Illegally Owning a Gun in New Jersey | What to Know

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New Jersey has some of the strictest gun laws in the country. As a result, it can be difficult to legally obtain a gun. But, failing to legally obtain a gun and possessing one illegally can result in serious consequences. Read on to learn more about who can own a gun, how to get one, and what punishments you can face for illegally owning one.

Can I Own a Gun?

In the United States, individuals have the right to bear arms under the Second Amendment of the Constitution. That being said, states can make their own laws as well. As a result, the following people cannot obtain a firearm in New Jersey:

  • Those convicted of aggravated assault, arson, burglary, extortion, homicide, kidnapping, robbery, sexual assault
  • Those committed for mental disorder unless there is satisfactory proof they no longer suffer from a disorder that handicaps them from handling a firearm
  • Those convicted of the unlawful use, possession, or sale of controlled dangerous substances
  • Minors under the age of 18
  • Those who are drug dependent
  • Those who have physical defects that make them unsafe to handle a firearm

Unlawful Possession Crimes 

If you wish to purchase a gun in the state of New Jersey, you will have to obtain a gun permit. If you wish to carry your guns, an additional permit is necessary, but this permit is extremely difficult to obtain in New Jersey. If you fail to follow the process of obtaining a permit and you illegally obtain a gun, you can face serious consequences. Some of the following penalties include: 

  • Unlawful possession of handguns is classified as a second-degree criminal offense.
    • This charge can subject a person to a possible prison sentence of five to 10 years in state prison. In addition, this crime violates the Graves Act, which means the offender must serve minimum imprisonment before becoming eligible for parole.
  • If a person possesses a rifle, Airsoft gun, shotgun, paintball gun, or BB gun, they can face three to five years in state prison.
  • Unlawful possession of any illegal weapons besides these is a fourth-degree crime, resulting in up to 18 months in prison.

If you have any questions or concerns regarding gun crimes and how to legally obtain a gun in New Jersey, contact our experienced firm today to speak with a criminal defense attorney who can walk you through the process.

Contact our Firm

The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation so we can assess the specific circumstances surrounding your lawsuit.

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