Middlesex County Gun Lawyers

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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.

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:

• 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

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.