A Guide to Carrying a Gun on a Motorcycle in NJ

New Jersey Carrying a Gun on a Motorcycle Defense Attorneys

Skilled Defense Lawyers Safeguarding Your Rights After an Arrest for Illegal Possession of Firearm while Riding a Motorcycle in NJ

Facing Charges for Illegally Carrying a Gun on a Motorcycle in New Jersey You can take your firearm with you on your motorcycle in New Jersey, provided that you follow the laws about transporting guns. You must carry firearms unloaded and stowed where it is inaccessible to the driver or passenger. The ammunition should also be out of reach. Examples of inaccessible places are gun boxes, securely tied packages, and fastened cases. In a car, you have the option of a locked trunk, but on a motorcycle, you must rely on other storage compartments.

Dial (201)-614-2474 for legal assistance with your defense if you have been charged with unlawfully carrying a weapon on a motorcycle in Union County, Essex County, Ocean County, Somerset County, Middlesex County, Bergen County, or elsewhere in New Jersey. Our criminal defense attorneys at The Tormey Law Firm are prepared to defend you against the severe ramifications of gun charges in NJ. Get started with the guidance you need in a free consultation.

Regulations for Traveling on a Motorcycle with a Gun or Weapon in NJ

The gist of the safe transportation of firearms laws both on the state and federal levels are to ensure a loaded firearm is inaccessible to anyone in a moving vehicle. That means a truck, car, motorcycle, or any motor vehicle. If the gun is unloaded and stowed in a secured container, such as lockable bags, saddle bags, or backpacks with a fastened container, a motorcyclist will not have easy access to the firearm and can comply with N.J.S.A. 2C:39-6g. Additionally, anyone on a motorcycle must stay within their travel pathway to their destination. The law requires no unreasonable detours from travel.

Moreover, motorcyclists with concealed carry permits must have the gun on their persons when parked or locked away. However, you can carry an unloaded or locked-up gun into or out of an authorized parking area or in a locked lock box on the bike out of sight in a parking area. You can also carry a gun around your bike but only to retrieve it from or store it away in a lock box or motorcycle trunk. Finally, you can take a firearm from your bike in a parking lot to another authorized place to leave the parking lot, such as a shooting range.

What to do if You Get Stopped by Police with a Firearm on Your Motorcycle

If you are pulled over to the side of the road for a police stop, you must advise the officer that you have a weapon on the motorcycle. You must also provide permits for your guns when the officer asks. To be safe, turn off the bike and keep your hands visible as the officer approaches your motorcycle.

Arrested for Carrying a Gun on a Motorcycle in NJ, What am I Facing?

Violating N.J.S.A. 2C:39-9 governing the safe storage of firearms and ammunition within a vehicle is a fourth degree indictable crime. A conviction could mean up to 18 months in state prison and a $10,000.00 fine. Another possible crime arises from a vehicle police stop when you do not have a permit for your handgun. That is a second degree indictable crime of unlawful possession of a weapon and is punishable by a five to ten year prison term and a $150,000.00 fine. For rifles and shotguns, the penalty is three to five years in prison and a $15,000.00 fine for a third degree crime.

Some firearms are illegal in New Jersey, so when you have an assault firearm strapped to your bike, you may be in for a lengthy prison term for transporting a weapon illegally and having an illegal gun, which is a second degree crime when the weapon involved meets the definition of an assault weapon. Finally, you could face a sizable sentence for having a firearm when you are forbidden to have one. Certain persons in New Jersey are not allowed to possess a gun, such as felons and those subject to a restraining order, to name a few. You may be charged with a second degree indictable offense when you are a certain person not to have a gun.

Thus, when transporting a gun on a motorcycle, beware of the various laws you could be breaking and the penalties for doing so. You could be in prison for a long time, especially since New Jersey’s Graves Act, applicable to gun crimes, sets mandatory minimum sentences for gun offense convictions like unlawful possession of a handgun. That means no parole and no release from prison before serving a minimum portion of your sentence.

Advantages of Consulting a Motorcycle Gun Charge Defense Lawyer

Best Defense for Gun Possession on a Motorcycle in NJ Looking at multiple potentially lengthy sentences may make you panic. Though panicking is optional, consulting with a criminal defense lawyer well-versed in gun charges should not be. You need someone to review your case for mistakes and irregularities. For example, the police may have unlawfully searched you or bike without consent or probable cause. They may have stopped you without reasonable suspicion, meaning the motor vehicle stop itself violated your constitutional rights.

Our formidable criminal defense lawyers at The Tormey Law Firm can protect your rights against unlawful search and seizure as outlined in the U.S. Constitution’s Bill of Rights. This may mean filing a motion to suppress illegally obtained evidence, especially if it’s the weapon that gave rise to the charges against you. Once the judge grants a motion to suppress, they will not allow the state to present the evidence subject to the motion to the jury at a trial.

Sometimes, if you have no prior criminal record, our gun law attorneys can convince the prosecutor that you should be a candidate for a Graves Act Waiver. We may be able to secure probation in pre-trial meetings with the prosecution or even help you gain admission to the Pre-Trial Intervention Program. After reviewing all of the evidence, we can spell out the pros and cons of any action you take in your criminal case involving a gun charge or another weapon that you were arrested for while riding a motorcycle in New Jersey.

Contact Us to Defend Your Charges for Carrying a Gun on a Motorcycle in NJ

Going to prison and leaving with a criminal record can alter the rest of your life. You may not know whether you can avoid prison and a criminal record unless you talk to a gun defense lawyer at the Tormey Law Firm. Call (201)-614-2474 to speak with one of our criminal weapons defense attorneys now if you have been charged with illegally carrying a weapon on a motorcycle in Morris County, Hudson County, Monmouth County, Passaic County, or another county in NJ. We represent clients facing gun charges statewide.