Hudson County Gun Lawyers
Seasoned Weapons Attorneys in Jersey City, New Jersey
If you find yourself facing a gun-related issue in Hudson County, New Jersey, chances are you are wondering where to begin, what to do next, and how to achieve your desired outcome. You may have been charged with a criminal weapons offense for a handgun, a prohibited weapon, committing a crime in possession of a firearm, or another weapons charge which requires you to appear in the Criminal Division of the Hudson County Superior Court. Or perhaps authorities confiscated your weapons in connection with an alleged domestic violence incident. You may need to address this matter with the Hudson 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 Hudson County, only to find out that it was denied. If you choose to seek an appeal, your hearing will be held in the Hudson County Superior Court in Jersey City. The potential circumstances surrounding your gun matter are highly variable; however, a knowledgeable New Jersey weapons attorney can help you to successfully address any of these matters. At The Tormey Law Firm, that’s where we come in. With a team of seasoned 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 wide range of gun-related matters for clients in Hudson County and throughout New Jersey. We frequently represent clients in Hudson County guns and weapons cases, including in Bayonne, Hoboken, Secaucus, Weehawken, Union City, and North Bergen. To discuss your current circumstances and find the answers you need to move forward, contact our offices at (201)-614-2474 for a cost-free consultation.
Here is an example of a Hudson County NJ gun charge the Tormey Law Firm recently handled: Third Degree Transport of Assault Firearms.
Here is a review from one of the many satisfied clients of the Tormey Law Firm:
“Respectful. Attentive. Professional.”
5.0 stars
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!”
What Leads to Weapons Charges in Hudson County, New Jersey
New Jersey broadly addresses firearms, weapons, and crimes involving weapons in a vast array of laws. Accordingly, people who face weapons charges in Hudson County are accused of many different offenses. In some cases, the weapon itself is illegal, such as a sawed-off shotgun or a ghost gun resulting in arrest. In other situations, the person charged possesses the weapon illegally. This is very common in cases involving firearms without the proper permits. Since Hudson County is a major transportation hub with multiple busy cities like Jersey City and Hoboken, unsuspecting visitors from out of state and locals who don’t know the constantly changing gun laws are often among those arrested.
Another issue affecting individuals in Hudson County towns like Secaucus and others is charges for using an everyday item in a manner that makes it a criminal offense. For example, a glass can become a weapon when it is used for the purposes of causing another serious bodily injury. This may happen during a fight at a local bar or establishment and lead to charges for aggravated assault with a weapon. Other scenarios involve the use of a laser pointer to interfere with another’s ability to operate some form of transportation. Even using a toy gun to steal something from someone on the street can lead to serious charges and penalties.
The degree of the charges in a criminal case involving guns or weapons depends on the specific crime or crimes charged in a given case. Some of the most common weapons charges issued in Hudson 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
Depending on the weapon, the nature of the offense, the intended purpose of the actor, and the surrounding circumstances, defendants who must appear in the Superior Court in Jersey City may face charges for any degree of indictable offense. This means weapons cases may result in first degree, second degree, third degree, or fourth degree crimes. The most severe first degree crimes involve offenses like armed robbery or weapons trafficking. They also have the longest sentences to incarceration and the highest fines. Second degree crimes such as possession of a handgun without a permit are punishable by up to 10 years in prison and many are also governed by the Graves Act, which requires imposition of a minimum term before the defendant becomes eligible for parole. Third degree crimes such as illegally possessing a BB gun entail imprisonment consequences as well, specifically 3 to 5 years. Even the relatively less serious fourth degree charges for offenses like possession of hollow nose bullets can lead to incarceration for up to 18 months. In all weapons cases in Hudson County, fully exploring your defense options and what can be done to achieve the most favorable outcome is critical.
Here are a few of the examples of gun charges we have handed in Hudson County with fantastic success:
- Guttenberg Gun Charge Thrown Out on Illegal Search
- Third Degree Illegal Transport of Assault Weapons Results in PTI Admission
- PTI Program for Kearny Handgun Possession
Hudson County Superior Court Information
If you have been charged with a criminal weapons offense in Hudson County, you will be required to appear in the Hudson County Superior Court, Criminal Division. The Hudson County Superior Court is located at 583 Newark Ave, Jersey City, New Jersey, 07306. The main court office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. and can be reached at 201-748-4400. The Criminal Division can be reached at 201-748-4400 ext. 60170. For additional information about the court, access the Hudson County Superior Court website.
Bail Process for those Arrested for a Gun Charge in Hudson County
If you or a loved one has been arrested for illegal gun possession anywhere in Hudson County, the first step in the process is the Judge setting bail. In the vast majority of these cases, you will be arrested and charged on a warrant/complaint and taken to the Hudson County jail. Then, you bail will be reviewed within 48 hours and you will either be released or the Hudson County Prosecutor’s office will move for detention to try and have you held while the case is pending. In most of these cases, they move for detention. After that, a detention hearing will be scheduled usually within 5 days to determine if the Judge will release you on bail or hold you while the case is going on.
NOTE: New Jersey did away with cash bail so that is no longer a factor. The conditions of bail with be other things such as checking in by phone, in person, ankle bracelet, house arrest, etc.
At the detention hearing, the Judge will consider the charges against you (and their severity), any prior criminal history, ties to the community, flight risk, etc. If you have no prior record, you will be released on bail in most of these cases. You will need to report to probation every so often by phone or in person and remain arrest free during your bail release. If you have a prior record, the Judge will consider all of these factors when determining whether or not to release you.
After you are released or detained, the case will be scheduled for a pre-indictment conference to see if anything can be resolved and worked out in terms of a plea deal. If not, the case will proceed to indictment and then you will have an arraignment where your case essentially begins. The State will make a plea offer and your attorney will examine all of the State’s evidence to determine the strength or weakness of the case and if any motions can be filed to challenge the State’s evidence.
In the vast majority of these cases, the initial plea offer under the Graves Act is 5 years in prison, 42 months to be served before the defendant is eligible for parole. Your lawyer’s job is to fight these charges and try to get a Graves waiver to avoid prison time and maybe even a felony record if the gun charge can be thrown out on a motion or if you can be admitted into the Pre-Trial Intervention program for first time offenders.
Can I get PTI on my Hudson County gun charge?
Possibly, it depends on a number of circumstances including your prior criminal history (if any), if the weapon was legally purchased in NJ or another state, and where the weapon was located when it was seized by the police. A contributing factor is if the gun was loaded and if it was creating a danger to the police and to the public based on your possession of it.
Pre-Trial Intervention is usually reserved for lower level felony charges (3rd and 4th degree), not 2nd degree illegal gun possession cases. However, in some cases, the Prosecutor’s office will consider it. For example, if you are an out of state resident who legally purchased the gun and you were illegally transporting it through New Jersey, there is a possibility you can get PTI on your gun charge. However, you can’t even apply for PTI on a 2nd degree criminal charge unless you have the permission of the Hudson County Prosecutor’s office.
Hudson County Prosecutor’s Office
If you have been charged with a criminal weapons offense in Hudson County, your case will be prosecuted by a member of the Hudson County Prosecutor’s Office. The Hudson County Prosecutor’s Office is located at 595 Newark Avenue, Jersey City, New Jersey, 07306. The office can be reached via phone at 201-795-6400 or via email at hcpo@hcpo.org. For additional information, access the Hudson County Prosecutor’s Office’s website.
Hudson County Domestic Violence Unit
The Hudson 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.
My weapons were seized after Domestic Violence Incident – Can I get them back?
If your weapons were seized after a restraining order was filed in Hudson County, your weapons will be held by the Hudson County prosecutor’s office pending an investigation. If the TRO is dismissed, it does not mean the weapons are automatically returned to you. Upon receipt of your weapons and firearms permits, the Hudson County Prosecutor’s Office must determine whether or not to file a forfeiture action within 45 days. The forfeiture action is a formal request to obtain the title to the seized weapon, permanently remove the weapon(s) from your possession, and/or revoke your person’s permits, licenses, and authorizations to use, possess, or own a weapon. It is important to note that if the Hudson County Prosecutor’s Office fails to file a forfeiture action within the 45-day window, the weapons must be returned to you. Our attorneys often represent clients in weapons forfeiture hearings in Hudson County, where we fight tooth and nail to ensure that our clients’ Second Amendment rights are restored and their weapons returned to them.
Applying for a Gun Permit in Hudson County
If you are a resident of Hudson 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 each of the municipalities in Hudson County and their associated police departments, click here. To learn more about the gun permit application process, visit our Gun Permit Process in NJ page.
My gun permit application was denied in Hudson County, how do I appeal?
If you applied for a gun permit in Hudson County and your application was denied, we can help. You are entitled to request a hearing in the Hudson County Superior Court to have a Judge consider your appeal. This request must be made in writing within 30 days of the initial denial and must be served upon the Hudson County Prosecutor, the Superintendent of the New Jersey State Police, and the Chief of Police in the municipality in which you reside. The Court must then set a date for the appeal hearing, which must be held within 30 days of the receipt of your request.
We have represented hundreds of clients with gun permit appeals over the years with tremendous success. Contact our offices anytime for immediate assistance and a free initial consultation.
Shooting Ranges in Hudson County NJ
If you are searching for a shooting range in Hudson County, you have several options to choose from. For example, Long Shot Pistol and Rifle is located in Secaucus, while New Jersey Firearms Academy has a location in Jersey City. Keep in mind, you must legally transport your firearm to and from the shooting range in order to avoid being arrested. For instance, our weapons defense lawyers have successfully represented many clients who were arrested while driving with their weapon to one of the local shooting ranges. In fact, getting caught with a loaded gun in your car, or storing it in the wrong place like your glove compartment, can lead to serious criminal charges even if you legally own the weapon in question. If you find yourself in this situation in Jersey City, West New York, Bayonne, Kearny, Secaucus, Union City, or another Hudson County municipality, contact us right away to speak with an attorney who can assist you in protecting your rights throughout the legal process ahead.
For a free consultation regarding your gun-related issue in Hudson County, contact our law offices at (201)-614-2474 today. One of our highly knowledgeable New Jersey weapons attorneys is available to immediately assist you.