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Illegal Possession of a Handgun – N.J.S.A. 2C:39-5(b)

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Fort Lee NJ Illegal Possession of a Handgun Defense Attorneys 

Bergen County Criminal Defense Attorney with Offices in Hackensack, NJ

Weapons Possession Charges Bergen County NJ
Weapons Possession Charges Bergen County NJ

An illegal possession of a handgun charge in Bergen County NJ can have serious consequences including jail time and a permanent felony charge on your record. New Jersey has some of the strictest gun laws in the country. Under the Graves Act, a defendant charged with a firearms offense, even with no prior record, is facing mandatory state prison time and parole ineligibility. If you have been arrested on a handgun or weapons charge in New Jersey, you need straight answers from an experienced weapons offenses defense attorney.

Travis J. Tormey is the founding partner of the Tormey Law Firm, with offices in the heart of Bergen County, New Jersey. He was named one of the Top 10 Criminal Defense Attorneys Under 40 In New Jersey in 2014 by the National Academy of Criminal Defense Attorneys and also heralded as one of the Top 40 Attorneys Under 40 in the Nation in 2014 by the National Trial Lawyers Association. Mr. Tormey has extensive experience representing clients charged with illegal gun offenses, including  unlawful possession of a weapon, possession of a weapon for an unlawful purpose, and unlawful disposition of a firearm throughout New Jersey, including in Fort LeeWashington Township, and Leonia.

For a free consultation about your weapons charges in New Jersey, call (201)-330-4979, submit an online contact form, or schedule an appointment to meet with us in person at our convenient Hackensack office location. You can also review our client testimonials page for additional information and check out our client reviews on Avvo.com.

 

Success Stories in New Jersey Gun Cases 

If you or a loved one has been charged with an illegal firearm offense in New Jersey, Travis Tormey can help. Here are just a few of the weapons cases that Mr. Tormey has recently handled:

  • United States Marine charged with illegal weapons possession in Hudson County. Graves Act offense which requires jail time and parole ineligibility. Defendant sentenced to probation and no jail time.
  • United States Marine and his wife charged with illegal gun possession in Morris County. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into Pre-Trial Intervention (PTI) program, resulting in no criminal record when successfully completed.
  • 18-year-old kid and his friend charged with illegal weapons possession when visiting Cape May on vacation from their home state of Pennsylvania. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into Pre-Trial Intervention (PTI) program, resulting in no criminal record when successfully completed.

To view more of our many victories in court, access our success stories page.

 

Illegal Possession of a Handgun in New Jersey: N.J.S.A. 2C:39-5(b)

In New Jersey, N.J.S.A. 2C:39-5(b) governs charges for illegal possession of a handgun and provides, in pertinent part:

§ 2C:39-5. Unlawful possession of weapons

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

 

Penalties for Illegal Handgun Possession in New Jersey

Illegal handgun possession in New Jersey is typically a second degree crime. It is also a Graves Act offense. A second degree crime has a presumption of incarceration and a prison range of five to 10 years. The presumption of incarceration means that, even when the defendant has no prior record, it is presumed that a state prison sentence will be imposed. Moreover, because it is a Graves Act offense, there is mandatory jail time and a period of parole ineligibility. The typical minimum plea offer on a second degree handgun possession case is five years in New Jersey State Prison, with three years of parole ineligibility. This means that you must serve three years before becoming eligible for parole. In some cases, handgun possession can be a third degree crime, such as in cases of BB guns, Airsoft guns, etc. Third degree crimes have a state prison range of three to five years. Importantly, these are also Graves Act offenses, so the typical minimum plea offer is three years in state prison, with one year of parole ineligibility.

 

Free Consultation with an Experienced Washington Twp. NJ Gun Charges Lawyer

As you can see, illegal hangun charges in New Jersey are extremely serious. There are almost always mandatory state prison terms and periods of parole ineligibility. As such, it is critical to enlist an experienced criminal defense lawyer who can effectively represent you. Contact Mr. Tormey at (201)-330-4979 for immediate assistance. You can also fill out the online contact form to schedule a free consultation about your case.

Hear From Those Who Know

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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