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Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

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3 Unexpected Ways You Could Face a Weapons Charge

A man holding and pointing a handgun.

New Jersey has some of the toughest gun crime laws in the entire country. If you’re convicted of a weapons offense in NJ, you are likely looking at prison time. That’s because the Graves Act covers many weapons offenses and requires judges to impose mandatory terms of incarceration for offenders.

While many people understand that illegal possession of a handgun without first obtaining a valid firearms ID or handgun ownership license can lead to weapons charges, there are also a number of unexpected ways a person can face a weapons charge in New Jersey. Here are a few surprising reasons you could be charged with a gun crime in NJ:

  1. You’re an out-of-state resident driving through New Jersey and you have a gun carry permit from another state.
  2. You unlawfully transferred your firearm to another person.
  3. You were unlawfully in possession of an imitation firearm.

Out-of-State Handgun Possession Charges

Don’t make the mistake of thinking your handgun ownership license or gun carry permit from another state is applicable in NJ.

Sometimes an out-of-state resident drives through New Jersey and gets pulled over by a patrol officer for a traffic violation or for some other reason. If this happens to you, you should be aware that telling the police officer that you have a handgun in your car could constitute an admission of guilt.

The reason for this is that gun permits from other states don’t apply in New Jersey. Unless you are legally authorized to possess a handgun in NJ, you can’t carry the gun within the state. This is true even if you are just passing through New Jersey.

As set forth by N.J.S.A. 2C:39-5, anyone who illegally owns or possesses a handgun can be charged with a second-degree crime. Moreover, second-degree illegal handgun possession is punishable by 5-10 years in New Jersey State Prison.

Unlawful Disposition of a Firearm in NJ

N.J.S.A. 2C:39-9 imposes harsh penalties against anyone who disposes of their firearm in an unsafe manner. This is because lawmakers wanted to ensure public safety and guarantee that dangerous weapons don’t fall into the wrong hands.

The statute also prohibits the unlawful transport of firearms. For instance, it’s against the law to knowingly transport, ship, or otherwise bring into New Jersey a firearm for the purpose of unlawfully selling, transferring, or disposing of the gun. However, there may be defenses against this criminal charge, such as showing that you were temporarily transferring the weapon as an antique gun.

If you’re charged with the unlawful disposition of a handgun, you can be charged with a fourth-degree felony and potentially sentenced to 18 months in state prison. The unlawful disposition or transfer of a machine gun, assault rifle, or sawed-off shotgun carries even more severe penalties.

Unlawful Possession of an Imitation Firearm in NJ

Your personal BB gun could potentially land you behind bars for a long time. In addition to regulating handguns, machine guns, rifles, and shotguns, New Jersey gun laws also address the possession of imitation firearms. This means that you may be prohibited from carrying a BB gun, Airsoft gun, or pellet gun.

Although federal gun laws draw a distinction between imitation guns and actual firearms, NJ laws classify imitation guns as firearms. So you must obtain a valid carry permit for your BB gun or paintball gun – or risk being charged with unlawful possession of a weapon.

Get Help From an Experienced Criminal Defense Attorney in NJ

If you’ve been charged with a weapons offense in Cape May County, New Jersey, you need an experienced criminal defense attorney representing you throughout the legal process. The aggressive criminal defense lawyers at the Law Offices of John W. Tumelty can help you fight your criminal charges and avoid the most severe penalties.

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