Ocean County Firearms Information
Gun Defense Lawyers Near Me in Toms River, New Jersey
If you live in Ocean County New Jersey and you are interested in legally buying a handgun, rifle or shotgun, or if you’ve been charged with a weapons offense, the experienced firearms attorneys at the Tormey Law Firm are available to help you. Gun laws in New Jersey are complex and carry stiff penalties, regardless of whether or not there was any intention to break the law. If you have been charged with a gun crime in Ocean County, you should discuss your case with an experienced attorney who is fully familiar with New Jersey’s firearms laws. In addition, if you were involved in a domestic violence incident, the Ocean County Prosecutor’s Office may not only seize all of your firearms and your firearms identification purchaser card, but it may also charge you with criminal offenses that could result in prison time. No matter the firearms legal issue you’re facing, the gun law attorneys at the Tormey Law firm are ready to fight for you including in Toms River, Brick, Jackson, Lakewood, Lacey Twp., and Point Pleasant. Contact our offices now for immediate assistance at (201)-614-2474. The initial consultation is always provided free of charge.
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OCEAN COUNTY CRIMINAL COURT
The New Jersey Superior Court, Ocean County Criminal Division will be the court that will hear any firearms related offenses brought against you by the Ocean County Prosecutor’s office. The Criminal Division is located at 120 Hooper Avenue, Toms River, NJ 08754, is open from Mondays through Fridays from 8:30 a.m. to 4:30 p.m., and can be contacted at 732-929-4780 For more information regarding the Ocean County Superior Court Criminal Division, click here. The Presiding Criminal Judge of Ocean County is the Honorable Wendel E. Daniels, P.J.Cr. and the Criminal Division Manager is Michelle L. Tierney who can be contacted at 732-929-2042. If you have to travel to the Ocean County Court, Criminal Division, click here for directions: https://njcourts.gov/courts/directions/ocean.html
OCEAN COUNTY PROSECUTOR’S OFFICE
Gun charges that are commonly filed by the Ocean County Prosecutor’s office include, but are not be limited to:
- 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 Ocean County Prosecutor’s office is located at 119 Hooper Ave, Toms River, NJ 08754, phone: 732-929-2027. For more information on the Ocean County Prosecutor’s office click here: https://ocponj.gov/
Arrested for an Illegal Gun Charge in Ocean County NJ?
If you have been arrested and charged with illegal possession of a handgun in Ocean County NJ, the case will be handled in the Superior Court, Criminal Division, of the Ocean County Superior Court located in Toms River, New Jersey. The case is an indictable (felony) level offense that will be prosecuted by the Ocean County Prosecutor’s office.
Most of these 2nd degree gun possession charges are charged as a 2nd degree unlawful possession of a weapon which is punishable by the following:
- 5-10 years in New Jersey State Prison
- Presumption of incarceration even for 1st time offenders
- $150,000 fine
- Probation if not sentenced to prison
- Up to 364 days in the Ocean County Jail as a condition of probation
Once you are arrested for a second degree gun charge in Ocean County, you will be taken to the Ocean County jail where your bail will be reviewed within 24-48 hours. The Judge may release you then with certain reporting conditions unless the State moves for detention and asks the Judge to hold you while the case is going on. If that happens, a detention hearing will be held within 5 days where the State will argue for you to be detained based on the serious nature of the charges, that you are a flight risk, and that you are a danger to the community. The defense attorney will argue for your release based on the opposite. The Judge will make a ruling after hearing all of the arguments of counsel.
After the bail hearings, the case will be listed for a pre-indictment conference to see if any resolution is possible. At this conference, the State will provide your defense attorney with all of the evidence they have and a plea offer. Usually for gun charges, based on the Graves Act which requires mandatory prison time and parole ineligibility even for first time offenders, the initial plea offer is 5 years in prison, 42 months to be served before becoming eligible for parole. Sometimes, the State may offer a Graves waiver and lower the initial offer to 3 years in prison, 1 year without parole. Then, your attorney needs to submit a package in support of the Graves waiver and argue for non-custodial probation or PTI.
If the case resolves with a plea or PTI pre-indictment, then the case is over. Otherwise, the case will proceed to the Grand Jury for an indictment. Once you are indicted, you will receive a notice in the mail for an arraignment date in court. Typically, the plea offer will now escalate to a higher offer than you received at the pre-indictment conference. Now, your lawyer can file motions on your behalf such as a motion to suppress the gun evidence that was seized or a motion to challenge any statements you made to the police (Miranda motion). Once the motions are finished, if the case does not resolve with a plea, then the case will proceed to a jury trial.
OCEAN COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT
The Ocean County Prosecutor’s Office’s Domestic Violence Unit is responsible for handling firearms forfeitures and contempt actions in family court. In addition, if your guns were seized in connection with a domestic violence incident, the Domestic Violence Unit will conduct an investigation to assess the appropriateness of returning your weapons. To learn more about the Ocean County Prosecutor’s Domestic Violence Unit, click here: https://ocponj.gov/ci/special-victims/
My guns were seized based on restraining order/domestic violence in Ocean County
If you were served with a temporary restraining order (TRO) in Ocean County NJ, your weapons were seized by the police and transferred to the Ocean County Prosecutor’s office. If the temporary restraining order becomes final, you are prohibited from owning or possessing those firearms permanently. You may be able to negotiate a sale of the weapons or a transfer to another family member. However, if the TRO is dismissed, you may be able to have the guns returned to you but this doesn’t automatically happen. The Ocean County Prosecutor’s office has 45 days to decide whether to return your weapons to you or file a forfeiture action in the Ocean County Superior Court. If a forfeiture action is filed, a hearing will be scheduled in court within 45 days of the forfeiture notice being filed. Our experienced weapons attorneys can represent you at a gun forfeiture hearing in Ocean County and have done so successfully for many clients over the years. Contact our offices anytime for immediate assistance and a free initial consultation.
APPLYING FOR A FIREARMS IDENTIFICATION PURCHASER CARD IN OCEAN COUNTY
If you are a resident of Ocean 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 contact information of the police departments in Ocean County, 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 Ocean County, how do I appeal?
If you submitted an application for a gun permit in Ocean County and your application was denied, you can appeal in writing within 30 days. Your appeal must be served upon the Ocean County Prosecutor’s office, the Superintendent of the NJ State police, and the chief of police in the town where you reside. Then, the Ocean County Court will set a date for your gun permit appeal hearing usually within 3o days of the filing of your appeal. If you need help with a gun permit appeal in Ocean County, contact our experienced gun permit appeal lawyers now for a free consultation.
PLACES TO SHOOT AND/OR PURCHASE FIREARMS IN OCEAN COUNTY
Ocean County offers a few places to go shooting or purchase handguns, rifles, and shotguns. To learn more about visiting a shooting range or buying a gun in Ocean County, visit one of the following locations:
Garden State Shooting Center, 1955 Swarthmore Ave #5, Lakewood, NJ 08701, 732-987-6990
Shore Shot Pistol Range, 730 Airport Rd #4, Lakewood Township, NJ 08701, 732-905-6888
Guns & Roses, 1521 NJ-37, Toms River, NJ 08755, 732-407-6500