Florida Man Arrested with Guns on Amtrak Train

An out-of-state resident from Florida was charged in Mercer County and in Essex County for committing a series of criminal acts related to the unlawful possession of weapons, weapons accessories, and for being a certain person having possession of a weapon due to prior criminal conviction. This individual was subject to criminal charges in different counties while he was traveling on a train from Essex County (Newark) to Mercer County (Trenton). The charges that this individual is facing are significant. For the second-degree crimes of being a certain person under NJSA 2C:39-7(b)(1), being in unlawful possession of an assault firearm under NJSA 2C:39-5(f), and being in unlawful possession of a handgun under NJSA 2C:39-5(b), this individual is facing a prison term of up to ten (10) years in state prison and facing a period of mandatory parole ineligibility of three and a half (3 ½) years. Aside from possessory offenses, this individual is charged with the separate offense for being in possession of a firearm for an unlawful purpose under NJSA 2C:39-4(a), a crime of the second degree which can be charged even if the firearm would have been lawful to otherwise possess in the first place. This individual is also charged with a series of other possessory weapon offenses under NJSA 2C:39-3(j) by being in possession of a large capacity magazine which holds more than ten (10) rounds of ammunition which is also a felony offense punishable by up to eighteen (18) months in state prison. These are criminal offenses for being in possession of accessories to firearms and can result in criminal charges even if you are not in possession of any weapons at all. This individual was charged in multiple counties, namely Mercer and in Essex. The items belonging to this individual were found in Essex County and the accused was apprehended in Mercer County. With respect to transporting firearms or weapons on a train, it can be done legally notwithstanding what this individual is being charged with. For other law-abiding citizens, whether residents of New Jersey or not, any weapons one transports on a train must be in a checked bag, not a carry-on bag. In addition, the firearm must be cased, unloaded, and ammunition stored separately. Here is a link for more information on what can and cannot be transported on a train such as Amtrak and how to safely transport them.

His defense attorney might try to file a motion to consolidate these charges because essentially he is charged for the same thing in two different counties (Essex and Mercer). These charges should all really be prosecuted together by one county prosecutor’s office.

There are a series of rules and regulations one must follow with Amtrak when transporting firearms, including having to check your bag at least thirty (30) minutes prior to departure. Here is a link with further information. While not an exhaustive list of restrictions, this can act as a starting point for any travelers who travel by train and wish to transport their firearms. If you are in doubt, contact the station directly for further guidance to ensure you are following the laws when traveling or transporting weapons on a train. It is important to also remember that certain items can be lawfully possessed and transported if certain prerequisites are met and it is important to follow the protocol prior to transportation. The difference between following the law and being in violation of the law can rest upon how the item was stored and transported rather than being in possession of the item itself. Also, if you know you cannot own a weapon due to your criminal history, it is equally vital to clear your record by the There are certain types of individuals who are prohibited from possessing firearms in the State of New Jersey, such as individuals who have been convicted of criminal felonies, even if the felony conviction took place outside of New Jersey. Bear in mind that it is not about the actual sentence imposed, or how long ago the conviction took place. If you were convicted of a crime in another state, and the maximum sentence you could have been sentenced to exceeds one (1) year in jail, then you are considered a felon by New Jersey law, even if the felony is called a misdemeanor in the state of conviction. So, as it relates to this individual, because of his prior criminal conviction in Florida, he is barred from possessing a firearm in New Jersey, and being in possession of a firearm in New Jersey, regardless of the circumstances, will subject you to additional charges even if the firearm would have been lawful to possess otherwise. If you are charged with possession of firearms or weapons in New Jersey, the penalties you face are severe. All weapon offense charges are considered felonies or indictable offenses, meaning you face going to State Prison for years if convicted and some offenses carry with it MANDATORY sentences, meaning you have to serve a period of time before you are eligible for applying for parole and some offenses carry with it the prospect of facing mandatory sentencing that carries with it the possibility of serving sentences which are consecutive rather than concurrent. This means that, for instance, if you are convicted of two offenses, and both carry with it serving a mandatory minimum, you would serve both sentences back-to-back rather than serve them at the same time, which means having to serve a longer sentence in State prison. So, if you are a felon, don’t possess guns in New Jersey, for if you do, you face additional charges beyond the weapons possession offense based on your status as a convicted felon which means serving more time in prison before being eligible for parole and a longer time you lose your freedom. If charged with a weapons offense, especially as someone who is already a felon, it is imperative to protect your rights and have someone speak for you on your behalf who knows how to navigate the legal system and can help you handle serious charges.