Defendant Argues for Pretrial Intervention in Morris County Weapons Offense Case
In an unlawful possession of a handgun case in Morris County, New Jersey, the defendant is requesting that he be admitted into Pretrial Intervention (PTI) over the county prosecutor’s objection. The defendant was attending a rare coin show in Parsippany, New Jersey in 2016 when a handgun in his pocket accidentally discharged. A fragment of the bullet struck another man at the event. Since the defendant did not have a carry permit for the handgun, he was charged with the unlawful possession of a weapon and recklessly causing bodily injury. The defendant then applied for PTI and was approved at the preliminary level by court staff. However, the Morris County Prosecutor’s Office ultimately would not agree to PTI.
According to the defendant’s attorney, he lawfully purchased the handgun in 1986 but did not realize he needed a permit to have the gun at the coin show, where he was selling coins. Pursuant to New Jersey gun laws, it is lawful to possess a firearm at one’s home or place of business. In fact, N.J.S.A. 2C:39-6(e) sets forth that the unlawful possession of firearms law shall not be construed to prevent a person from keeping or carrying about his place of business, residence, premises, or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified by law, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair.
If the defendant in the Parsippany NJ handgun possession case is not accepted to PTI, then he faces the potential consequences of a second degree crime. Pursuant to N.J.S.A. 2C:39-5(b), any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry, is guilty of a crime of the second degree. Moreover, the Graves Act, codified in N.J.S.A. 2C:43-6, imposes a mandatory minimum sentence of five years in prison for those convicted of the unlawful possession of a handgun, with three years of parole ineligibility. The only exception to avoid the mandatory term of imprisonment and parole ineligibility is to have the prosecutor submit a Graves Act waiver.
Defendant fights for PTI in Parsippany Handgun Possession Case
Handgun cases can have severe consequences. That’s why it is important to have an experienced weapons defense attorney defending you if you are charged with the unlawful possession of a weapon or possession of a weapon for an unlawful purpose. The handgun defense lawyers at the Tormey Law Firm have successfully handled firearm cases throughout New Jersey and they are ready to defend you if you have been charged with a weapons offense in New Jersey.