Facing a Gun Charge in Union County, NJ? Your Future is on the Line.

Brett M. Rosen, Esq.: Experienced Handgun Charge Defense

A gun charge isn’t just another legal issue; it’s a threat to your freedom, your reputation, and your way of life. In New Jersey, the laws surrounding firearms are complex and the penalties are severe. Whether you’re facing charges for illegal possession, a permit violation, or a weapons offense during another crime, you need an attorney who specializes in this area of law and understands the unique challenges you face in Union County.

N.J.S.A. 2C:39-5(b)(1): Understanding Union County, New Jersey’s Handgun Possession Law

What Is N.J.S.A. 2C:39-5(b)(1)?

This is the section of the New Jersey Criminal Code that deals specifically with the unlawful possession of handguns. It’s a crucial law for anyone who owns or carries a firearm in the state, as it outlines what’s considered illegal possession and the severe penalties associated with it.

Breaking Down the Law:

• Knowingly Possessing a Handgun: This means you have a handgun in your physical possession or under your control, and you are aware that it’s a firearm.
• Without a Permit to Carry: In New Jersey, it’s illegal to carry a handgun, even on your own property, without a valid permit to carry issued by the state. This includes concealed carry and open carry.
• Includes Antique Handguns: Even antique handguns are covered by this law.
• Second-Degree Crime: Violating N.J.S.A. 2C:39-5(b)(1) is considered a second-degree crime, which is a serious felony offense.

Penalties for Violating N.J.S.A. 2C:39-5(b)(1):

The consequences of being convicted of unlawful handgun possession in New Jersey are severe:

• Prison Time: You could face 5 to 10 years in state prison.
• Fines: You could be fined up to $150,000.
• Graves Act: This law imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun. This means you may not be eligible for parole until you have served a significant portion of your sentence.
• Loss of Gun Rights: A conviction under this statute will result in the permanent loss of your right to own or possess firearms in New Jersey.
• Other Consequences: A felony conviction can have devastating consequences on your employment, housing, and other aspects of your life.

The Nightmare of New Jersey’s Graves Act

New Jersey’s Graves Act is a no-nonsense piece of legislation with mandatory minimum prison sentences for most gun-related offenses. Even first-time offenders can find themselves facing years behind bars without the possibility of parole. This harsh reality underscores the importance of having an experienced handgun charge attorney fighting for your rights from the very beginning.

What Makes Brett M. Rosen, Esq., the Right Choice?

• Union County Expertise: Our attorneys have in-depth knowledge of the local courts in Union County. We leverage this understanding to craft tailored defense strategies that have proven successful in getting charges dismissed, reduced, or securing the best possible plea deals.
• Proven Track Record: Our firm has a long history of achieving favorable outcomes for clients facing gun charges in Union County. We’ve helped countless individuals navigate the complexities of the Graves Act and its potential exceptions, including securing Graves Act waivers in appropriate cases.
• Relentless Advocacy: We understand the stakes are high. We leave no stone unturned in our investigation and defense, meticulously analyzing every detail of your case, consulting with experts when needed, and fighting for your rights at every turn.
• Compassionate Support: We understand that this is a stressful and frightening time for you. We provide compassionate and personalized attention, explaining your options clearly and keeping you informed throughout the legal process.
• 24/7 Availability: We know that legal emergencies don’t keep business hours. We are available 24/7 to provide immediate assistance and support when you need it most.

Types of Handgun Charges We Defend

Our expertise covers a wide range of handgun offenses, including:

• Unlawful Possession of a Weapon: Possessing a handgun without a valid permit or license.
• Possession of a Weapon for an Unlawful Purpose: Having a firearm with the intent to use it in a criminal act.
• Certain Persons Not to Possess Weapons: Individuals with certain criminal histories or restraining orders may be prohibited from possessing firearms.
• Possession of a Defaced Firearm: Having a gun with an altered or removed serial number.
• Carrying a Handgun Without a Permit: Even if you legally own a handgun, carrying it without a permit is a crime.
• Transporting a Handgun Without a Permit: There are specific rules for transporting firearms in New Jersey, and violating them can lead to charges.
• Possession of a Large Capacity Ammunition Magazine (LCA): New Jersey limits magazine capacity, and possessing one that exceeds the limit is a crime.
• Other Handgun-Related Offenses: This includes brandishing a firearm, using it in a crime, or possessing it while under the influence.

Potential Defenses to Handgun Charges

The best defense strategy will depend on the specific charges and circumstances of your case. Possible defenses include:

• Lack of Possession: Proving you did not possess the weapon, or that you were not aware of its presence.
• Valid Permit or License: If you had a valid permit or were legally allowed to possess the firearm, this is a strong defense.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights, the evidence obtained may be inadmissible in court.
• Lack of Intent: Arguing that you did not intend to use the weapon for an unlawful purpose.
• Self-Defense: If you possessed the firearm for self-defense and used it in a reasonable manner to protect yourself or others, this can be a defense.
• Constitutional Challenges: Questioning the constitutionality of certain gun laws or their application in your case.

Frequently Asked Questions (FAQs)

1. What should I do if I’m arrested for a handgun offense in Union County, New Jersey?
   Invoke your right to remain silent and immediately ask for a lawyer. Don’t answer any questions or make any statements to the police without legal counsel present.
2. What are the penalties for illegal gun possession in New Jersey? The penalties vary based on the specific charge and your criminal history, but they can include lengthy prison sentences, hefty fines, and the loss of your right to own or possess firearms.
3. Can I get a handgun charge expunged from my record in New Jersey? Some handgun charges may be eligible for expungement after a waiting period, depending on the specific offense and your criminal history. An attorney can advise you on your eligibility and the process.
4. Can I keep my gun if I’m facing domestic violence charges? A temporary restraining order (TRO) in a domestic violence case can require you to surrender your firearms. An attorney can help you understand and protect your rights in this situation.
5. What is the difference between a handgun permit and a firearms purchaser identification card (FPIC)? A handgun permit allows you to purchase and possess a handgun in New Jersey. An FPIC is required to purchase a rifle or shotgun.
6. Can I get a gun permit if I have a criminal record? Certain criminal convictions can disqualify you from obtaining a gun permit in New Jersey. An attorney can review your record and advise you on your eligibility.

Don’t Face Gun Charges Alone – Call Brett M. Rosen, Esq. Today

A handgun charge is a serious matter, but it’s not the end of the road. With the right legal team by your side, you can fight the charges and protect your future. Brett M. Rosen, Esq., has the experience, knowledge, and dedication to help you through this challenging time.

Contact us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule a free and confidential consultation.