New Jersey Weapons Charges Lawyer

Under federal law, you have the right to purchase, possess, and use firearms. However, this right comes with many important restrictions in the state of New Jersey. Our state’s gun laws are known for being some of the most restrictive in the country. If you violate any of these laws, you could face steep penalties – including incarceration and losing the privilege of gun ownership in the future.

At William Proetta Criminal Law, we understand the stakes are high if you have been charged with a gun crime in New Jersey. Our trusted New Jersey gun defense attorneys have the extensive experience and resources of a large law firm combined with the personalized service of a hometown firm. We will protect your rights and fight for the best possible outcome in your case.

Contact us today for a free and confidential consultation with a trusted weapon charges lawyer. Our attorneys work with people who have been charged with gun crimes in Ocean, Hudson, Middlesex, and Union counties and across New Jersey.

Types of Weapons Charges We Can Help You Fight

Our New Jersey gun defense lawyers at William Proetta Criminal Law have extensive experience helping those charged with weapons violations, including:

Possessing a weapon for an unlawful purpose

Using a gun to threaten another person or for any other unlawful purpose, whether or not you are legally allowed to possess the gun.

Unlawful possession of a weapon

Purchasing or possessing a gun in New Jersey despite a disqualifying criminal record or a history of institutionalization.

Possessing a weapon without a permit

Purchasing or possessing a gun without properly registering it in New Jersey, even if you purchased the gun legally in another state.

Possessing a weapon during the commission of a crime

Using a gun while committing any crime typically results in harsher penalties for the principal crime.

Assault with a deadly weapon

Injuring or threatening to injure another person with a deadly weapon. Keep in mind that you can face assault charges in New Jersey even if you did not actually cause injury to the other person.

Brandishing a weapon

Pointing a firearm at another person with reckless disregard for their safety, even if you never end up firing the gun.

Firearms and weapons trafficking

Selling firearms or other weapons in New Jersey without a proper Retail Firearms Dealers License.

Our experience allows us to identify issues in the prosecution’s case that may result in getting your gun charge reduced or dismissed altogether. If a plea deal is in your best interests, we will negotiate for the minimum possible sentence. And if you decide to fight your charges at trial, we will put up a fierce defense on your behalf.

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How Our New Jersey Gun Defense Attorneys Can Help You

When you are facing weapons charges in New Jersey, selecting the right attorney to represent you is a crucial decision. You need a criminal defense lawyer who knows New Jersey laws, the justice system, and local prosecutors and judges. At William Proetta Criminal Law, we could help you defend your legal rights by:

Answering your questions and evaluating the details of your case in a confidential and free consultation

Explaining all charges you might face and the potential penalties, so you understand what to expect

Investigating the charges and evidence against you to identify inconsistencies, irregularities, or errors in the prosecution’s case

Filing motions to get unlawfully obtained evidence suppressed in court

Arguing to have the charges against you reduced or dismissed

Preparing a solid and thorough defense on your behalf and representing you in court, if you need to go to trial

Understanding New Jersey Weapons Laws

weapons charges lawyer

New Jersey is widely known for having some of the most restrictive weapons laws in the U.S. Some of the most important areas that New Jersey gun laws cover are:

Age limits – New Jersey residents under the age of 18 are prohibited from purchasing, possessing, or using any firearm. Residents under 21 are also prohibited from purchasing, possessing, or using a handgun unless they obtain a handgun permit or receive authorization from an employer.
Identification requirements – You must obtain a firearm purchaser ID card to purchase a rifle or shotgun and another special permit to buy any handgun. To obtain a permit or ID card, you will need to pass a background check, answer questions, and provide multiple references.
Purchase restrictions – You are prohibited from purchasing a gun in New Jersey if you have previously been convicted of a crime or a domestic violence-related disorderly persons offense. You are also prohibited if you have ever been institutionalized for a mental disorder, are on a terror watch list, or have been convicted on controlled substance charges.
Handgun restrictions – Unless you are a current or former law enforcement officer, you will need a special permit to carry a handgun. To obtain a handgun permit, you must prove to a judge that you have a “justifiable need” to protect yourself from specific threats to your life. You are also required to get a firearm purchaser ID before you can buy handgun ammunition.
Assault weapons ban – New Jersey residents have been prohibited from possessing any assault weapons since 1990. State laws include specific examples of banned assault firearms and also ban the possession of “substantially identical” firearms that are not specifically named.
Magazine restrictions – If you possess a semiautomatic gun, you are prohibited from using a magazine that can hold more than 10 rounds of ammunition.
Bump stock restrictions – New Jersey residents are banned from possessing bump stocks, which are special accessories that allow guns to fire more quickly.
Transportation restrictions – New Jersey law only allows you to transport a gun by vehicle if you ensure that it is unloaded, lock it in a case, and keep the case in a spot that is inaccessible to vehicle occupants, such as the trunk.
“Ghost gun” restrictions –You are prohibited from creating or possessing “ghost guns,” which are homemade guns built from untraceable components.

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What Are the Common Defenses to Gun Charges in N.J.?

weapons charges lawyer

If you have been charged with a gun-related crime in New Jersey, you may be understandably concerned about how a conviction could impact your life. Fortunately, the experienced gun defense attorneys of William Proetta Criminal Law can help you fight back. Common defenses to gun charges include:

You were not in possession of a gun –The simplest defense to unlawful possession charges often involves demonstrating that the weapon in question was not actually in your possession at the time of your arrest.
You were in possession of the gun legally –If you have been charged with unlawful possession, you can also provide evidence to demonstrate that you had a legal right to purchase or possess the gun.
You were using the gun in self-defense –If you have been charged with brandishing a gun or assaulting another person with a gun, you can present evidence showing that you were only doing so because you believed your life was at risk.
The evidence against you was not obtained legally –If police officers or prosecutors attempt to use evidence against you that was obtained through illegal search or seizure, your attorney can file a motion to have the evidence suppressed.

Understanding the Penalties for a Weapons Conviction in New Jersey

The penalties for a weapons conviction in New Jersey can vary depending on several factors, including whether you were legally in possession of the weapon, whether you were using the weapon to commit a crime, and whether you harmed or threatened to harm anyone with the weapon.

Under New Jersey law, the least serious gun violations are prosecuted as petty disorderly persons offenses or disorderly persons offenses, which are roughly equivalent to misdemeanors in other states. More serious violations, on the other hand, are prosecuted as indictable crimes, which are similar to felonies in other states. The penalties for various degrees of gun crimes may include:

Petty disorderly persons offenses – Up to $500 in fines and up to 30 days in jail
Disorderly persons offenses – Up to $1,000 in fines and up to six months in jail
Fourth-degree indictable crimes – Up to $10,000 in fines and up to 18 months in prison
Third-degree indictable crimes – Up to $15,000 in fines and three to five years in prison
Second-degree indictable crimes – Up to $150,000 in fines and five to 10 years in prison
First-degree indictable crimes – Up to $200,000 in fines and 10 to 20 years in prison

Keep in mind that you can face more severe penalties for other crimes if you were caught using a weapon to commit those crimes. You can also be charged with unlawful possession even if you do not commit any other offenses.

Frequently Asked Questions About New Jersey Weapons Charges

Here are straightforward answers to some of our clients’ most frequently asked questions about weapons charges in New Jersey:

What is considered an illegal firearm in N.J.?

New Jersey law prohibits or restricts the possession of several types of firearms and firearm accessories. Assault weapons are banned entirely, as are machine guns and sawed-off shotguns. Possessing a handgun is also prohibited unless you are a current or former police officer, or you have a special permit. Finally, gun accessories such as silencers and high-capacity magazines are prohibited.

Who is not allowed to buy a weapon in N.J.?

No one under the age of 18 can purchase a firearm in New Jersey, and residents under the age of 21 are prohibited from purchasing a handgun without a special permit or authorization. Certain individuals are also entirely barred from purchasing guns in the state, including those convicted of violent crimes, serious drug violations, or domestic violence offenses.

Do I need a lawyer if I am charged with a N.J. weapons offense?

Yes, you should seek help without delay. Time is of the essence. The sooner you get an experienced criminal defense attorney on your side, the sooner you can protect your rights and develop a defense strategy that works best for you and your circumstances.

Excellence and Professionalism
From beginning to end Mr. Proetta And his team handled the situation flawlessly. Very knowledgeable and extraordinary performance on trials annihilating the other party by meticulous cross examinations and other techniques. Nothing less than phenomal! Juan P.

Fantastic Experience
The price was reasonable. The communication and services were amazing. Anyone looking to be safe and in good hands should go with Mr. Proetta. Client

Reliable Attorney!
I already knew I was going to retain this man by just talking with him over the phone for the 1st time.. He's confident and knows his stuff.. Very reliable and what he says he means..... Retain Him!!!!!!! Andrea

Get Help from a Skilled New Jersey Weapons Charges Attorney Today

The New Jersey weapons charges attorneys of William Proetta Criminal Law are committed to defending those accused of gun crimes. Contact us today to discuss the details of your situation in a free, confidential case review.