Union County Gun Lawyers
Knowledgeable Weapons Attorneys Near Me in Elizabeth, New Jersey
The reasons why you may find yourself involved with a gun-related issue in Union County, New Jersey are broad and diverse. You may have been charged with a criminal weapons offense, which requires you to appear in the Criminal Division of the Union County Superior Court. Or perhaps you were accused of an act of domestic violence and authorities seized your weapons, a matter which you may need to address with the Union 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 Union County, and it was denied. If you choose to seek an appeal, your hearing will be held in the Union County Superior Court in Elizabeth. Regardless of the circumstances of your gun case, 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 Union County including in Elizabeth, Plainfield, Rahway, Springfield, Cranford, Scotch Plains, and Westfield.
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 Union 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.
Superior Representation with Superior Results: Our Cases in Union County
Here are three gun cases we recently handled in Union County court for our clients with tremendous success:
- 2nd Degree Gun Charge Results in No Jail, No Record for our client Union County
- Illegal Gun Possession case Elizabeth results in PTI program
- BB gun charge handled in Elizabeth with great success
Here is a review from one of the many satisfied clients of the Tormey Law Firm LLC:
“Excellent at getting best outcome”
Posted by anonymous
“Travis is very responsive and excellent at achieving the best outcome. He is extremely professional and I credit him for negotiating in a manner that greatly reduced my charges.”
Arrested for an Illegal Gun Charge in Union County NJ – What happens next
Initial Bail Review Hearing
If you have been arrested and charged with illegal gun possession in Union County NJ, this is typically a 2nd degree felony punishable by 5-10 years in prison. After an arrest, most of the time on a warrant, the defendant will be taken to the Union County jail and their bail will be reviewed within 24-48 hours. At that initial bail review hearing, the Union County Prosecutor’s office will make a decision about whether or not they are filing a detention motion to ask the Judge to hold the defendant while the case is going on. If no detention motion is filed, the defendant will be released at the initial bail review with certain conditions of reporting (by phone, in person) and will be given a new court date where they must appear. If the State files a detention motion, the defendant will be detained at the initial bail review and a detention hearing will usually be scheduled within 5 days of the bail review.
NOTE: A defense attorney does not get to argue for the defendant’s release at the initial bail review hearing. The decision to file a motion for detention is solely up to the Union County Prosecutor’s office. All the defense attorney can do is try to speak to the prosecutor before the initial bail review and convince them not to file a motion for detention. However, some prosecutor’s offices have a policy that they move for detention on every gun case because of the serious nature of the charges (2nd degree) and the mandatory prison time and parole ineligibility associated with the Graves Act in New Jersey.
What happens at a Detention Hearing in Union County Court?
At a detention hearing, the State argues to the Judge that the defendant should remain in jail while the case is going on while the defense argues for the defendant’s release. Prior to the hearing, the probation department will create a Public Safety Assessment (known as a “PSA”) which will grade the defendant on a scale of 1-6 where 1 is the lowest number and 6 is the highest number for two main issues: The risk that the defendant fails to appear in court and the risk that the defendant is involved in new criminal activity. For example, a 1/1 is the lowest and best grade that a defendant can score on this risk assessment scale.
The Risk factors include the following:
- Age of the defendant
- Current violent offense
- Other pending criminal charges
- Prior disorderly persons (misdemeanor) convictions
- Prior indictable (felony) convictions
- Prior violent convictions
- Prior failure to appear in court last 2 years
- Prior failure to appear in court over 2 years ago
- Prior sentence to jail time (14 days or more)
- Defendant currently on probation
- Defendant currently on parole
- Any domestic violence restraining orders
- Any prior juvenile delinquency
The Judge, the prosecutor and the defense attorney will all be provided with this risk assessment scale and probation will make a recommendation to the Judge if the defendant should be released and, if so, what kind of pre-trial monitoring should be placed on them. The Judge is not bound by this recommendation but will take it into account along with the arguments of counsel.
Prior to the detention hearing, our experienced gun lawyers will typically submit a package to the Judge and prosecutor with any mitigating information trying to show the Court that the defendant is not a flight risk, has ties to the community, and should be released with conditions. These conditions can include phone reporting, in-person reporting, home detention, a bracelet, a curfew, etc. Some of the items we typically include in our detention package include the following:
- Employment records
- Character references
- Proof of legal purchase of weapon in home state (if applicable)
- Travel documents (why defendant was in NJ, if not a resident here)
Once the package is submitted, the State will make their arguments to the Judge and the defense will make their arguments and then the Judge will make a ruling. If the defendant is detained, he or she will receive jail credit for the time served when the case is ultimately resolved.
Union County Superior Court Information
The Union County Superior Court is located at 2 Broad St, Elizabeth, New Jersey, 07201. The main court office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. and can be reached at (908) 659-4600. For additional information about the court, access the Union County Superior Court website.
Union County Superior Court Criminal Division
If you have been charged with a criminal weapons offense in Union County, you will be required to appear in the Union County Superior Court, Criminal Division. Some of the most common weapons charges issued in Union 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
If you have been charged with one of the crimes above, or another weapons offense, your case will be handled by the Union County Superior Court, Criminal Division. The presiding judge in the division is the Honorable Judge Robert J. Mega, P.J.S.C. The division manager is Robert Eppenstein. The division can be reached directly at 908-659-4660.
Union County Prosecutor’s Office
If you have been charged with a criminal weapons offense in Union County, your case will be prosecuted by a member of the Union County Prosecutor’s Office. The Union County Prosecutor’s Office is located at 32 Rahway Ave, Elizabeth, New Jersey, 07202 The office can be reached at (908) 527-4500. For additional information, access the Union County Prosecutor’s Office’s website.
Union County Domestic Violence Unit
The Union 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.
Guns Seized Based on Domestic Violence Restraining Order in Union County, NJ
If your guns were seized based on a domestic violence restraining order in Union County, we can help. If the temporary restraining order (TRO) becomes final, then you are prohibited from owning or possessing firearms. However, you may be able to have the weapons transferred to a family member or a dealer to be sold so you can at least salvage the value of the weapons. On the other hand, if the TRO was dismissed, you may be able to have the guns returned to you but this is not automatic. Within 45 days of the seizure, the Union County Prosecutor’s office must take action for forfeiture of the weapons or they must be returned to you. Contact us anytime for immediate assistance with a weapons seizure of firearms forfeiture hearing in Union County, NJ.
Applying for a Gun Permit in Union County
If you are a resident of Union 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 Union 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.
Appealing a Gun Permit Denial in Union County, NJ
If you have applied for a gun permit in Union County NJ and been denied, contact us now for help. We can file a gun permit appeal on your behalf to the Union County Superior Court. This appeal must be filed within 30 days of your initial denial. This appeal must be made in writing to the Union County Prosecutor’s office, the Superintendent of the NJ state police, and the Chief of police in the town where you live.
Shooting Ranges in Union County NJ
If you are searching for a shooting range in Union County, The Chief Gene Mirabella Firearms Training Facility is a local range located at 301 Shunpike Road, Springfield, New Jersey, 07081. They can be reached Monday through Friday from 8:00 a.m. to 4:00 p.m. at (908) 273-1129, and on Sunday from 12:00 p.m. to 5:00 pm. at (908) 273-3553. You can also visit their website by clicking here for additional information.
For a free consultation regarding your gun-related issue in Union 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.