Unlawful Possession of a Firearm Federal Charges in New Jersey

Unlawful Possession of a Firearm: Federal Charges in New Jersey

When facing federal gun charges in New Jersey, the stakes are incredibly high. The federal government takes a strong stance against illegal firearm possession, and the potential consequences of a conviction can be severe, including lengthy prison sentences, hefty fines, and a permanent criminal record that can impact your life in countless ways.

If you or a loved one has been charged with unlawful possession of a firearm under federal law in New Jersey, it is crucial to seek immediate legal representation from an experienced federal criminal defense attorney. Brett M. Rosen, Esq., has a proven track record of success in defending clients against federal gun charges. He understands the complexities of federal firearms laws and will fight tirelessly to protect your rights and freedom.

Understanding Federal Firearm Laws

Federal law regulates the possession, sale, and use of firearms in the United States. These laws are complex and can be challenging to navigate, especially for those unfamiliar with the legal system. Here are some key federal statutes that commonly lead to charges in New Jersey:

• 18 U.S. Code § 922: This statute prohibits certain individuals from possessing firearms, including:
  
  • Felons
  • Fugitives from justice
  • Unlawful users of or those addicted to controlled substances
  • Persons with certain mental health conditions
  • Illegal aliens
  • Persons dishonorably discharged from the military
  • Persons who have renounced their U.S. citizenship
  • Persons subject to a domestic violence restraining order
• 18 U.S. Code § 924: This statute imposes mandatory minimum sentences for using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime. The penalties increase significantly if the firearm is brandished or discharged during the offense.
• National Firearms Act (NFA): This law regulates certain types of firearms, such as machine guns, short-barreled rifles and shotguns, and silencers. It requires registration and taxation of these firearms and imposes strict penalties for violations.

Penalties for Unlawful Possession of a Firearm

The penalties for unlawful possession of a firearm under federal law can be severe, depending on the specific circumstances of the case and the defendant’s criminal history. Potential penalties include:

• Imprisonment: Up to 10 years in federal prison.
• Fines: Up to $250,000.
• Forfeiture of the firearm: The government can seize the firearm and any other property used in the commission of the offense.

Additional consequences may include:

• Loss of firearm rights: A conviction for a federal firearm offense will result in the loss of your right to own or possess firearms in the future.
• Difficulty finding employment or housing: Many employers and landlords conduct background checks, and a federal conviction can make it challenging to secure employment or housing.
• Immigration consequences: If you are not a U.S. citizen, a conviction for a federal firearm offense can lead to deportation or denial of naturalization.

How Brett M. Rosen, Esq. Can Defend You Against Federal Gun Charges

Facing federal gun charges is a daunting experience, but you don’t have to navigate the legal system alone. Brett M. Rosen, Esq. has extensive experience defending clients against federal gun charges in New Jersey. He will:

1. Thoroughly Investigate Your Case: We will meticulously examine every aspect of your case, including the circumstances of the arrest, the police conduct, the validity of any search warrants, and the chain of custody of the firearm. We will leave no stone unturned in our search for evidence to support your defense.

2. Challenge the Prosecution’s Case: Our team will scrutinize the evidence against you and identify any weaknesses or inconsistencies. We may challenge the validity of search warrants, the reliability of witnesses, or the admissibility of evidence.

3. Expert Witness Testimony: If necessary, we will consult with experts in firearms, ballistics, forensic science, and other relevant fields to provide expert testimony to support your defense.

4. Explore All Legal Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.

Potential Defenses Against Federal Gun Charges

Some common defenses we may explore include:

• Lack of Possession: Proving you did not possess the firearm or were unaware of its presence. We may challenge the prosecution’s evidence, showing that you did not have actual or constructive possession of the firearm.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search and seizure, the evidence obtained may be inadmissible in court. We will scrutinize the police actions to ensure they followed proper procedures and had a valid reason to search you or your property.
• Valid Defense: If you possessed the firearm for self-defense purposes and your use of it was reasonable and justified, this may be a valid defense. We will carefully analyze the circumstances of your case to determine if self-defense applies.
• Entrapment: If law enforcement induced or coerced you into committing a gun offense, you may have a defense of entrapment. This requires proving that you would not have committed the crime but for the actions of law enforcement.
• Duress: If you were forced to possess the firearm under duress or coercion, this may be a defense. This typically requires demonstrating that you faced an immediate threat of harm and had no reasonable alternative but to possess the firearm.
• Necessity: In rare cases, if you possessed the firearm out of necessity to prevent a greater harm, this may be a valid defense. This defense is limited and requires demonstrating that your actions were necessary to avoid a significant and immediate threat to yourself or others.
• Second Amendment Challenges: We may challenge the constitutionality of the law under which you are charged, arguing that it infringes on your Second Amendment right to bear arms.

Frequently Asked Questions About Federal Gun Charges in New Jersey

1. What should I do if I am arrested for a federal gun offense in New Jersey? Invoke your right to remain silent and immediately ask for an attorney. Do not answer any questions or make any statements to federal agents without legal counsel present.
2. What are the penalties for unlawful possession of a firearm under federal law? The penalties are severe and can include up to 10 years in federal prison, a fine of up to $250,000, and a permanent loss of your right to own or possess firearms.
3. Can I get a federal gun charge dismissed? The possibility of dismissal depends on the specifics of your case, the evidence against you, and the strength of your defense. An experienced attorney can assess your case and advise you on the likelihood of dismissal.
4. Can I get a federal gun charge expunged from my record? Federal gun convictions are generally not eligible for expungement. However, an attorney may be able to explore other options for reducing the long-term consequences of a conviction.
5. What is the difference between state and federal gun charges? State gun charges are based on violations of state laws, while federal gun charges are based on violations of federal laws. Federal charges typically carry harsher penalties and are prosecuted more aggressively.

Additional FAQs

1. Can I be charged with both state and federal gun offenses for the same conduct? Yes, under the “dual sovereignty” doctrine, both the state and federal governments can prosecute you for the same conduct if it violates both state and federal laws.
2. What if the gun was not loaded or not in working condition? In most cases, federal law does not distinguish between loaded and unloaded firearms or functional and non-functional firearms for the purposes of unlawful possession charges. Even possessing a non-working firearm can lead to serious charges.
3. Can I be charged with a gun crime if I found a gun and was planning to turn it in to the police? While this may be a mitigating factor that a judge could consider during sentencing, it is not a defense to unlawful possession. It’s essential to consult with an attorney immediately if you find yourself in this situation.
4. What if the handgun was registered to someone else? If you are in possession of a handgun without a valid permit, even if it is registered to someone else, you can still be charged with unlawful possession. The law focuses on your lack of a permit, not the ownership of the weapon.
5. What are the potential defenses for a charge of possession of a large-capacity ammunition magazine (LCA)? Defenses to LCA charges can include arguing that the magazine was not in your possession, that you did not know it was an LCA, or that it was possessed for a lawful purpose, such as target shooting or competitive shooting. However, these defenses can be challenging to prove, and an experienced attorney will be essential in building a strong case.

Don’t Face Federal Gun Charges in NJ Alone!

Choosing Brett M. Rosen means enlisting an advocate who is unwavering in his commitment to protecting your rights and fighting for the best possible outcome. His track record of successfully defending clients against federal charges demonstrates his ability to effectively challenge the prosecution’s evidence, negotiate favorable plea deals, and, when necessary, present a robust defense at trial. Brett M. Rosen’s dedication to personalized defense strategies ensures that your case receives the focused attention and tailored approach needed to navigate the intricacies of federal gun charges.

With his deep understanding of both state and federal firearm regulations, Brett M. Rosen provides invaluable insights and legal acumen, making him an essential ally in your defense. By retaining Brett M. Rosen, you benefit from his extensive experience, strategic thinking, and unwavering dedication to achieving the best possible results for his clients. Trust in Brett M. Rosen to provide the expert legal defense you need to tackle federal gun charges in New Jersey, and take the first step towards safeguarding your future.

Facing federal gun charges in New Jersey is a serious matter with potentially severe consequences. Don’t navigate this complex legal landscape alone. Contact Brett M. Rosen, Esq., today for a free and confidential consultation. 908-312-0368 & brett@nynjcriminalcivilesq.com