Middlesex County Gun Lawyers

Skilled Weapons Defense Attorneys Near Me in New Brunswick, New Jersey

Middlesex County Gun Crime Attorneys The list of reasons why you may find yourself involved with a gun-related issue in Middlesex County, New Jersey is lengthy. You may have been charged with a criminal weapons offense, which requires you to appear in the Criminal Division of the Middlesex County Superior Court. Or perhaps you were accused of an act of domestic violence and authorities seized your weapons. You may need to address this matter with the Middlesex 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 Middlesex County, and it was denied. If you choose to seek an appeal, your hearing will be held in the Middlesex County Superior Court in New Brunswick. Clearly, the possible circumstances preceding your gun case are vast and varied; however, a knowledgeable attorney can help you to successfully resolve any of these matters. At The Tormey Law Firm, our highly skilled New Jersey weapons attorneys do just that. We represent clients throughout Middlesex County including in Old Bridge, Woodbridge, Edison, South Brunswick, Carteret, and New Brunswick.

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 Middlesex County and throughout New Jersey. 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 a review from one of the many satisfied clients of the Tormey Law Firm:

“Exceptional Lawyer”
5.0 stars

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“Travis Tormey is an outstanding attorney. He helped me tremendously, more so than I ever could have imagined. He handled all aspects of my case with compassion, respect, and immense competence. He is a skilled and knowledgeable lawyer who truly fights for his client’s best interest. I highly recommend Travis to anyone looking for a fantastic lawyer.”

Gun Laws You Should Know about in Middlesex County, New Jersey

With New Jersey’s ever-growing body of gun laws, more and more people are getting caught in the cross-hairs of the criminal justice system for firearms and weapons offenses. The state not only restricts who can buy, possess, and carry a firearm, but also how and where weapon may be possessed, the kinds of weapons that are allowed, and what they can be used for. As one might anticipate, this can lead to a multitude of misunderstandings and arrests due to lack of knowledge and the right information. Unfortunately, ignorance of the law is not considered a valid defense and New Jersey punishes even first offenders to the fullest extent of the law when guns and weapons charges are filed. Some of the most important aspects of NJ gun laws that you should be aware of include: buying restrictions, age restrictions, carry restrictions, illegal weapons and weapons components, transportation regulations, and homemade firearms.

Age Restrictions for Firearms

New Jersey mandates that only individuals who are legal adults, meaning 18 years old or older, may buy, have, or utilize firearms such as rifles, shotguns, and air guns. For handguns, gun dealers are prohibited from selling handguns to anyone under the age of 21. You may inherit a gun without purchasing it if you meet the 18-year-old requirement.

Restrictions on Buying Guns

If you want to purchase a firearm like a BB gun, shotgun, or rifle, and any associated ammunition, you must obtain a Firearms Purchaser Identification Card in New Jersey. Handgun purchasing requires a distinct permit, known as a Handgun Purchaser Permit, but both types of gun permits require extensive background and information about the applicant. Among the many requirements, you must be fingerprinted, complete the necessary forms, submit to background and mental health records checks, and provide references to substantiate your reputation and qualifications. You will need a separate permit if you intend to carry a handgun in New Jersey and you must be careful about where you bring your handgun. 

Carry Restrictions

There are many places where you cannot carry a handgun even if you have a concealed carry permit (CCW) issued by the state of New Jersey. Importantly, your carry permit from another state is not honored in New Jersey so you must apply for a carry permit in NJ if you want to carry your handgun in this state. Also, the state prohibits carrying in certain locations, such as hospitals and medical facilities, daycare centers, transportation hubs, schools, colleges, and universities, concert venues, public libraries, and many others. Familiarizing yourself with the list of sensitive places is crucial to avoid being arrested for illegally carrying your handgun in a prohibited place. Since Middlesex County has hundreds, if not thousands of these locations, including Rutgers University in New Brunswick, Robert Wood Johnson University Hospital, public libraries in virtually every town, parks, and bars and restaurants serving alcohol, the risks of being found illegally carrying or possessing a firearm are very high.

Travel Restrictions

If you have a firearm and you intend to transport it, you must follow strict guidelines in order to comply with the law. The weapon MUST be unloaded, stored in a locked case or container, kept separate from any ammunition, and must not be accessible to the driver of a vehicle or any of the vehicle’s occupants. In addition, transporting a gun is allowed between one’s home and place of business, to and from the gun range, and certain other lawful locations. The law only allows for reasonable deviations in transit, such as stopping off at a rest area to use the bathroom or driving to a nearby gas station to refuel. Unlawfully transporting firearms is a common cause for arrests and criminal prosecution. 

Illegal Firearms, Weapons, and Components

You must be aware that New Jersey bans anyone from possessing an assault firearm/assault weapon without a specific permit for this type of weapon. Over 50 firearms meet the criteria for assault weapons and any substantially identical weapons also fall under this umbrella. Also prohibited are ghost guns, often referred to as homemade guns or untraceable firearms. These are commonly purchased online and shipped to the purchasers, who can then build their own firearms with the components. These ghost guns are illegal under NJ law. Gun accessories like silencers and bump stocks are also illegal to possess under any circumstances. Additionally, magazines are limited to a capacity of 10 rounds and any high-capacity magazines that exceed the legal limit can lead to criminal charges.

Certain Persons Not to Possess Weapons

There are several scenarios where a person can be facing this type of charge including:

  • A prior criminal conviction (indictable/felony) such as aggravated assault, arson, burglary, kidnapping, robbery, etc.
  • A prior criminal conviction (misdemeanor/disorderly persons offense) involving domestic violence
  • Served with a temporary or final restraining order, prohibited from owning or possessing a gun
  • Committed for a mental health disorder or served with an extreme risk protection order

For a prior felony conviction, this is a second degree certain persons crime punishable by 5-10 years in prison. For a prior disorderly persons conviction for domestic violence or for a domestic violence restraining order, this is a third degree certain persons crime punishable by 3-5 years in prison. NOTE: These certain persons crimes are subject to the Graves Act because they are gun charges which requires mandatory prison time and parole ineligibility. The typical plea offers we see for a 2nd degree certain persons crime is 5 years in prison, 5 years without parole. Conversely, a third degree certain persons offense is usually 42 months with a 42 month period of parole ineligibility. You can still apply for a Graves Act waiver for these offenses to try to avoid these lengthy prison terms and receive a lower prison sentence or even probation.

Most Frequent Weapon and Gun Crimes in Middlesex County

If you are facing weapons charges in Middlesex County, you will be required to appear in the Middlesex County Superior Court, Criminal Division. Some of the most common weapons charges issued in Middlesex County include:

The accomplished Middlesex County weapons defense attorneys at The Tormey Law Firm have extensive experience defending clients charged with violating New Jersey guns and weapons laws. If you have been charged with a weapons offense in Middlesex County NJ, we can help protect your rights and preserve your interests. It is our purpose to deliver the most favorable result possible, whether it is achieved by way of a diversionary program, probation, lessened prison time, or getting the charges dismissed altogether. 

Middlesex County Superior Court Information

The Middlesex County Superior Court is located at 56 Paterson St, New Brunswick, New Jersey, 08903. The main court office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. and can be reached at (732)-645-4300. For additional information about the court, access the Middlesex County Superior Court website.

Middlesex County Prosecutor’s Office

If you have been charged with a criminal weapons offense in Middlesex County, your case will be prosecuted by a member of the Middlesex County Prosecutor’s Office. The Middlesex County Prosecutor’s Office is located at 25 Kirkpatrick Suite # 3, New Brunswick, New Jersey, 08901. The office can be reached at (732) 745-3300. For additional information, access the Middlesex County Prosecutor’s Office’s website.

Can I apply for PTI on my Middlesex County gun charge?

If you are facing a 2nd degree gun possession charge in Middlesex County, you can only apply for PTI with the prosecutor’s consent. For a third or fourth degree charge, you do not need the prosecutor’s consent to apply for PTI. However, for 2nd degree charges, you do.

Middlesex County Domestic Violence Unit

The Middlesex County Prosecutor’s Office’s Domestic Violence unit is responsible for handling the prosecution of domestic violence cases in criminal court and violations of restraining orders in Family Court. The unit also handles all weapons forfeiture matters that arise from domestic violence incidents. As such, 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.

Skilled New Brunswick Weapons Attorneys for Defense, Permits, and Gun Forfeiture Matters Weapons Seized based on Temporary Restraining Order Middlesex County NJ

If your guns were seized in Middlesex County after a temporary restraining order was issued against you, your guns are held by the Middlesex County Prosecutor’s office. If the temporary restraining order becomes a final restraining order, you are prohibited from owning or possessing firearms permanently. However, you may be able to negotiate the sale of your guns or their transfer to a family member. On the other hand, if the TRO was dismissed, you may be able to have your guns returned to you. However, this doesn’t automatically happen. The Prosecutor’s office has 45 days to move for forfeiture. If they do so, a forfeiture hearing will be scheduled within 45 days of their forfeiture action being filed. Our experienced weapons attorneys can represent you at this weapon forfeiture hearing in Middlesex County NJ. Contact us now for immediate assistance and a free initial consultation.

Applying for a Gun Permit in Middlesex County

If you are a resident of Middlesex 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 Middlesex 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.

Gun Permit Appeals Middlesex County NJ

If you applied for a gun permit in Middlesex County NJ and were denied, our legal team is fully prepared to help. You have the right to appeal that denial within 30 days. This appeal must be filed in writing to the Middlesex County Prosecutor’s Office, the NJ superintendent of state police, and the chief of police in the town where you live. Then, a gun permit appeal hearing will be scheduled in the Middlesex County Superior Court within 30 days of your appeal being filed. Our experienced gun permit appeal lawyers are available to represent you at your gun permit appeal hearing in Middlesex County. Contact us anytime for a free initial consultation.

Shooting Ranges and Gun Clubs in Middlesex County NJ

If you are searching for a shooting range or gun club in Middlesex County, you may choose from many options. For instance, Old Bridge Rifle and Pistol Club is a local range located on Maple Street in Old Bridge, New Jersey, 08857. Recoil Indoor Range is another range, located at 25 Mott Ave, Monroe Township, NJ 08831. You may also want to check out Lake Island Rifle & Pistol Club in Carteret.

For a free consultation regarding your gun-related issue in Middlesex 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.