Morris County Gun Lawyers

Weapons Attorneys Near Me with Offices in Morristown, New Jersey

Morris County Gun Lawyer Needed There are a host of circumstances that may lead you to a gun-related issue in Morris County, New Jersey. You may have been charged with a criminal weapons offense, which requires adjudication in the Criminal Division of the Morris 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 Morris County Prosecutor’s Office’s Weapon Return 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 Morris County, and it was denied. If you choose to seek an appeal, your hearing will be held in the Morris County Superior Court. The scenarios are numerous and highly variable; however, a knowledgeable New Jersey weapons attorney can help you to successfully address any of these matters. At The Tormey Law Firm, we do just that. Our Morris County NJ firearms lawyers represent clients in Mount Olive, Denville, Dover, Jefferson Twp, Washington Twp., and Parsippany. Contact our offices today for a free initial consultation at (201)-614-2474.

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 Morris County and throughout New Jersey. To discuss your current situation and find the answers you need to move forward, contact our Morristown law offices at (201)-614-2474 today for a cost-free consultation with one of our skilled Morris County, NJ gun lawyers.

Morris County Superior Court Information

The Morris County Superior Court is located at 56 Washington Street, Morristown, New Jersey, 07960. 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) 656-4000. For additional information about the court, access the Morris County Superior Court website.

Gun Charge Attorneys Defending Weapons Crimes in Morris County, New Jersey

If you have been charged with a criminal weapons offense in Morris County, you will be required to appear in the Morris County Superior Court, Criminal Division. Some of the most common weapons charges issued in Morris County that we often handle include:

Unlawful possession of a weapon – N.J.S.A. 2C:39-5: You may not be using a gun to commit a crime, but you may have acquired a weapon illegally or possess the weapon without the proper permit. This is very common for people who come to New Jersey from other states and bring their firearm with them. It is also common for individuals who may not know that they need a permit for a firearm. Others are charged with unlawful possession of a handgun because they are carrying it illegally or transporting it unlawfully.
Possession of a weapon for an unlawful purpose – N.J.S.A. 2C: 39-4: You may legally own a firearm, meaning you have the proper permits, but you break the law if you use it illegally. For example, you can threaten someone with a legal handgun. That is the crime of possessing a weapon for an unlawful purpose, a second degree crime.
Unlawful Possession of a BB Gun, Airsoft Gun, or Pellet Gun – N.J.S.A. 2C:39-5(b): This is a very frequently charged third degree offense since many people do not know that BB guns and similar weapons are considered firearms in New Jersey.
Unlawful Disposition of a Firearm – N.J.S.A. 2C:39-9: This charge applies to many different types of conduct involving guns, such as illegally manufacturing, transporting, or defacement of firearms.
Certain Persons Not to Possess Weapons – N.J.S.A. 2C:39-7: Certain people are ineligible to have a gun under New Jersey state law. Those with criminal records involving felonies, or who are clinically diagnosed with mental illness requiring institutionalization, or a physical disability that makes gun ownership dangerous, or those subject to restraining orders or extreme risk protective orders, may not possess a gun. Certain persons disqualified from having firearms and other weapons may be charged with violations of this law.
Assault with a Deadly Weapon – N.J.S.A. 2C:12-1(b): Depending on the conduct involved, injuring or threatening to injure someone with a weapon, can lead to indictable felony charges.
Brandishing, Pointing or Waving a Weapon at Someone – N.J.S.A. 2C:12-1b(4): New Jersey considers this a fourth degree crime punishable by up to 18 months in state prison. The crime of brandishing a gun can occur despite the weapon never even firing.
Firearms and Weapons Trafficking: Only licensed firearms dealers can lawfully sell weapons. If you sell a firearm or other weapon without a Retail Firearms Dealer’s License, you may be charged with and found guilty of firearms and weapons trafficking, a first degree crime with the maximum punishments available under New Jersey state law. Sometimes, trafficking guns that crosses state lines results in federal gun charges.
Possession of a Prohibited Weapon or Device – N.J.S.A. 2C:39-3: this statute includes a lengthy list of illegal weapons, accessories, and similar items, including sawed-off shotguns, silencers, defaced firearms, various knives, stun guns, handcuffs, certain ammunition, and other deadly weapons. Possessing these prohibited weapons or devices is a crime of the third or fourth degree depending on the weapon, unless you are exempt, such as certain military personnel and retired officers, or fall into other exceptions described in 2C:39-3.

If you have been charged with one of the crimes above, or another weapons offense, your case will be handled by the Morris County Superior Court, Criminal Division. The presiding judge in the division is the Honorable Stephen J. Taylor, P.J.Cr. The division manager is Daniel J. Kenny. The division can be reached directly at 862-397-5700 ext. 75340.

Gun charges in New Jersey are extremely serious based on the Graves Act which requires mandatory prison time and parole ineligibility even for first time offenders. Most of the plea offers we receive from the prosecutor’s offices in these cases start with 5 years in New Jersey state prison, 42 months without the possibility of parole.

However, if you are arrested with a firearm in New Jersey, you don’t have to go to prison. There are many cases and circumstances where the State will consider a Graves Act waiver to lower the prison time to 3 years, 1 year without parole, or even remove it altogether with a probationary sentence. In addition, in some cases we can apply for the PTI program for first time offenders which allows the defendant to avoid jail time and a permanent criminal record if they successfully complete the probationary period.

Can I get PTI on a gun charge in Morris County?

It’s possible in some cases and we have done so for some of our clients. It depends on the facts and circumstances of your case including your prior criminal history (if any), the circumstances of your arrest, whether the weapon was legally purchased in another state or NJ, where the weapon was when it was confiscated (was it loaded, was there a danger to police officers or the public), and other factors. Because most gun charges in New Jersey are 2nd degree crimes, punishable by 5-10 years in prison, you are not even allowed to apply for PTI unless you get the permission of the Morris County Prosecutor’s office. Then, if they consent, you will pay a $75 application fee and be interviewed by the probation department. Your lawyer should submit a package in writing in support of your PTI application to probation and the prosecutor’s office.

Can I get bail on my Morris County gun charges?

Yes. There is no longer cash bail in New Jersey. So, the Judge may release you with certain conditions such as phone reporting, in-person reporting, house arrest, a bracelet, a curfew, etc. If the Judge doesn’t find any suitable conditions of your release, then you will be detained in the Morris County jail while the case is going on.

The Tormey Law Firm Handles Many Gun Charges in Morris County With Great Results

Here are some of the many gun cases we have handled in the Morris County Superior Court in Morristown, NJ, with tremendous results:

Morris County Prosecutor’s Office

If you have been charged with a criminal weapons offense in Morris County, your case will be prosecuted by a member of the Morris County Prosecutor’s Office. The Morris County Prosecutor’s Office is located at 10 Court St, Morristown, New Jersey, 07960. The office can be reached at (973) 285-6200. For additional information, access the Morris County Prosecutor’s Office’s website.

Frequently Asked Questions About Morris County NJ Gun Charges

FAQ: Is a gun charge a serious offense in NJ? Yes. New Jersey has very strict gun laws, some of the most stringent in the United States. As a result, most illegal gun possession offenses are graded as 2nd degree crimes punishable by 5-10 years in NJ state prison. In addition, under the Graves Act, there are mandatory prison sentences and periods of parole ineligibility, even if the defendant is a first time offender.

FAQ: Can I legally transport my weapon to and from the gun range? Yes, but you must do so legally. This means that the gun is in the trunk of the vehicle, in a locked gun case, unloaded, and separate from the ammunition.

FAQ: Can I get probation on a Morris County gun charge? In some cases, yes. It depends on the facts and circumstances of your case including the severity of your charges and whether or not you have any prior criminal record. It also depends on the facts of your case such as where the gun was recovered, was it loaded, and did it put the public or police officers in danger.

Morris County Weapon Return Unit

The Morris County Prosecutor’s Office’s Weapon Return Unit is responsible for assessing the appropriateness of returning weapons to a person whose weapons were seized in connection with a domestic violence incident. They will conduct an investigation and background check to determine if a person has the necessary documentation and is not subject to any of the disabilities set forth in N.J.S.A. 2C:58-3 prior to allowing their weapons to be returned. Members of this unit also represent the State of New Jersey on appeals stemming from denials of gun permit applications. The weapons return unit can be reached directly at 973-285-6198.

If your weapons have been seized after a domestic violence restraining order, they do not have to be returned to you even if the restraining order was ultimately dismissed. The Morris County Prosecutor’s office makes the ultimate decision whether or not to return your weapons. If they do, then you are fine. If not, they will fie a forfeiture action in order to attempt to keep your weapons and your firearms ID card in New Jersey. You have a right to hire counsel to fight this forfeiture action for you in court.

NOTE: One of our attorneys used to work for the Morris County Prosecutor’s office in the firearms forfeiture unit. Now, he represents our clients who are fighting these cases in court.

If the Morris County Prosecutor’s Office files a forfeiture action, a hearing must be held at the Morris County Superior Court within 45 days of the Prosecutor’s notice. At the forfeiture hearing, the Judge will determine whether to return the weapon(s) or to permanently remove the weapon(s) from the person’s possession.

Applying for a Gun Permit in Morris County

You need a permit to purchase a handgun or a Firearms Purchaser Identification Card to purchase other firearms in New Jersey. You also need a separate permit to carry a handgun in this state. Without proper permitting, you may find yourself arrested for unlawfully possessing a firearm. If you are a resident of Morris 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 Morris County municipality, click here. To learn more about the gun permit application process, visit our Gun Permit Process in NJ page.

If the police department denies your gun permit application for whatever reason, you can appeal to the Morris County Superior Court. We can handle this for you and have done so successfully for countless clients over the years.

Appealing a Gun Permit Denial in Morris County, NJ

As mentioned above, if your gun permit application was denied, you are entitled to request a hearing in the Morris County Superior Court. This request must be made in writing within 30 days of the initial denial and must be served upon the Morris County Prosecutor, the Superintendent of the New Jersey State Police, and the Chief of Police in the town in which you live and the permit was denied.

The Court must then set a date for the appeal hearing, which must be held within 30 days of the receipt of your request. The State will provide you (or your lawyer) with an evidence package (known as discovery) which they intend to rely on for the hearing.

If you need assistance filing a gun permit appeal in Morris County NJ, contact us now for immediate assistance. The initial consultation is always provided free of charge.

Shooting Ranges in Morris County NJ

If you are searching for a shooting range in Morris County, RTSP Range-Firearms-Training is a local range located at 961 Route 10 East, Randolph, New Jersey, 07869. They can be reached directly at (973) 434 7600 or via email at info@rtsponline.com. You can also visit their website at RTSP Online for additional information.

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