | 2nd Degree | 5-10 years | Up to $150,000 | No |
| Unlawful Possession of Rifle/Shotgun | 3rd Degree | 3-5 years | Up to $15,000 | Yes |
| Terroristic Threats (with weapon) | 3rd Degree | 3-5 years | Up to $15,000 | No |
| Possession of Hollow-Point Ammunition | 4th Degree | Up to 18 months | Up to $10,000 | No |
| Possession of High-Capacity Magazine | 4th Degree | Up to 18 months | Up to $10,000 | No |
Pre-Trial Detention Hearings for New Jersey Gun Charges
The prosecution tends to request pre-trial detention for firearms defendants who face handgun-related charges or when they make threats against others or when they pose any risk to public safety. The judge evaluates if you are a flight risk. Whether your release would pose a danger to the community and your prior criminal history are also taken into account. The court evaluates both the specific charges which the defendant faces and all details which led to their arrest.
The prosecution in gun cases typically supports detention by claiming that having a gun serves as sufficient reason for police to hold someone. An attorney who has experience in defense work will fight against the State’s evidence by showing that release conditions provide sufficient protection for all involved parties. The court can establish various conditions which include GPS tracking and travel limitations, as well as weapon surrender and scheduled judicial appearances.
Does Legal Gun Ownership in Another State Protect You in NJ?
People commonly believe that paperwork following a gun arrest will automatically fix their situation. The existence of documentation does not protect people from receiving legal penalties. The defense needs to obtain particular categories of documents for their advantage. The weapon’s origin can be verified through receipts which prove legal acquisition and New Jersey or other state-issued firearm documents.
The possession of a legally acquired gun which follows all registration requirements and follows gun laws in other states will still result in felony charges in this jurisdiction. New Jersey generally does not recognize carry permits issued by other states. Someone who uses an out-of-state license which remains valid will still face arrest and prosecution. The courts of New Jersey maintain a policy to reject all requests for possession which stem from permits that other states have granted. Learn more about out-of-state guns in New Jersey.
Challenging Illegal Searches: Suppressing Gun Evidence in Court
The 4th Amendment search-and-seizure protections have specific rules which must be followed because any violation will make the recovered firearm unusable in court proceedings. The police need to have a valid reason to stop vehicles because they can only do so when someone breaks a traffic rule or when they have enough specific details that indicate criminal behavior. The attorney will review all available evidence which includes dashcam footage and body camera video. Police reports and dispatch logs can also establish if the traffic stop had proper authorization. A firearm discovery becomes eligible for suppression when police make an illegal stop of a person. The State must show that any search of a vehicle, person, or container was legally justified. The defense will challenge the officer’s claims of consent because they need to prove that the consent was not given freely. The attorney needs to check the warrant process to establish if there was sufficient evidence to make it legally valid.
The prosecution must prove that the firearm was operable or readily capable of being made operable. Law enforcement agencies create an operability report, which serves as the main document for this process. Defense counsel will review the report to identify potential flaws in the testing procedures, and they will challenge the testing methods and evaluate if the weapon operated according to the statutory requirements. A weapon that fails to operate properly will not fulfill the required elements for establishing a criminal offense. Read more about challenging probable cause in traffic stops.
Graves Act Waiver: Avoiding Mandatory Prison Time for Gun Offenses
The Graves Act waiver of New Jersey serves as a legal option which enables defendants to avoid prison sentences when they face specific gun-related offenses. The Graves Act requires judges to impose mandatory minimum sentences which include parole ineligibility for all firearm offenses. The court has authority to decrease prison sentences through a waiver which results in shorter prison terms or sometimes alternative sentences to prison. The State needs to approve any request for a Graves Act waiver to move forward. The defense attorney needs to follow correct procedures to ask for the waiver while showing the prosecutor that the case qualifies for mandatory sentencing relief. The prosecutor needs to approve the waiver but this does not guarantee the waiver will be granted. The judge will decide on the request based on his evaluation of all evidence which he will accept or deny. A judge will grant a waiver when the defendant maintains a spotless criminal history which includes no previous violent crimes or weapon-related offenses.
The prosecution should consider that no threatening or violent conduct occurred during the time of his arrest. The defendant benefits from his strong community connections and his stable work situation and his commitment to his family. The defense team can show the case as a single incident instead of a threat to public safety through law enforcement cooperation which occurs under proper counsel management.
Pre-Trial Intervention (PTI) for First-Time Gun Offenders in New Jersey
This program serves as a court-ordered alternative to traditional criminal proceedings. The Pre-trial Intervention program of New Jersey operates to provide first-time offenders of third or fourth degree crimes with a chance to avoid permanent criminal records. When someone is accepted into PTI and successfully completes the program, the criminal charges are dismissed. In many cases, the person later becomes eligible to have the record expunged. PTI serves first-time offenders who have committed a single mistake which judges as an individual incident instead of continuous criminal conduct.
The program does not provide automatic access to PTI. The admission process requires multiple factors which need evaluation for decision-making. The prosecutor needs to verify the waiver before it can take effect. The evaluation process includes three main factors which are the offense characteristics and criminal history and details from the time of arrest. The prosecution is frequently reticient with gun cases which include handgun charges. PTI functions as a defensive measure which protects particular firearms offenses when defense lawyers successfully demonstrate sufficient evidence to safeguard their clients.
There is an especially important caveat when PTI is offered on a second-degree gun charge. Unlike lower-degree offenses, PTI for a second-degree weapons charge requires the defendant to enter a guilty plea before being admitted into the program. For those who are not American citizens, this situation could lead to deportation procedures and it could produce enduring problems which would affect federal immigration regulations. Non-citizens need to seek advice from an immigration attorney who specializes in immigration law before they accept PTI in any gun-related case which includes a second-degree offense.
Types of Firearms Offenses We Defend
- Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5) – The most common gun charge in New Jersey, involving handguns, rifles, or shotguns without a valid permit
- Possession of Hollow-Point Ammunition – Fourth-degree offense for possessing hollow-point or hollow-nose bullets outside limited exemptions
- Possession of High-Capacity Magazines – Illegal possession of magazines holding more than 10 rounds
- Certain Persons Not to Possess Weapons (N.J.S.A. 2C:39-7) – Enhanced charges for individuals with prior felony convictions, domestic violence orders, or specific mental health commitments
- Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4) – Second-degree charge when firearms are possessed with intent to use unlawfully against another person
- Unlawful Transfer or Sale of Firearms – Selling, giving, or transferring firearms without proper licensing and background checks
- Possession of Firearms by Juveniles – Serious charges for minors found in possession of firearms
- Aggravated Assault with a Firearm – Second-degree crime when a weapon is pointed at someone, used to threaten, or discharged
- Terroristic Threats Involving Weapons – Third-degree charges for making threats while possessing a firearm
- Possession of Weapons in Prohibited Locations – Criminal charges for possessing firearms in government buildings, airports, or other restricted areas
Regardless of the specific firearms offense you’re facing, early intervention by an experienced gun defense attorney is critical. Each charge requires a tailored defense strategy based on the unique circumstances of your case, available exemptions, and potential weaknesses in the prosecution’s evidence.
Frequently Asked Questions About Gun Arrests in New Jersey
FAQ: What should I do if I’m arrested with a gun in NJ?
Invoke the right to remain silent, request an attorney, don’t consent to searches.
FAQ: Am I going to jail for a gun charge in New Jersey?
You are facing potential jail time. Whether you actually go to jail depends on the degree of charges, your prior criminal history, the strength of evidence against you, and the defense strategies available in your case.
FAQ: Is unlawful possession of a weapon a felony in NJ?
Yes, it’s a 2nd degree indictable offense with 5-10 years’ imprisonment.
FAQ: Can I get PTI for a gun charge in New Jersey?
Possible but difficult for 2nd degree charges; requires prosecutor consent and a guilty plea, which can have immigration consequences for non-citizens.
FAQ: What is the Graves Act in NJ?
Mandates minimum prison sentences for certain gun crimes; waivers are possible with prosecutor’s consent.
FAQ: What if my gun was legally purchased in another state?
Out-of-state permits are not recognized in NJ; you can still face charges.
FAQ: Can evidence be thrown out in my gun case?
Yes, if there were constitutional violations in the stop, search, or seizure.
Contact an Experienced New Jersey Gun Defense Attorney Today
If you’ve been arrested with a gun in New Jersey, time is critical. Your attorney needs to begin building your defense immediately—protecting your rights during police questioning, challenging illegal searches, fighting for bail at detention hearings, and negotiating for Graves Act waivers or PTI admission.
An experienced firearms defense lawyer understands New Jersey’s complex gun laws, mandatory minimum sentencing requirements, and the strategies prosecutors use to secure convictions. We know how to suppress illegally obtained evidence, identify weaknesses in the State’s case, and pursue the best possible outcome, whether that’s charge reduction, case dismissal, or alternative sentencing options.
For non-citizens, the stakes are even higher. Gun convictions—especially second-degree offenses—can trigger deportation proceedings and permanently affect your immigration status. You need an attorney who understands both criminal defense and immigration consequences.
Don’t wait to protect your future. Contact The Tormey Law Firm today at (201)-614-2474 for a free and confidential consultation with an experienced New Jersey gun defense lawyer who will fight aggressively to defend your rights and freedom.