Floridian Woman Arrested in New Jersey for Carrying Loaded Handgun
Many out of state residents are arrested and charged with illegal guns in New Jersey because they are not complying with New Jersey’s strict gun laws. Here is one recent example of that.
A woman from Florida was recently arrested during a traffic stop when the police found a loaded handgun in her purse. The woman was initially stopped for having tinted windows and an obstructed view. While the woman was looking through her purse for her driver’s license, the officers noticed a concealed weapons permit and then a loaded handgun, which was loaded with hollow point bullets. Although the woman did in fact have a valid concealed carry permit issued by her home state for Florida, New Jersey’s strict gun laws require weapons to be stored unloaded and locked in the trunk regardless of whether the owner has a carry permit from another state. As a result, the woman was charged with the unlawful possession of a handgun and the possession of hollow point bullets. She was then released with a pending court date.
New Jersey’s handgun possession and transport laws are very strict. Pursuant to N.J.S.A. 2C:39-6, a handgun “shall be carried unloaded and contained in a closed and fastened case, gun box, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel, shall include only such deviations as are reasonably necessary under the circumstances.” Oftentimes, non-residents driving through New Jersey are arrested for having a loaded handgun in their car’s center console, glovebox, or purse, which is otherwise legal in their home state. However, at the end of the day, New Jersey does not honor carry permits from other states and it is unlawful to transport a loaded gun in a car in New Jersey. Thus, even if a handgun is possessed and carried legally in the home state, once the owner crosses state lines into New Jersey, that person is violating New Jersey’s gun laws.
Under the current New Jersey Criminal Code, any person charged with the unlawful possession of a handgun, regardless of the circumstances, is facing a second degree crime that subjects the defendant to 5-10 years in prison and up to a $150,000 fine. Moreover, the Graves Act imposes a mandatory minimum three-year sentence for anyone who is guilty of the unlawful possession of a firearm, regardless whether the firearm was used in the commission of a crime, and with no parole eligibility even if the defendant has no criminal history.
Florida Woman Charged with Unlawful Possession of Weapon for Allegedly Possessing Gun in Her Purse
Thus, if you have been charged with a firearms-related offense such as the unlawful possession of a handgun in New Jersey, call the experienced Newark weapons defense attorneys at the Tormey Law Firm to learn more about the unlawful possession of a weapon, handgun carry permits, the Graves Act, and how to fight a gun charge – especially if you were travelling through New Jersey with a gun that you had a carry permit for issued by your home state. Contact us today.