Morris County Illegal Possession of a Handgun Lawyer

Gun Charges Defense Attorneys Located in Morristown, New Jersey

New Jersey firearm laws are extremely complicated and often confusing. Many times, out-of-state residents think that because they have a valid firearm license or permit from another state, it is okay for them to carry their weapon in NJ. However, this could not be more wrong. Anyone carrying a handgun in New Jersey without a valid, state-issued permit or license can be arrested and charged with illegal possession of a handgun. And because NJ has some of the toughest gun laws in the country, a conviction may result in severe penalties, including state prison time.

If you or a loved on has been charged with a weapons offense in New Jersey, the Tormey Law Firm can help. Travis J. Tormey is a skilled criminal defense and drunk driving (DWI) attorney who has extensive experience representing clients charged with illegal gun offenses, including illegal possession of a handgun, possession of an Airsoft gun, and unlawful disposition of a firearm in Parsippany, Roxbury, Dover, Morristown, and throughout Morris County. Mr. Tormey appears in Superior Courts and Municipal Courts throughout New Jersey on a daily basis and has developed great relationships with prosecutors and judges who respect his work. With an office conveniently located in Morristown, Mr. Tormey is available immediately toll-free at 866-949-6948, or you can use the online contact form to schedule a free appointment.

Illegal Handgun Charges in New Jersey 

In New Jersey, N.J.S.A. 2C:39-5(b) governs charges for illegal possession of a handgun and provides, in pertinent part:

§ 2C:39-5. Unlawful possession of weapons

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

Arrested with a Handgun in Morris County? Bail Review

After a defendant is arrested and charged with illegal possession of a handgun in NJ, these charges are usually issued on a warrant complaint. In these cases, the defendant is processed (fingerprints, mugshot) and then sent to the Morris County Jail where they will await a first appearance before a Judge at CJP (Central Judicial Processing). These first appearances must be done within 48 hours of the defendant hitting the jail. At the first appearance, the defendant will be advised of their rights (right to remain silent, right to an attorney, etc.) and the charges they are facing. Then, they will either be released with a court date and certain reporting conditions or the State will “move for detention” meaning they are asking the Judge to hold the defendant in custody (jail) while the case proceeds. If the State moves for detention then the defendant will remain in jail until the detention hearing which is held within 5 days.

Detention Hearing for Gun Charges in Morris County Court

If the Morris County Prosecutor’s Office moves for detention, then a hearing will be held within a week for the Judge to hear arguments about whether or not the defendant should remain in custody during the pendency of the matter. The Judge will consider a number of factors including the defendant’s prior criminal history (if any), the nature of the charges, the defendant’s ties to the community, whether the defendant has failed to appear in court in the past, etc. In addition, probation will create a risk assessment scale known as a Public Safety Assessment (PSA) which will evaluate the defendant on a scale of 1-6 with one being the lowest and six being the highest. They will evaluate the defendant for 2 things – risk of committing another offense and risk that the defendant fails to appear in court if released from jail.

The defense can submit documents to the Judge to argue for the defendant’s release which can include character letters, proof of legal purchase of the gun, gun permits, proof of employments, proof of residence in NJ, etc. Once the Judge hears all of the arguments of the prosecutor and the defense attorney, then they will render a decision.

If the defendant is released, they will have certain reporting conditions such as by phone, video, or in person to probation. They may also be subject to ankle monitoring, a curfew, or even house arrest in some cases. If the defendant is remanded to the jail then they will remain in custody until the case is over and they will accrue jail credit.

Consequences of Illegal Handgun Possession in New Jersey

Illegal possession of a handgun is classified as an indictable offense to be handled in the Superior Court in the county in which the offense occurred. Illegal handgun possession in New Jersey is typically a second degree crime. A second degree crime has a presumption of incarceration and a prison range of five (5) to 10 years. The presumption of incarceration means that, even when the defendant has no prior record, it is presumed that a state prison sentence will be imposed. Moreover, because it is a Graves Act offense, there is mandatory jail time and a period of parole ineligibility.

The typical minimum plea offer on a second degree handgun possession case is five (5) years in NJ State Prison, with three (3) years of parole ineligibility. This means that you must serve three (3) years before becoming eligible for parole.

In some cases, handgun possession can be a third degree crime, such as in cases of BB guns, Airsoft guns, etc. Third degree crimes have a state prison range of three (3) to five (5) years. These are also Graves Act offenses, so the typical minimum plea offer is three (3) years in state prison, with one (1) year of parole ineligibility.

Call a Parsippany Gun Possession Defense Lawyer for Answers

If you or a loved one has been charged with an illegal firearm offense in New Jersey, Travis Tormey can help. Mr. Tormey is prepared to assist you with your weapons charges. Recently, Mr. Tormey has helped several clients achieve positive outcomes in their weapons cases. For example, Mr. Tormey was able to get a United States Marine charged with illegal gun possession in Morris County admitted into the Pre-Trial Intervention (PTI) program, resulting in no jail time and no criminal record.

Illegal handgun charges in New Jersey are extremely serious. There are almost always mandatory state prison terms and periods of parole ineligibility. As such, it is imperative that you hire an experienced criminal defense lawyer to represent you. Contact the Tormey Law Firm at 866-949-6948 for immediate assistance and a free consultation about your case.