Illegal Weapons Charges in New Jersey: Understanding Your Rights and Legal Defenses

Defending Against Gun Charges Charges and Other Illegal Weapons in New Jersey

New Jersey has some of the strictest gun laws in the country, and being charged with an illegal weapons offense can carry severe penalties. Whether you are accused of possessing an unlicensed firearm, carrying a weapon in a restricted area, or unlawfully transporting a firearm, you could be facing heavy fines, mandatory prison sentences, and a permanent criminal record.

At Lyons & Associates, our experienced criminal defense attorneys understand the complexities of New Jersey’s weapons laws and are dedicated to protecting your rights. If you or a loved one has been charged with an illegal gun or weapons offense, it’s critical to seek legal counsel as soon as possible.

Common Illegal Weapons Charges in New Jersey

New Jersey law outlines various offenses related to the possession, carrying, and use of firearms and other weapons. Some of the most common illegal weapons charges include:

  • Unlawful Possession of a Firearm (N.J.S.A. 2C:39-5) – Possessing a firearm without a valid permit or license.
  • Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4) – Having a weapon with the intent to use it unlawfully against another person.
  • Unlawful Disposition of Firearms (N.J.S.A. 2C:39-9) – Illegally selling, transferring, or disposing of a firearm.
  • Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7) – Possession of a firearm by individuals convicted of certain crimes, including domestic violence offenses.
  • Possession of Prohibited Weapons and Devices (N.J.S.A. 2C:39-3) – Possession of illegal weapons such as sawed-off shotguns, silencers, armor-piercing bullets, and unregistered assault weapons.
  • Ghost Guns and Untraceable Firearms – Owning or assembling a firearm without serial numbers or manufacturer markings.
  • Unlawful Transportation of a Firearm – Carrying a firearm outside the home or place of business without a lawful permit.

Penalties for Illegal Weapons Charges in New Jersey

The penalties for illegal weapons charges vary depending on the specific offense, prior criminal history, and circumstances of the case. New Jersey imposes strict mandatory sentencing guidelines under the Graves Act, which applies to certain firearm-related offenses. Some potential penalties include:

  • First-Degree Offenses (Possession of an assault firearm for an unlawful purpose, armed robbery) – 10 to 20 years in prison, with mandatory minimum sentences under the Graves Act.
  • Second-Degree Offenses (Unlawful possession of a handgun, certain weapons offenses) – 5 to 10 years in prison, with mandatory parole ineligibility for a portion of the sentence.
  • Third-Degree Offenses (Unlawful possession of a rifle or shotgun, possession of a weapon for an unlawful purpose) – 3 to 5 years in prison.
  • Fourth-Degree Offenses (Possession of prohibited weapons such as brass knuckles or stun guns) – Up to 18 months in prison.

Convictions for these offenses can also result in steep fines, loss of firearm ownership rights, and long-term consequences on employment and personal freedoms.

Defenses Against Gun Charges and Other Illegal Weapons

A strong defense strategy is essential in fighting illegal weapons charges. Depending on the circumstances of your case, possible defenses may include:

  • Lack of Knowledge – Proving that you were unaware that the weapon was in your possession.
  • Illegal Search and Seizure – Challenging evidence obtained through an unconstitutional police search.
  • Permit and License Defense – Demonstrating that you had legal authorization to possess or transport the weapon.
  • Mistaken Identity – Establishing that the weapon did not belong to you or was mistakenly attributed to you.
  • Self-Defense or Justification – Arguing that the weapon was possessed or used in a legally justifiable manner, such as self-defense.

How a Skilled Criminal Defense Attorney Can Help

If you are facing illegal weapons charges in New Jersey, hiring an experienced criminal defense attorney is crucial. At Lyons & Associates, we will:

  • Conduct a thorough investigation into the circumstances of your arrest.
  • Challenge the prosecution’s evidence and ensure your constitutional rights were not violated.
  • Negotiate to reduce or dismiss charges where possible.
  • Build a strategic defense to achieve the best possible outcome in court.

Contact Lyons & Associates for Aggressive Defense

Illegal weapons charges in New Jersey carry serious consequences, but a strong legal defense can make all the difference. If you have been charged in connection with a handgun offense or other illegal weapons charge, don’t wait—reach out to Lyons & Associates today for a confidential consultation. Our dedicated legal team is prepared to fight for the best possible outcome attainable in your situation.

Call us now to discuss your case and start building your defense.