In New Jersey, possession of a handgun is governed by New Jersey statute 2C:39-5. Under this statute, an individual may be guilty of a second degree criminal offense if he or she possesses a handgun without first obtaining a permit to carry the handgun. Additionally, the purchase of a handgun without a firearms purchasers identification card can lead to second degree unlawful possession of a handgun charges. This means that an individual upon conviction, will face between five and ten years in New Jersey state prison. Additionally, that individual will face a period of parole ineligibility. Therefore, the individual will not be eligible for parole until they complete their specific period of parole ineligibility in state prison.
Under the statute, the offense of unlawful possession of a handgun occurs when an individual is in possession of a handgun and does not have a specific permit to carry that handgun. However, if the individual has a firearm purchasers identification card and has satisfied any other legal requirements, they may be permitted to transport their handgun under very specific circumstances and in a very specific manner. If an individual fails to properly comply with the law, they may be charged with second degree unlawful possession of a handgun and could face the above described penalties.
There are various defenses to handgun possession cases. Some of those defenses include, challenging the evidence that the prosecution is attempting to offer to show that an individual was actually in possession of a handgun. Additionally, the way in which the handgun was transported or possessed can in some circumstances be used to demonstrate that the individual did comply with the handgun possession law and they therefore should not be charged or convicted of a criminal offense.
Obviously the specific facts and circumstances of possession of a handgun will determine what specific defenses are available. It is therefore important that you contact a New Jersey Possession Of A Handgun defense attorney to go over the facts and circumstances and raise any and all applicable defenses.
If you would like to speak with one of our attorneys call our law firm day or night. Our attorneys are experienced criminal defense and gun possession defense attorneys who will aggressively represent your interests. We will work hard, exploring all possible defenses to the possession of a handgun case. Call us today for a free consultation. You can also check out our results page by clicking here.