Ocean County Guns and Weapons Attorneys

Gun Defense Lawyers Handling Permits, Defending Weapons Charges, and Protecting Gun Rights in Toms River, New Jersey

Best defense gun charges Ocean County NJ
Gun Information Ocean County NJ

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 they may also charge you with criminal offenses that could result in prison time. Recent laws in New Jersey also allow law enforcement to take guns out of the hands of those deemed a danger to the public or a mental health risk. These extreme risk protective order matters are highly complicated and it is critical to have the most experienced legal counsel and representation if you have an upcoming hearing for an extreme risk protective order. Losing your gun rights can happen quickly in Ocean County and elsewhere in New Jersey, especially without help from an experienced firearms and weapons defense attorney. No matter the firearms legal issue you’re facing, the gun law attorneys at the Tormey Law firm are ready to fight for you in Toms River, Brick, Jackson, Lakewood, Lacey Twp., Point Pleasant, and other Ocean County municipalities. Contact our offices now for immediate assistance at (201)-614-2474. The initial consultation is always provided free of charge.

Here is a review from one of the many satisfied clients of the Tormey Law Firm LLC. After handling his criminal case and weapons forfeiture matter in Ocean County, ultimately getting the case dismissed and having his weapons returned to him, he said this: 

“I am writing to express my deepest gratitude for your outstanding legal representation in my multi steps case. Your expertise, attention to detail, and persistence were pivotal in achieving the best possible outcome. It was incredibly reassuring to have such a dedicated and knowledgeable advocate on my side throughout this process. Thank you once again for your exceptional service. I am immensely appreciative of your efforts and would not hesitate to recommend your services to others in need of legal assistance.” – V.P.

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’s Office is located at 120 Hooper Avenue, Second Floor, Toms River, NJ 08754, and is open from Mondays through Fridays from 8:30 a.m. to 4:30 p.m., and can be contacted at 732-504-0700 ext. 64320. Visit the following for more information regarding the Ocean County Superior Court Criminal Division.

OCEAN COUNTY PROSECUTOR’S OFFICE

Guns and weapons charges that are commonly filed by the Ocean County Prosecutor’s office include, but are not be limited to:

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

Protecting Your Rights when Facing Weapons Charges and Firearms Taken in Toms River, Point Pleasant, Brick, Lacey, and Ocean County NJ 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.

Top Reasons for Weapons Being Taken in Ocean County

There are many triggers for weapons and firearms being seized in New Jersey. First and foremost, police may investigate the scene of a domestic violence incident and seize any weapons found on the premises. Law enforcement may also seize weapons based on domestic violence charges or a restraining order being filed. Anyone subject to a temporary or final restraining order is prohibited from owning or possessing a gun under NJ law. In addition, felons and others considered certain persons not to have weapons may be arrested if they are found in possession of firearms and other weapons capable of causing serious bodily injury. In some situations, arrests occur for other crimes, such as selling drugs while in possession of a gun, in which case those arrested will be charged with multiple felony crimes and face significant prison time.

Moreover, you may have your weapons taken if you are served with a temporary extreme risk protective order. This means that police, a family member, a member of your household such as your husband or wife, or another party eligible to request a TERPO is concerned that you pose a risk to yourself or others. A TERPO is not made permanent until after a hearing in Ocean County Superior Court, where you have the right to present your case and demonstrate to the judge that you are by no means a risk to yourself or anyone else and should have your guns, firearms ID card, and/or permit to carry returned to you. Securing knowledgeable legal counsel from a firearms rights attorney who is fully comfortable with the laws, procedures, and ways to defend against extreme risk protective orders is the most valuable decision you can make in these high-stakes proceedings.

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/

Guns 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, HANDGUN PURCHASER PERMIT, OR CARRY PERMIT IN OCEAN COUNTY, NEW JERSEY

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. Since New Jersey eased its restrictions on issuance of handgun carry permits in accordance with the seminal Bruen Supreme Court decision, the state started collecting data on carry permit applications, including the number of gun permits that were approved, the number that were denied, and the reasons for gun permit denials. Toms River in Ocean County topped the list for the number of carry permits issued post-Bruen according to the latest information. With the removal of justifiable need as one of the fundamental requirements to obtain a handgun carry permit, it is more likely that residents of Ocean County and other New Jersey municipalities will be issued permits. However, there are many whose permits are still rejected. If your gun permit application was denied, you have the right to file an appeal, but the time limitations are very strict and you must promptly take legal action.

How to Appeal a Denied Gun Permit Application in Ocean County NJ

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, check out some of the options available:

Consult a Firearms Lawyer in Ocean County NJ

Contact our law office immediately if you have been arrested for weapons charges in Ocean County, are at risk of permanently losing your gun rights, or you are interested in restoring your firearms rights. Our lawyers can explore your options for expunging your criminal record or your mental health records before applying for a gun permit, removing a restraining order that is currently preventing you from possessing a weapon, challenging the case against you at a final extreme risk protective order hearing, working for your weapons to be returned after a domestic violence case, or appealing a gun permit denial. As passionate firearms rights lawyers, we also assist clients throughout the Ocean County area with the application process for gun permits, including in Bay Head, Barnegat, Seaside Heights, Toms River, Ocean Township, Berkeley, Lavallette. Call (201)-614-2474 for a free consultation with one of our attorneys regarding your guns or weapons case.