Certain Persons Not To Have Weapons
The crime of Certain Persons Not To Have Weapons is governed by New Jersey statute 2C:39-7. Under this statute, any individual who has been convicted of certain crimes and or is suffering from a mental disorder that renders the individual unfit to possess weapons is guilty of a violation of this section of the law.
Under section (b), of the Certain Persons Not To Have Weapons statute, any individual who has been convicted of the crimes of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, endangering the welfare of a child, stalking, or a crime involving domestic violence, as well as various drug distribution related offenses, and possesses a firearm will be guilty of a crime of the second degree. However, under this statute, the individual will face at least five years in a New Jersey state prison without the possibility of parole for those first five years. In other words, every conviction under this statute, will result in the individual serving at least five years in prison.
However, there are defenses to a Certain Persons Not To Have Weapons case. First and foremost, an attorney may be able to challenge the evidence of possession. If an individual is not in possession of a weapon, they cannot be convicted of a Certain Persons Not To Have Weapons offense. Additionally, our attorneys may be able to challenge the way in which police officers recovered the weapon or firearm. Often times, Certain Persons Not To Have Weapons charges are the result of a police detention and subsequent search. If the officers lacked reasonable suspicion to make a stop, or probable cause to conduct a search, the gun which was found may be suppressed as evidence. If the gun is suppressed as evidence, it will not be available to use in a protection for a Certain Persons Not To Have Weapons charge and the charge will likely be dismissed.
If you would like to speak with one of our attorneys, kindly contact our office 24 hours a day seven days a week. Our experienced criminal defense attorneys are here to explain the charges and all possible defenses to you. If you retain our firm, our lawyers will aggressively defend your interests in court.