Essex County Gun Lawyers
Local Weapons Attorneys with Offices in Newark, New Jersey
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. You may have been charged with a criminal weapons offense, which requires adjudication in the Criminal Division of the Essex County Superior Court. 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:
- Gun Charges Newark NJ
- Illegal Handgun possession charges in Essex County
- Possession of Mace Essex County
- Shotgun Charges in Essex County Court
- Possession of Stun Gun Charges in Newark Airport
Here is a review from one of the many satisfied clients of the Tormey Law Firm:
“Respectful. Attentive. Professional.”
Posted by Adam
“I had never been in trouble with the law up until a few months ago. Although, not the most severe of crimes I was still worried of the potential ramifications (eg. possibly losing my job, unable to acquire a new position, embarrassment, etc.). Tormey Law Firm treated me with respect from the moment I spoke with him on the phone and was direct and concise on the possible outcomes and how we would proceed with the case. I was in a bind and they really helped me a lot! Particularly, Christopher Perry, he dealt specifically with my case and answered all of my one-million questions with patience and a smile. I could not be happier with the outcome. Thank you once again!”
Arrested for a Gun Charge in Essex County NJ?
If you or a loved one has been arrested for illegal gun possession in Essex County NJ, we can help. Typically, these are 2nd degree felony charges punishable by 5-10 years in prison. As a result, these charges are usually done on a warrant (as opposed to a summons) and the defendant will be taken to the Essex County jail. Then, a Judge will review their bail within 24-48 hours. At this bail review hearing one of two things will happen:
- The Judge will release the Defendant with a court date and reporting conditions
- The Essex County Prosecutor’s Office will move for detention asking the Judge to hold the defendant while the case is going on. If this happens, the defendant will be detained and a detention hearing will be held within 5 days.
Detention Hearing on a Gun Charge at the Essex County Court
At a detention hearing, the Essex County Prosecutor will argue that the defendant should remain in jail while the case is going on while the defense attorney will argue for the defendant’s release. Prior to the hearing, the Essex County probation department will create a Public Safety Assessment (known as a “PSA”) which will grade the defendant on a scale of 1-6 where 1 is the lowest number and 6 is the highest number for two main issues: The risk that the defendant fails to appear in court and the risk that the defendant is involved in new criminal activity. For example, a 1/1 is the lowest and best grade that a defendant can score on this risk assessment scale.
Some of the factors that will be considered for the Risk assessment scale include:
- Age of the defendant
- Current violent offense
- Other pending criminal charges
- Prior disorderly persons (misdemeanor) convictions
- Prior indictable (felony) convictions
- Prior violent convictions
- Prior failure to appear in court last 2 years
- Prior failure to appear in court over 2 years ago
- Prior sentence to jail time (14 days or more)
- Defendant currently on probation
- Defendant currently on parole
- Any domestic violence restraining orders
- Any prior juvenile delinquency
The Judge, the prosecutor and the defense attorney will all be provided with the PSA and probation will make a recommendation to the Judge if the defendant should be released and, if so, what kind of pre-trial monitoring should be placed on them. The Judge is not bound by this recommendation but will take that into account along with the arguments of counsel.
Prior to the detention hearing, our experienced gun lawyers will typically submit a package to the Judge and prosecutor with any mitigating information trying to show the Court that the defendant is not a flight risk, has ties to the community, and should be released with conditions. These conditions can include phone reporting, in-person reporting, home detention, a bracelet, a curfew, etc. Some of the items we typically include in our detention package include the following:
- Employment records
- Character references
- Proof of legal purchase of weapon in home state (if applicable)
- Travel documents (why defendant was in NJ, if not a resident here)
Once the package is submitted, the State will make their arguments to the Judge and the defense will make their arguments and then the Judge will make a ruling. If the defendant is detained, he or she will receive jail credit for the time served when the case is ultimately resolved.
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 Superior Court Criminal Division
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 include:
- Unlawful possession of a weapon – N.J.S.A. 2C:39-5
- Possession of a weapon for an unlawful purpose – N.J.S.A. 2C: 39-4
- Unlawful Possession of a BB Gun, Airsoft Gun, or Pellet Gun – N.J.S.A. 2C:39-5(b)
- Unlawful Disposition of a Firearm – N.J.S.A. 2C:39-9
- Certain Persons Not to Possess Weapons – N.J.S.A. 2C:39-7
For additional information related to the Essex County Superior Court, Criminal Division access this page.
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 on Restraining Order Case – Can I get them back?
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.
Applying for 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 at Bulletholenj.com 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 New Jersey weapons attorneys is available to immediately assist you.