While the Second Amendment of the United States Constitution provides general protection for guns and weapons owners in the United States and establishes a baseline, gun laws regulating possession, ownership, and compliance are imposed by the states.

New Jersey has some of the toughest gun laws and mandatory minimum prison sentences in the country. Moreover, under the New Jersey Graves Act in N.J.S.A. 2C:43-6(c), if you’re convicted of or plead to criminal firearms charges, you’ll face several years in prison with no possibility of early parole. It doesn’t matter if you’re a first-time offender, or if you got caught up unwittingly violating firearms statutes without meaning to, or if you just made a mistake.

Before the broadening of firearms violations sentencing under the Graves Act, only defendants convicted of firearms violations while committing certain crimes were subject to mandatory sentencing for gun crimes. In line with New Jersey’s tough stance against gun crimes, mandatory sentencing was broadened to cover multiple other firearms violations. Mandatory sentencing now applies to convictions for the following firearms violations:

• Unlawfully possessing a rifle, machine gun, shotgun or handgun contrary to N.J.S.A. 2C:39-5(a), (b) or (c).

• Possessing a defaced firearm contrary to N.J.S.A. 2C:39-3(d). • Defacing a firearm contrary to N.J.S.A. 2C:39-9(e).

• Possessing a sawed-off shotgun contrary to N.J.S.A. 2C:39-3(b).

• Possessing a firearm while committing a drug distribution or possession with intent to distribute offense contrary to N.J.S.A. 2C:39-4.1(a).

• Possessing certain weapons by individuals convicted of specified firearms offenses contrary to N.J.S.A. 2C:39-7(a) or (b)(2).

• Manufacturing, transporting, or the disposition of a firearm contrary to N.J.S.A. 2C:39-9(a), (b)

New Jersey Gun Law Penalties Illegal possession of a gun is an indictable offense. An indictable offense is equivalent to felonies in other states. Below is a simplified version of some of the consequences. Illegal possession of a machine gun or handgun is a second-degree crime Illegal possession of an assault rifle is a second-degree crime Illegal possession of a rifle or shotgun is a third-degree crime Illegal possession of an air gun, spring gun or a weapon of a similar nature is a crime of the third degree A second-degree crime comes with a jail sentence of 5 to 10 years. A third-degree crime comes with a jail sentence of 3 to 5 years. It is important to hire an attorney who can fight these charges as they will impact your life immensely.

How to get a Gun Charge Dismissed

Challenging the legality of the Search and Seizure. If the weapon was found without a valid search warrant, or during an illegal arrest, the charges could be dismissed for violating the Fourth Amendment to the Constitution. Exemptions to Firearm Possession Laws. There are many exemptions to the laws of firearm possession.

One example is that you do not need a permit to possess a firearm in one’s own home. These exemptions require a very detailed and thorough investigation into the facts of the case. Graves Act Waiver. Most firearm offenses in New Jersey fall under the Graves Act. The Graves Act is a complex system of mandatory incarceration sentences.

However, it may be possible to obtain a waiver of the Graves Act as it applies to one’s case. For this you need a skilled negotiator who understands the positions of the prosecutors. Pretrial intervention. The New Jersey Attorney General Guidelines allow the State to admit individuals into the Pre-Trial Intervention Program for non-resident individuals with a firearm permit from another state.

New Jersey has some of the toughest gun laws in the country, however, you need an attorney who understand the Grave’s Act as it applies to your case and can build you a solid defense and possibly avoid years in prison. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.