Arrested for a Gun in my Car NJ
Pulled Over with a Gun in My Car in New Jersey
If you have been pulled over and arrested for a handgun, shotgun, rifle, BB gun, high-capacity magazines, or another type of firearm or weapon in your car on New Jersey’s many roadways, it is of the utmost importance to seek trusted legal guidance and representation from a weapons defense lawyer who can review all of the facts and evidence in your case and determine the best approach to defending you. Over seasoned attorneys have over 60 years of experience handling guns and weapons cases across the state of NJ and we are prepared to protect your rights and your innocence. We have helped hundreds of clients successfully gain admission into the Pretrial Intervention Program (PTI) for gun possession charges, many of whom were arrested while driving with a gun. To speak with one of our criminal defense lawyers free of charge about your arrest for a weapon in your vehicle in New Jersey, contact us 24/7 online or by calling (201) 614-2474.
Top Reasons People Get Arrested for Firearms in Vehicles in NJ
The bottom line is, you need a gun permit obtained in New Jersey to possess a gun in the state. New Jersey residents must obtain the appropriate permits to buy and keep firearms and failure to do so is a crime. Additionally, people from out of state often find themselves arrested for a gun while visiting. This is highly common because New Jersey law does not acknowledge gun permits from anywhere else in the country. This often leads visitors to bring their guns in their cars to New Jersey without storing them properly and following the strict criteria for how to secure a weapon in a vehicle. For example, people are pulled over and then charged with a gun from another state that they put in their glove compartment or had in the trunk still containing the ammunition.
Essentially, if you have a license to carry or possess a gun from Florida, Georgia, Texas, or another state with more open gun laws, you can and may be arrested for bringing that gun to New Jersey unless you abide by the extremely strict rules on how to keep the gun in your car during your travels and you do not make any unreasonable deviations in transport during your route. If you do have a valid permit from another state, have never been arrested before, and did not know you were in violation of New Jersey law, an experienced attorney such as those on our team can often secure your enrollment in a diversionary program called Pre-trial Intervention.
In fact, the NJ Attorney General Issued a Directive allowing for this as an option for out of state residents under the right circumstances. Learn about the factors considered when out of state gun owners unwittingly find themselves violating NJ gun laws and may have PTI as an option in this detailed explanation of the Graves Act Clarification. If you gain admission and successfully complete PTI, the original gun charge is dismissed and you can avoid a conviction on your criminal record.
If you are a New Jersey resident who has a gun but doesn’t have the right permit, you may be charged with unlawful possession of a weapon if police find a gun in your car. This is a second degree indictable offense, which carries between 5 and 10 years of incarceration for those convicted. It is also a Graves Act offense, meaning you are facing a mandatory minimum term of imprisonment before reaching parole eligibility. If it is your first offense, our lawyers may be able to secure a Graves Act waiver to get around the mandatory minimum sentencing. In that way, we can convince the prosecutor to approve Pre-Trial Intervention or a probation sentence, rather than prison.
How to Handle Being Stopped by Police with a Gun in Your Vehicle
If a police officer pulls you over and you know there is a firearm in your vehicle, you must immediately make them aware that a gun is present and tell them its exact location. Keep in mind, if they have probable cause to believe your car contains contraband (an illegal weapon) or evidence of a crime, they do not have to obtain a warrant to search it without your consent. Make sure in any situation that you maintain a safe distance from the gun and comply with what the officer asks of you. If you have documentation to show you have the right permit for the firearm, be sure to provide it when asked. If you don’t, remain calm. Remember that this situation could only get worse if it escalates.
Consequences of Being Charged with a Weapon in Your Car
The most frequent charges filed against people who have their handguns, ammunition, rifles, prohibited weapons, or other weapons seized during traffic stops is unlawful possession of a weapon, violating N.J.S.A. 2C:39-5. For these offenses, the degree of the crime and severity of the consequences depending on the type of weapon involved. An illegal handgun possession charge carries 5 to 10 years in prison, while rifles, shotguns, air guns, and BB guns carry from 3 to 5 years of prison time. On the other hand, assault weapons are second degree crimes and are outlawed in New Jersey, warranting up to a decade of incarceration for those convicted.
If you were arrested for other items, such as prohibited weapons and devices, this may lead to a fourth degree or third degree crime. The weapon decides the degree of the charge and the penalties include up to 18 months in prison for a fourth degree and up to 5 years for a third degree. Keep in mind, if police seize multiple items from your car during the investigation, such as high-capacity magazines or hollow-nose bullets, as well as a firearm, then you could face compounded charges and punishments for multiple crimes.
Ways to Defend Your Case After Police Took Your Gun or Another Weapon from Your Vehicle
Depending on the circumstances of your arrest, the gun or weapon-related charge can be resolved in a number of ways. For out of state residents with valid permits from elsewhere, Pre-trial Intervention may be an option. If you have a New Jersey permit and were just transporting the gun the wrong way, there may be some leeway to negotiate for a downgrading of the charges. And even if you have an illegal firearm in your car, there are many defense strategies that may be used to get critical evidence excluded, such as an unlawful search.
Under the legal doctrine of “fruit of the poisonous tree,” if evidence is obtained in violation of an individual’s 4th amendment rights against unreasonable search and seizure, then any evidence obtained as a result of that search is inadmissible. There are only certain exceptions that let law enforcement search a car without consent. If they have a valid reason to suspect evidence of illegal activity or contraband is in the vehicle, they may search it without consent. Also, if you are already being arrested, then the search incident to arrest exception applies and the officers can search the vehicle to preserve their safety. However, many times, illegal searches can lead to suppression motions in court where an attorney can argue that the evidence seized cannot be used against you. Not having the gun that was found to prove their case can handicap the prosecution, ensure they can’t meet their burden, and ultimately get the charges dismissed.
Similarly, police must have a reasonable basis to conduct the motor vehicle stop in the first place. If a weapon was found in a defendant’s car after an illegal police stop, then evidence of the weapon would be not admissible and the defendant’s lawyer can motion the court to suppress it. Our gun lawyers often use this approach for challenging and winning weapons cases against our clients.
Talk to our Distinguished Firearm Defense Attorneys if You Face Charges for a Gun in Your Car in NJ
If you have been arrested for unlawful possession after police found a gun in your car or another weapons charge involving being pulled over by police, contact our New Jersey Gun Lawyers immediately to discuss your case and find out your legal options. We have helped clients charged with guns in every county in the state and we know what can be done to resolve your case in the best way possible. Whether your motor vehicle stop, search, and subsequent arrest were unlawful is best determined by an attorney who knows the law inside and out. We will thoroughly investigate the circumstances of your gun arrest to identify constitutional violations that may lead to dismissed charges. You are most likely anxious about what happens next. We understand and can help ease your worries in the steps that are to come. Call (201) 614-2474 to speak with a knowledgeable firearms lawyer in NJ. We provide consultations at no cost to you.