Disclosure Requirements for Concealed Carry Permit Holders in New Jersey
Mandatory Duty to Inform Law Enforcement of a Weapon in NJ
What Does New Jersey Law Say about the Duty to Disclose a Firearm?
N.J.S.A. 2C:58-4.4(b) requires that anyone stopped by the police while carrying a handgun in public or in their car to disclose to the officer that they are holding a gun on their person or in their vehicle. They must also show their handgun carry permit to the officer. Failing to disclose a weapon is a fourth degree crime, and failing to display a handgun carry permit is a disorderly persons offense unless it is a second violation. Then, it is a fourth degree crime.
Penalties for Concealed Carry Disclosure Violations in New Jersey
A carry disclosure violation can cost you a lengthy prison stay and thousands of dollars. A fourth degree criminal conviction carries a prison sentence of up to 18 months, including a possible $10,000.00 fine. A disorderly persons offense subjects an offender to six months in jail and a $1,000.00 fine. It is also a fourth degree crime to violate N.J.S.A. 2C:58-4.4(c), which requires an individual with a handgun carry permit to turn over their handgun to an officer investigating a crime so the officer can inspect it.
Duty to Inform while Driving in NJ
When the police stop you for a traffic violation, you must immediately tell the officer that you are carrying a gun and show them your permit. Even if the unloaded weapon is in a fastened enclosure, like a gun lockbox, you still must disclose that the gun is in the vehicle. And if law enforcement stops you in furtherance of a criminal investigation, you must give your handgun to the officer if they ask to look at it. Otherwise, you face an arrest and possible incarceration for breaking the law.
If you are simply driving through New Jersey on your way to another destination, you need to know the state’s and federal laws on transporting weapons. Make sure if you plan to drive with your firearm that it is unloaded; it is stored apart from the ammunition; it is in a locked compartment; and it is inaccessible to the driver and passengers during the drive. For a New Jersey resident who owns a firearm and is not planning to concealed carry, driving to and from certain lawful locations such as your home and place of business is legal if you follow transportation requirements.
Don’t Have a New Jersey CCW Permit?
When law enforcement catches you carrying a firearm without a permit or with an out-of-state permit, you may face charges for the illegal possession of a handgun, a second degree crime, even if you disclose your firearm to an officer. So, you can reveal your weapon to avoid the disclosure violation, but that will not let you off the hook for the permit violation. Second degree criminal convictions carry a five-to-ten-year prison sentence and a potential $150,000.00 fine. You must be aware of the carry permit requirements in New Jersey before you enter the state.
If you know you are traveling to New Jersey with a concealed weapon, you need to know that you cannot carry your firearm without a New Jersey permit to carry a concealed weapon. Non-residents in New Jersey must apply for a carry permit, the same as any other New Jersey resident. However, once an out-of-state individual establishes residency in New Jersey, they may carry a legally acquired weapon from their home state in New Jersey after applying and getting approved for a carry permit.
Don’t Get Caught Unaware of NJ Weapons Disclosure and Permitting Laws
You certainly do not want to be arrested in New Jersey, unaware of the concealed carry and permit laws. Ignorance of the law is not considered an acceptable defense for breaking it. As such, you should only carry a weapon if you know you are compliant. Otherwise, you will need the services of a talented New Jersey gun lawyer such as ours at The Tormey Law Firm, should you find yourself in handcuffs on your way to the county jail for booking.
Convictions for gun crimes in NJ come with lengthy sentences and are often subject to the Graves Act, which means a mandatory prison term before becoming eligible for parole. Unless your attorney can persuade a prosecutor and judge to waive the conditions of the Graves Act, you could be incarcerated for a minimum of 42 months. With a Graves Act Waiver, you may be able to avoid spending as much or any time incarcerated. You may get probation or entrance into the Pretrial Intervention Program, rather than spending your sentence behind bars.
Do not hesitate to get the assistance you need if you find yourself ensnared in the NJ criminal justice system due to a weapons charge. Call our New Jersey gun attorneys for help defending against your gun disclosure, permit, or possession-related offenses. It may mean the difference between incarceration or not, but, more importantly, our legal team can bring you peace of mind with sound guidance and aggressive advocacy while protecting your rights. Contact (201) 614-2474 for a free consultation or reach out to us via our convenient form to set it up.