Essex County Guns and Weapons Attorneys

Local Gun Lawyers with Offices in Newark, New Jersey

Top Quality Gun Lawyers in Essex County NJ — Essex County Weapons Crime Defense

Whether you intend it or not, there are a variety of reasons why you may face a gun-related issue in Essex County, New Jersey. New Jersey is a state with some of the strictest gun laws in the nation and its regulations on firearms can be difficult for even well-intentioned and otherwise law-abiding individuals to navigate. You may have been charged with a criminal weapons offense, which requires adjudication in the Criminal Division of the Essex County Superior Court. It is critical for any person facing a weapons charge to understand the law, potential defenses, and the importance of obtaining experienced legal representation.

Or perhaps you were involved in a domestic violence incident, after which your weapons were seized. This may require some interaction with the Essex County Prosecutor’s Office’s Domestic Violence Unit. Or maybe you filed your application for a Permit to Purchase a Handgun, Firearms Purchaser Identification Card, or Permit to Carry a Handgun in Essex County, and it was denied. If you choose to seek an appeal, your hearing will be held in the Essex County Superior Court. There are countless potential scenarios, all of which have specific requirements and repercussions. Fortunately, an experienced New Jersey weapons attorney can help you to successfully address any of these matters. At The Tormey Law Firm, we do just that.

With a team of renowned criminal defense attorneys, former gun prosecutors, and a former member of the Morris County Prosecutor’s Office’s Weapons Forfeiture Unit, we have the knowledge and experience to achieve superior results in a myriad of gun-related matters for clients in Essex County and throughout New Jersey. To discuss your current situation with one of our highly knowledgeable NJ gun lawyers, contact our Newark law offices today at (201)614-2474 for a free initial consultation. We represent clients throughout Essex County including in Bloomfield, Montclair, West Orange, and South Orange.

Here are a few of the guns and weapons cases we have handled in Essex County over the last few years with fantastic results for our clients:

Here is a review from one of the many satisfied clients of the Tormey Law Firm:

“Gun charge in New Jersey”

5.0 stars

“Well where do I begin? I was arrested for a gun charge in the state of New Jersey. Anyone from here knows how serious a gun charge is especially with gun charges carrying a minimum sentence. Thank God I found Travis and his team. Travis handled my first call very professionally and assured me that I would be fine. Anyone who gets arrested knows how debilitating it is not knowing what the final outcome will be. However Travis and his colleague Brent DiMarco stayed by my side the whole time, and made sure I didn’t serve a single minute behind bars. They are an amazing group at the Tormey Firm and I couldn’t be happier with the results. The team gets an 11/10 in my book – Posted by Kevin

Weapons Crimes You May Be Charged with in Essex County NJ

If you have been charged with a criminal weapons offense in Essex County, you will be required to appear in the Essex County Superior Court, Criminal Division. Some of the most common weapons charges issued in Essex County involve illegally possessing a firearm or another weapon, possessing with the weapon with the intent to commit a crime, or using the weapon illegally.

Possessing a weapon without a permit is the most frequent circumstance leading to weapons charges in New Jersey. This charge can apply when an individual has a weapon in New Jersey without obtaining the required permit or license. For example, for each new handgun an individual purchases, they must obtain a permit for that particular gun. If they intend to carry their handgun, then they need a carry permit in order to do so. If you have a restricted weapon like a firearm in New Jersey without the required permits or in violation of New Jersey law, like having a weapon on school grounds or at a casino, you can be charged with crime. Even if you lawfully possess your weapon in your home state and travel into New Jersey, you may be charged with unlawful possession of a weapon if you do not have the necessary permit in New Jersey.

It is also important to note that New Jersey includes weapons like BB guns in the category of “firearms.” This leads to many charges for unlawful possession of a BB Gun, Airsoft Gun, or Pellet Gun. Although this charge is less severe than the same one when it involves a handgun, the penalties for a BB gun charge are still serious and include a term in prison if convicted. That is, unless you have a talented criminal defense lawyer working to get a better outcome in your case, whether it involves getting the charges reduced, enrolling you in the Pre-Trial Intervention Program, or fighting the case in pre-trial motions or at trial to secure a dismissal altogether.

On the other hand, a possession of a weapon for an unlawful purpose charge means having a weapon in your possession (on your person, in your bag, in your vehicle, in your home, or in your area of control) and intending to use it to commit a crime. This charge could be applied in a variety of circumstances including planning to use a weapon to assault someone or commit a robbery. Assault with a deadly weapon is a charge that may be applied if an individual uses a weapon to cause or attempt to cause harm to another individual. The weapon used could be a firearm, knife, or any other object that could cause fatal damage.

Another very common charge against New Jersey residents and visitors is improperly transporting a weapon. These charges can be applied even if an individual in New Jersey lawfully possesses a weapon, but if they transport it in violation of rules governing the manner in which the weapon can be transported either in a vehicle or even on their person. In New Jersey, weapons must be transported unloaded and secure with ammunition in a separate container. They must also be kept outside of the immediate access of the driver or passengers, for instance, locked in the trunk in the appropriate gun case.

Moreover, some people are charged with ammunition offenses. Illegal ammunition involves the possession, use, or distribution of a type of ammunition that is prohibited in New Jersey like hollow-point bullets or armor-piercing rounds. It could also mean having a magazine that exceeds the legal limit on capacity of rounds. New Jersey reduced the previous limit of 15 rounds per magazine to 10, which many people are still unaware of.

If you possess a weapon or device that is banned in New Jersey like silencers or sawed-off shotguns, you may be charged with possession of a prohibited weapon or device. This charge can apply regardless of whether you knew the weapon or device was banned in New Jersey. Lastly, if you are among the classes of people prohibited from possessing weapons and you are caught with one, you may face a certain persons not to possess weapons charge which could send you back to prison or spell your first time incarcerated.

Charged on a Warrant-Complaint for a Weapons Offense in Essex County

For many weapons charges issued in Essex County and throughout New Jersey, the charges are placed on a warrant-complaint. This means the person is arrested, processed at the local police station in the town where they were arrested, and taken to Essex County jail pending a bail review by a Judge. New Jersey law requires a judge to review your case and make a decision about bail within the first 24 to 48 hours after you are arrested. If the defendant is deemed not a flight risk or a risk to the community, they may be released on their own recognizance or released with certain conditions with which they must comply.

However, if the Essex County Prosecutor’s Office requests that the defendant continue to be held until the case concludes, there will be a detention hearing, where the judge will hear from both sides and decide what happens next. If a motion for detention is filed, then this hearing must be held within 5 days of the filing.

Detention Hearing on a Gun Charge at the Essex County Court

The goal of the Essex County Prosecutor at the detention hearing is to convince the judge to keep the defendant in jail. They may point to the results of the Public Safety Assessment (known as a “PSA”) performed by the Essex County probation department to argue that either the defendant will commit a new crime if released, will not show up to court at the next hearing if released, that their prior record shows a propensity for criminal activity, that the violence of their offense justifies holding them, or a combination of these depending on the individual’s PSA and their score. Other factors are also weighed, such as prior or current restraining orders against you. If your PSA score is a 1, that is the best case scenario. If it is a 6, that’s the worst case. The numbers gradually worsen from one to six and the higher the score, the more likely it is that the defendant will be remanded to jail while their case is pending.

The Essex County Probation Department provides their recommendation for release, release on conditions and which ones, or continued detention. This matters for the Judge’s decision but fortunately, so do the arguments made by the defendant’s criminal defense attorney. Clearly, having a knowledgeable and skilled weapons defense lawyer handling your detention hearing is imperative if you are seeking to be released pre-trial after being charged with a weapons crime.

Our team of dedicated lawyers prepares a comprehensive package that we provide to the Judge and the prosecutor showing you in the best light possible in order to secure your release during pre-trial detention proceedings. We argue the essentials of your good standing as a citizen, your propensity to appear in court whenever necessary, and other mitigating factors in your favor, such as your continued employment, people willing to provide references on your good character, records showing that you legally purchased and possess your weapon from another state (if this applies), details on your contributions to the community, and more. Our goal is to secure your release and if necessary, to obtain release from jail with certain terms like staying at home, reporting by phone or in person to a probation officer, electronic monitoring, or abiding by a curfew. Overall, our gun attorneys work tirelessly to get our clients out of jail so they can at least continue their lives while we work to build their defense strategy based on the facts and evidence.

Essex County Superior Court Information

The Essex County Superior Court is located at 50 W. Market St, Newark, New Jersey, 07102. The main court office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. and can be reached at (973) 776-9300. For additional information about the court, access the Essex County Superior Court website.

Essex County Prosecutor’s Office

If you have been charged with a criminal weapons offense in Essex County, your case will be prosecuted by a member of the Essex County Prosecutor’s Office. The Essex County Prosecutor’s Office is located at 50 West Market Street, Newark, New Jersey, 07102. The office can be reached at 973-621-4700. For additional information, access the Essex County Prosecutor’s Office’s website.

Essex County Domestic Violence Unit

The Essex County Prosecutor’s Office’s Domestic Violence unit is responsible for handling all weapons forfeiture matters that arise from domestic violence incidents. In other words, if your weapons were seized in connection with a domestic violence incident, this unit will conduct an investigation to assess the appropriateness of returning your weapons. They will also represent the State in weapons forfeiture hearings. The Essex County Prosecutor’s Office’s Domestic Violence can be reached directly at (973) 621-6488.

My Weapons Were Seized for an Essex County Restraining Order, What can I do?

If a final restraining order was issued, you are prohibited from owning or possessing firearms so you can’t get your weapons back that were seized. However, if the restraining order was dismissed, you are eligible to have your weapons returned. However, that doesn’t always happen. The Essex County Prosecutor’s office can move for forfeiture of your weapons and firearms ID card if they think you are a danger and should not possess the weapons. You have a right to an attorney and to challenge this forfeiture in the Essex County Superior Court. Call us anytime for assistance, we have assisted a number of satisfied clients getting their weapons returned after a restraining order was filed.

Seeking a Gun Permit in Essex County

If you are a resident of Essex County, you can apply for a gun permit at your local police department or submit your application to the Chief of the New Jersey State Police. For information about the police departments in each Essex County municipality, click here. To learn more about the gun permit application process, visit our Gun Permit Process in NJ page.

If you have applied for a gun permit with your local police department and were denied, you can appeal. We have handled numerous gun permit appeals for clients around New Jersey with tremendous results. But your time to appeal is limited, contact us immediately for assistance.

My gun permit application was denied in Essex County – How do I appeal?

If you applied for a gun permit in Essex County and it was denied, you must appeal in writing within 30 days. The appeal must be filed to the Essex County Prosecutor, the Superintendent of the NJ State police, and the Chief of Police in the town where you live. Then, an appeal hearing will usually be held in the Essex County Superior Court within 30 days of the filing of your appeal.

Shooting Ranges in Essex County NJ

If you are searching for a shooting range in Essex County, Bullet Hole Shooting Sports Range is a local range located at 78 Rutgers Street, Belleville, New Jersey, 07109. They can be reached directly at (973)-759-3968. You can also visit their website for additional information.

Frequently Asked Questions on Essex County NJ Gun Charges

FAQ: What am I facing on a 2nd degree illegal gun possession charge in Essex County? On a second degree crime in New Jersey, you are facing 5-10 years in NJ State prison and up to $150,000 in fines. In addition, there is a presumption of imprisonment, even for first time offenders. Finally, under the Graves Act which covers gun laws in New Jersey, you are subject to mandatory prison time and a period of parole ineligibility. For example, the typical plea offer we see, even for first time offenders, is 5 years in prison, 42 months to be served before becoming eligible for parole.

FAQ: Can I file a motion to suppress evidence on an illegal search? Absolutely. If a review of your discovery evidence reveals that the gun was illegally obtained by police, a motion to suppress can always be filed in court and heard by the Judge. If the motion is successful, the illegally seized evidence is suppressed and thrown out of court which usually results in the charges being dismissed. However, if the motion is not successful, it usually results in the plea offer being rescinded and additional jail time for the defendant.

For a free consultation regarding your gun-related issue in Essex County, contact our Newark law offices at (201)-614-2474 today. One of our highly knowledgeable Essex County weapons attorneys is available to immediately assist you.