Atlantic County Firearms Attorneys

Gun Defense Lawyers in Atlantic City, New Jersey

New Jersey’s gun regulations can be complex and difficult for even an otherwise law-abiding person to navigate. If you are facing a weapons charge in Atlantic County, New Jersey, you are facing the potential of serious fines and mandatory jail time. It is critical that you equip yourself with an experienced and skilled Atlantic County gun lawyer who can review the charges against you, analyze the facts of your case to determine what defenses, if any, may apply to your case, gather the appropriate evidence to support your defense, and then work with the prosecution to get the charges against you dismissed, substantially reduced, advocate for your participation in a diversionary program, or fight the charges at trial. The experienced weapons attorneys at the Tormey Law Firm are ready to help, as we fight for clients charged with guns and weapons offenses throughout Atlantic County, including in in Absecon, Egg Harbor, Hamilton, Atlantic City, and Galloway. Contact our offices now for a free initial consultation at (201)-614-2474.

If you live in Atlantic County and you are interested in legally obtaining a handgun, rifle, or shotgun, gun laws in New Jersey control all aspects of owning firearms: from buying, transporting, possessing and discharging guns. Although an individual can attempt to navigate the statutes, regulations, and local ordinances alone, it is a good idea to discuss your gun related issues with an experienced attorney who is familiar with New Jersey’s firearms laws. For example, if you were involved in a domestic dispute and a gun was involved, the Atlantic County Prosecutor’s Office may not only seize all of your firearms and your firearms identification purchaser card, but it may also charge you with criminal offenses that could result in jail time. On the other hand, if you live in Atlantic County and you are interested in legally purchasing a firearm, you will need to complete an application accurately and comprehensively, and submit it to the appropriate authorities. In either situation, the firearms attorneys at the Tormey Law firm are available to assist you. To speak with one of our knowledgeable and seasoned NJ gun attorneys about your weapons and firearms related issues in Atlantic County, please contact our office today to set up a free consultation.

Here is a review from one of our extremely satisfied clients:

Rifa – 5 stars

“I recommend The Tormey Law Firm. It was a pleasure working with Alyssa and Louis Keleher. They both are professional, knowledgeable and straightforward people and made a difficult situation easier to navigate. I’m truly glad and grateful for all their help and support.
If you need representation, this firm is the way to go!”

How do Weapons Charges Occur in Atlantic County?

The New Jersey statutes include all weapons offenses you can be charged with. Certain charges are more common than others. The more common gun laws include Unlawful Possession of a Weapon, Possession of a weapon for an unlawful purpose, possession of a prohibited weapon, Certain Persons Not to Possess Weapons, Unlawful Possession of BB gun, Airsoft gun, or Pellet gun, and Unlawful Disposition of a Firearm. For instance, prosecutors and police officers have the authority to classify anything capable of inflicting injury as a weapon under certain circumstances. This means that you could potentially face a weapons charge for possessing a baseball bat without a baseball glove, under the wrong circumstances, such as intending to use it to break into a car or a residence, or perhaps to harm someone else. If something is used as a weapon or possessed with unlawful intent, you can count on being charged with a weapons offense.

In addition, possessing a prohibited gun or weapon means that you possess a weapon that falls into one of the five categories of prohibited weapons. These include destructive devices, automatic machine guns, sawed-off shotguns, defaced weapons, and certain other items or weapons. If you have a weapon that is not prohibited, but you do not possess it legally, or you possess it legally but for an unlawful purpose, you can also be charged with separate crimes.

Moreover, we have represented a number of clients over the years who were arrested and charged with illegal gun possession in a casino in Atlantic City, NJ. Unfortunately, these out of state residents who have their legally purchased firearms with them are not licensed to carry their weapons in New Jersey and they are arrested for same. The typical charge is a 2nd degree unlawful possession of a handgun which is a serious felony charge in NJ punishable by 5-10 years in prison and there is a presumption of jail time even if this is your first offense.

Pre-Trial Detention, Bail, & Release for Atlantic County Firearms and Weapons Offenses

If you have been arrested and charged with a gun or weapon crime in Atlantic County, the judge will set bail. First, the prosecutor will either consent to your release or move for detention and ask the judge to hold you in jail while the case is pending. If they move for detention, a hearing will be held usually within 5 days of your bail review. At the hearing, the Judge will consider all of the circumstances including the following to determine if you will be held without bail or released with certain conditions:

• Seriousness of the charges
• Circumstances of the alleged offense
• Any prior criminal history, arrests
• Defendant’s ties to the community
• Defendant’s risk of flight
• Defendant’s risk to commit another offense, danger to the community

New Jersey has done away with cash bail so the Judge will impose conditions on a defendant if they are released such as:

• Check in with probation by phone
• Check in with probation in person
• Forfeiture of passport
• Ankle bracelet monitoring
• Curfew
• House arrest

The Graves Act in Atlantic County Gun Cases

If you are convicted of a gun-related crime, the potential consequences are severe. You could be subject to the Graves Act. If you are convicted of unlawful possession of a firearm, possession of a firearm while committing a drug crime, or possession of a prohibited weapon, such as a sawed-off shotgun or a defaced firearm, you can be subject to the Graves Act at sentencing. The Graves Act requires mandatory minimum sentencing on all weapons charges, requiring one-third to one-half or 42 months of a sentence to be served (whichever is greater) unless charged with a fourth degree offense. 

ATLANTIC COUNTY CRIMINAL COURT

The New Jersey Superior Court, Atlantic County Criminal Division will be the court that will hear any gun related offenses brought against you by the Atlantic County Prosecutor’s office. The Criminal Division is located at the Atlantic County Criminal Courts Complex, 4997 Unami Blvd., Mays Landing, NJ 08330, is open from Mondays through Fridays from 8:30 a.m. to 4:30 p.m. and can be contacted at 609-909-8154. For more information regarding the Atlantic County Superior Court Criminal Division, click here. The Presiding Criminal Judge of Atlantic County is the Honorable Bernard E. DeLury, P.J.Cr. and the Criminal Division Manager is Jill Houck who can be contacted at 609-909-8216. If you have to travel to the Atlantic County Court, Criminal Division, click here for directions.

ATLANTIC COUNTY PROSECUTOR’S OFFICE

The Atlantic County Prosecutor’s office files firearms and weapons charges that occur within its jurisdiction. Their office is located at 4997 Unami Blvd., Suite 2, Mays Landing, NJ 08330, phone: 609-909-7802. For more information on the Atlantic County Prosecutor’s office click here.

ATLANTIC COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT

The Atlantic County Prosecutor’s Office’s Domestic Violence Unit is responsible for handling firearms forfeitures. That is, if your guns were seized in connection with a domestic violence incident, the Domestic Violence Unit will conduct an investigation to assess the appropriateness of returning your weapons. To learn more about the Atlantic County Prosecutor’s Office Domestic Violence Unit, click here.

Applying for a Gun Permit in Atlantic County, NJ

Not only has the process for acquiring a gun in New Jersey been changed in recent history, but so have their weapons laws in general. New Jersey distinguishes between two categories of firearms you can purchase: the handgun and other weapons considered firearms, such as rifles, shotguns, BB guns, air guns, and similar firearms. If you are a resident of Atlantic County, you can apply for a firearms purchaser identification card or a permit to purchase a handgun at your local police department or submit your application to the Chief of the New Jersey State Police. For information about each of the municipalities in Atlantic County and their associated police departments, click here.

To begin the process, you must first apply to your local police department with a fingerprinted background check, a mental health records check, and an application that includes a host of other personal information. Suppose the police department allows you to purchase. In that case, they will issue you either a Firearm Purchaser Identification Card, used to buy rifles, shotguns and non-handgun firearms, or a Handgun Purchaser Permit, used to purchase handguns. As it relates to handgun purchaser permits, these expire every ninety days. Additionally, you can only purchase one handgun every thirty days unless an exception applies. Also, one permit to buy a handgun must be obtained for each individual handgun that the individual seeks to purchase. In other words, if you wish to buy another handgun, you must apply for another permit. To learn more about the gun permit application process, visit our Gun Permit Process in NJ page.

Notably, if you obtain a permit to buy a firearm, this does not mean you can legally carry it. For that, you will need a handgun carry permit. The good news is, it is now easier to obtain a handgun carry permit than it was previously since the state was forced to remove the justifiable need requirement for issuing carry permits. Learn more about carry permit requirements, processes, and procedures on our dedicated page.

I applied for a Gun Permit in Atlantic County and it was denied, What can I do?

You can appeal. The appeal must be filed in writing within 30 days of your denial. There are many reasons why a local police department may deny your application including:

• Criminal history, arrests
• Domestic violence, restraining orders
• Mental health treatment, counseling
• Drug and alcohol addiction concerns
• Public safety and welfare

The good news is that you can fight the denial in court before a judge at a hearing. Your skilled attorney can attack the reasons for the denial and try to convince the judge that the appeal should be granted and you should be given a gun permit in New Jersey. Our skilled attorneys have handled numerous gun permit appeals throughout the State for clients with tremendous results. Contact us anytime for a free consultation.

PLACES TO SHOOT AND/OR PURCHASE FIREARMS IN ATLANTIC COUNTY

If you’re interested in visiting a shooting range or purchase a rifle, shotgun or handgun in Atlantic County, visit one of the following locations:

• Atlantic County Firearms Training Center, 175 Betsy Scull Rd, Egg Harbor Township, NJ 08234
  Phone: 609 926-3491
• Lady Liberty Gunsmithing, 121 N Laclede Pl, Atlantic City, NJ 08401, Phone: 609-348-1900
• Hutton Hill Rifle and Revolver, Bairdmore Ave. & RR Tracks, Winslow, NJ 08095, (609) 926-1400

For additional assistance regarding firearms issues in Atlantic County, contact our offices now at (201)-614-2474.