New Jersey Weapons Charges Defense Attorney

At Putterman Legal, our New Jersey weapons charges defense attorney provides compassionate, reliable, and solutions-focused legal representation. State or federal weapons charges can carry very serious criminal consequences. You need reliable legal representation. If you or your loved one was arrested on any type of weapons offenses, including a firearms charge, we can help. Contact our New Jersey weapon offenses defense lawyer today for a fully confidential initial consultation.

An Overview of Firearms Charges We Handle in New Jersey

Putterman Legal is a criminal defense firm in New Jersey that handles all types of weapons cases, including serious felony charges. Along with other weapons offenses, our lawyer can help you take on any of the following charges: 

• Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5): The law prohibits possessing a firearm without a valid permit or license. The charge can apply to handguns, rifles, shotguns, and even BB guns or airsoft guns in certain situations. Notably, the penalties vary by weapon but may include up to ten years in prison. However, the Graves Act requires mandatory prison terms for many unlawful possession convictions. 
• Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4): The offense occurs when a person possesses a firearm with the intent to use it in the commission of a crime. The statute applies even if the weapon is never discharged. The penalties range from second- to fourth-degree crimes depending on the circumstances. Intent matters for this offense. 
• Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7): A person who has been previously convicted of indictable crimes, domestic violence offenses, or who has certain restraining orders is prohibited from possessing firearms. Violations result in separate felony charges with mandatory prison terms. No other crime is required for a conviction. 
• Illegal Transportation or Transfer of Firearms (N.J.S.A. 2C:39-9): New Jersey regulates how firearms may be purchased, sold, and transported. Transferring a firearm without a valid permit or transporting it outside of narrow statutory exceptions can result in very serious penalties. It should be noted that even crossing state lines with an otherwise lawful weapon may trigger New Jersey prosecution.

Understanding New Jersey Gun Laws and Weapons Offenses

New Jersey gun laws are among the strictest in the nation. Gun laws in New Jersey require permits for purchasing firearms and severely restrict where and how you can carry weapons. New Jersey weapons laws prohibit many types of firearms that are legal in other states, including assault weapons and certain high-capacity magazines.

Illegal possession of a firearm occurs when someone has a gun without the proper permits or licenses. Illegal possession charges can range from a disorderly persons offense to a second-degree crime depending on the circumstances. Even illegal possession of ammunition can result in criminal charges.

Gun charges in New Jersey often carry mandatory minimum sentences under the Graves Act. This law requires judges to impose prison time for certain firearm offenses, with limited ability to reduce sentences. Understanding these weapons laws is critical when facing gun charges.

Common Types of Gun Crimes and Weapon Offenses

Gun crimes encompass a wide range of weapons offenses in New Jersey. Unlawful possession of a machine gun is a second-degree crime carrying five to ten years in prison. Machine gun possession is treated very seriously, and most gun offenses involving automatic weapons result in severe penalties.

Firearm possession charges can involve handguns, rifles, shotguns, or other weapons like assault firearms. An assault firearm is defined under New Jersey law and includes specific semi-automatic weapons with certain features. Possession of a firearm without proper permits can be a third-degree crime or higher.

Gun offenses also include possession of a weapon for an unlawful purpose. This means having any weapon, not just firearms, with intent to use it unlawfully. Possession of a weapon for an unlawful purpose can involve knives, deadly weapons, or other weapons beyond firearms. These charges often accompany other serious offenses like aggravated assault.

Weapons Related Offenses and Associated Crimes

Weapons related offenses often appear alongside other criminal charges. Domestic violence cases frequently involve gun charges when firearms are present during an incident. A domestic violence restraining order can prohibit firearm possession, making any subsequent possession of a firearm a separate criminal offense.

Crimes involving weapons may include aggravated assault, robbery, or drug offenses. When someone commits aggravated assault with a deadly weapon, they face enhanced penalties. Similarly, illegal firearm possession during drug trafficking can lead to federal prosecution.

Aggravated sexual assault charges may be elevated when weapons are involved. Any weapons crime committed alongside violent felonies results in multiple charges and increased penalties. Certain persons who have been convicted of these serious crimes face lifetime prohibitions on firearm possession.

Federal Weapons Charges and Enforcement

For the most part, weapons offenses are handled at the state level. However, there are certain circumstances where a person could face a federal criminal charge for a weapons crime, especially if it is a firearms violation. Federal charges may apply when weapons cross state lines, are linked to drug trafficking or organized crime, or involve prohibited firearms under federal law. These cases are prosecuted under statutes such as 18 U.S.C. § 922.

Federal gun charges often involve the Guns Task Force, which targets illegal firearms trafficking. The guns task force investigates cases where weapons are transported across state lines or linked to controlled dangerous substances. Federal gun crimes carry different penalties than state charges and are prosecuted in federal court.

Certain firearm offenses automatically trigger federal jurisdiction. Possessing a firearm as a convicted felon, trafficking in illegal firearms, or manufacturing weapons without proper licensing can all result in federal prosecution. These cases involve different procedures and often result in longer prison sentences than state charges.

Defense Strategies for Weapons and Gun Charges

Building a strong defense against weapons and gun charges requires examining every aspect of your case. Illegal search and seizure violations can lead to suppression of evidence. If police found your weapon through an illegal search, the gun charges may be dismissed.

Many gun charges rely on only the police account of events. Your skilled defense attorney will investigate witness statements, video evidence, and physical evidence to challenge the prosecution’s version. In some cases, not guilty verdicts result from proving the defendant possessed the firearm legally or had no knowledge of the weapon’s presence.

Challenging the specific charge classification can reduce penalties significantly. A second-degree offense carries much harsher penalties than a third-degree offense. Your criminal defense attorney will examine whether the prosecution can prove all elements of the higher charge beyond reasonable doubt.

The Graves Act and Mandatory Minimum Sentences

The Graves Act imposes mandatory minimum prison sentences for many firearms offenses. Under the Graves Act, certain gun offenses require at least three years in prison with parole ineligibility. This law applies to unlawful possession, possession of a weapon for an unlawful purpose, and certain persons offenses.

Graves Act waivers are possible but difficult to obtain. Prosecutors have discretion to recommend a waiver, allowing judges to sentence below the mandatory minimum. Your experienced criminal defense attorney will negotiate with prosecutors to seek a Graves Act waiver when appropriate.

The Graves Act creates unique challenges in weapons cases. Even first-time offenders with no prior criminal record face mandatory prison time for covered offenses. This makes having an experienced attorney critical when facing gun charges in New Jersey.

How Weapons Charges Affect Your Future

A conviction for weapons charges creates lasting consequences beyond prison time. A criminal record for gun crimes affects employment, professional licenses, and housing opportunities. Many employers refuse to hire anyone convicted of weapons offenses, particularly in positions requiring security clearances.

Second-degree crimes and third-degree crimes involving weapons are considered serious felonies. These convictions can result in loss of voting rights, prohibition on firearm possession, and difficulty obtaining loans or financial aid. The criminal justice system imposes severe penalties that extend far beyond the initial sentence.

Fourth-degree crimes and disorderly persons offenses carry lighter sentences but still create a criminal record. Even a petty disorderly persons offense related to weapons appears on background checks. Avoiding conviction should be the primary goal when facing any weapons related offenses.

Diversion Programs May Be Available

Veterans facing criminal charges in New Jersey may qualify for the Veterans Diversion Program under N.J.S.A. 2C:43-12. The program recognizes the unique challenges that military service can create, including substance abuse and mental health conditions. Instead of traditional prosecution, eligible veterans receive treatment, counseling, and supervision. Successful completion can result in dismissal of charges. 

The Veterans Diversion Program applies to some weapons offenses, though certain serious charges may not be eligible. Your criminal defense lawyer will evaluate whether you qualify for this program and advocate for your admission. Veterans who complete the program avoid a criminal conviction and can move forward with their lives.

Other alternative sentencing options may include Pretrial Intervention (PTI) for first-time offenders. While PTI is less commonly available for weapons charges than other crimes, certain circumstances may allow participation. Your legal team will explore all options for avoiding conviction and the collateral consequences that follow.

Bonnie Putterman is a Top New Jersey Criminal Defense Attorney

New Jersey has strict weapons laws. In some cases, weapons allegations can also lead to federal criminal charges. If you are facing a weapons charge, it is imperative that you have strong and experienced legal representation. Bonnie Putterman is a top-tier criminal defense lawyer. Our client testimonials demonstrate what we can do for people like you.

Our New Jersey criminal defense attorneys include certified criminal trial attorneys with extensive experience handling gun charges. Our law firm has achieved positive results in hundreds of criminal cases involving weapons offenses. We serve clients throughout New Jersey from our law office.

Along with other things, our New Jersey weapons crime defense attorney is prepared to: 

• Hear your story and answer questions about your rights/your options; 
• Investigate the weapons charge, with a focus on gathering exonerating evidence; 
• Represent you in any plea negotiations with the prosecution; and
• Develop a personalized defense strategy focused on delivering the best outcome. 

Our legal team understands the complexities of New Jersey gun laws and federal weapons statutes. We know how to challenge illegal searches, suppress evidence, and negotiate with prosecutors. Whether you face charges for unlawful possession, illegal firearm trafficking, or weapons related offenses, our experienced attorney team provides dedicated representation.

Weapons Charges in New Jersey: Frequently Asked Questions (FAQs)

Contact Our New Jersey Weapons Crimes Defense Attorney Today

At Putterman Legal, our New Jersey weapons defense attorney has the professional expertise that you can trust when it matters most. Arrested for weapons charges? We are more than ready to help you raise a defense. Contact us right away to set up your confidential, no-commitment initial case evaluation.

We defend weapons charges throughout the State of New Jersey. Our law office provides free consultation appointments to discuss your case and explain your options. Call our law firm today at (609) 625-8383 for a free consultation and learn how our legal team can help.

Whether you face charges for illegal possession of a firearm, possession of a weapon for an unlawful purpose, or any other weapons-related offenses, our New Jersey gun lawyers are ready to fight for you. Contact us now for a free consultation and start building your strong defense strategy against gun charges.