New Jersey has some of the strictest firearms laws in the nation, and police and prosecutors take an aggressive approach to enforcing them. Even when you believe you are following the law, a misunderstanding or technical violation could put you in handcuffs. If that happens, the penalties are severe and could affect your freedom, your career, and your future.
If you’ve been charged with a gun crime in South Jersey, you are not alone – and you do have rights. An experienced New Jersey firearms charges attorney can protect you from overreaching prosecutions, fight to reduce or dismiss charges, and help safeguard your Second Amendment rights.
Overview of New Jersey Firearms Laws
New Jersey’s firearms laws are more restrictive than those in most other states. In fact, the Garden State is widely known as a “gun control state.” Understanding the basics of how the law works is the first step toward protecting yourself.
Two Types of Permits: Owning vs. Carrying
It’s essential to distinguish between:
Permits to Own/Purchase:
– Firearms Purchaser Identification Card (FPIC) – required for rifles and shotguns.
– Permit to Purchase a Handgun – needed for each handgun purchase.
– Both require a background check, fingerprints, references, and consent to a mental health records review. (See N.J.S.A. 2C:58‑3)
Permit to Carry a Handgun (PCH):
– Required to carry a handgun in public.
– Separate from ownership permits, with its own qualifying steps – training, fingerprints, background check, references, etc. (See N.J.S.A. 2C:58‑4)
Concealed Carry and Permits
In 2022, following a U.S. Supreme Court case, captioned New York State Rifle Assn., Inc. v. Bruen, New Jersey became a ‘shall-issue’ state for carry permits. Previously, chief law enforcement officers had broad discretion to deny permits; now, qualified applicants must be issued permits. (N.J.S.A. 2C:58‑4)
Possession in the Home vs. Carrying in Public
• At home: You may own a firearm legally if you have the appropriate permit to own/purchase and you’re not otherwise barred (e.g., by felony or restraining order).
• Outside the home: You must have a valid Permit to Carry to lawfully carry a handgun. Out-of-state permits are not recognized in New Jersey.
Transporting Firearms
Without a carry permit, transport is only legal under limited statutory exemptions: moving residences, going to a shooting range, hunting, or repair – with the firearm unloaded, locked in a container or trunk, and no unreasonable stops. (N.J.S.A. 2C:39‑6)
Prohibited Locations
Even with a PCH, firearms are banned in sensitive places such as schools, state buildings, bars with high alcohol sales, public demos, and college campuses. Violating these bans can elevate charges.
Penalties for New Jersey Firearms Violations
Getting arrested for a gun crime in New Jersey is frightening because the penalties are some of the harshest in the nation. A conviction could mean prison, heavy fines, and the permanent loss of your right to own firearms.
Charges by Firearm Type
Under N.J.S.A. 2C:39‑5, unlawful possession is classified as follows:
• Handgun (pistol or revolver) – Second-degree crime, punishable by 5-10 years in prison.
• Machine gun – Second-degree crime.
• Rifle or shotgun – Third-degree crime, punishable by 3-5 years in prison.
• BB gun or air pistol – Third-degree crime.
Mandatory Sentences – The Graves Act
The Graves Act imposes mandatory minimum prison terms – usually 5 years of imprisonment with at least 42 months of parole ineligibility. Judges cannot bypass these sentences. (N.J.S.A. 2C:43‑6(c)).
Collateral Consequences
The damage doesn’t stop at prison time. A firearms conviction can lead to:
• Permanent loss of Second Amendment rights.
• Career impact – Employers are reluctant to hire someone with a weapons conviction.
• Professional licensing issues – Doctors, nurses, teachers, and other licensed professionals can face disciplinary action.
• Reputation damage – Gun convictions carry a stigma that can affect personal and professional relationships for life.
Read more about penalties and sentencing in our blog post: Understanding the Consequences of an Unlawful Weapons Possession Charge in NJ.
What to Do If Arrested for a Firearms Charge
Don’t take a ‘wait and see’ attitude. Immediate legal representation is vital – these cases rarely resolve favorably without an aggressive defense!
How an Attorney Can Help
A seasoned defense lawyer brings a range of strategies to protect your rights when you’re facing firearms charges in New Jersey. Your attorney may begin by challenging unlawful police conduct, such as an improper vehicle search or a warrantless entry into your home, which could lead to suppression of key evidence. In other cases, the best defense may involve raising statutory exceptions that allow certain types of firearm transport or possession under New Jersey law.
Beyond fighting the charges in court, an experienced lawyer knows how to negotiate with prosecutors to pursue reduced charges or alternative sentencing. This can be particularly important in cases involving the Graves Act, which carries harsh mandatory minimum sentences. A skilled attorney may be able to apply for a Graves Act waiver or secure a more favorable resolution that avoids years of prison time.
Why Choose a Private Defense Lawyer
Public defenders are hardworking and often dedicated, but the reality is that they are frequently overloaded with heavy caseloads, leaving them limited time and resources to devote to each client. A private Criminal Defense Attorney or Gun Crimes Defense Lawyer, by contrast, can provide the focused attention your case deserves. Private counsel has the ability to craft a strategic defense tailored to your circumstances, dedicate more time to investigating the facts, and retain expert witnesses when necessary.
Just as importantly, an experienced private attorney is familiar with the local courts – the prosecutors, judges, and clerks – and can leverage that knowledge to anticipate challenges and seize opportunities that might otherwise be overlooked. This combination of resources, strategy, and local insight often gives clients a stronger position when fighting serious firearms charges.
Arrested for a South Jersey Firearms Violation? Get Legal Help Now
The stakes are too high to risk going it alone! Call 888‑529‑3486 or contact us online. At Shuttleworth Law, P.C., our experienced New Jersey firearms charges attorney will aggressively defend firearms charges across South Jersey.
Learn more about the Criminal Defense practice areas we handle.
For more information about criminal cases, visit the official New Jersey Courts site.
