Weapon Charges Attorney in Hackensack, New Jersey

Being charged with a weapons crime in New Jersey can quickly turn your life upside down. New Jersey has some of the country’s strictest weapons laws, and violating those laws means that you may be facing massive fines and years of imprisonment. A weapons charge can be devastating and have serious charges, especially when you consider the ramifications a criminal conviction can have on your life.

If you or a loved one is facing weapons charges in New Jersey, you need a knowledgeable and loyal attorney at William J. Quirk, Esq., LLC to fight for your rights and help tell your side of the story. Attorney William Quirk fiercely advocates for clients in Hackensack, New Jersey, Clifton, Paterson, and the West New York area. He is a criminal defense attorney that can guide you through the process if you have been arrested for a weapons charge, gun crimes, criminal possession of a firearm/weapon, or carrying unlawful weapons.

Common Weapons Charges in New Jersey

New Jersey gun laws and weapons charges are strict and extremely broad. Some of the more common weapons charges that can be brought against you include the following:

• Unlawful possession of a handgun

• Possession of an illegal weapon

• Possession of a legal weapon, but you do not have the proper permits

• Possession of a weapon while committing some other type of crime, such as burglary

• Bringing a weapon onto school property

• Possessing a weapon without legal authorization, such as while you are on probation, parole, or while subject to a restraining order

• Unlawful use of an imitation weapon, such as a BB gun or paintball gun

• Carrying a firearm without a permit

Unlawful Carrying of Weapons

While most states - including New Jersey - allow the carrying of weapons, there are instances when carrying a weapon is considered unlawful. These instances generally revolve around previous charges. New Jersey law makes it unlawful to carry a gun without a proper permit or license and also makes it against the law to possess, carry, or use a weapon for an unlawful purpose.

New Jersey Open Handgun Carry Law

In New Jersey, like most other states, there are mechanisms for allowing the carrying of a firearm. Still, given the strictness of its gun laws, it’s no surprise that this permit is challenging to obtain. In addition, the license to carry firearms applies to both open and concealed carry and can be ostensibly issued to any citizen that can demonstrate a need to be armed. In practice, permits are flatly refused to private citizens and mostly issued to civilian security personnel or armored car drivers.

Additionally, the state has no reciprocity agreements with other states, meaning it does not honor other states’ concealed carry permits.

Where Weapons are Prohibited

The state of New Jersey has no statutes prohibiting the possession of firearms with a proper permit in the following locations; although administrative regulations may apply in:

• Parks

• Hospitals

• Places of worship

• Bars or restaurants with alcohol

• Sports arenas

• Gambling facilities

• Polling places

Unlawful Weapons

Unlawful weapons are weapons that are not legally allowed to be held, and they can have serious consequences. Some of these include:

• Sawed-off shotguns

• Untraceable weapons, including:

  • Defaced firearms

  • Armor-penetrating bullets

• Homemade explosives

• And others
  

Possible Penalties

Typically, weapons charges are filed as felony crimes of the second to fourth degree. Charges and penalties for basic weapons offenses include:

• Second-degree: five to ten years in prison and a fine of up to $150,000.

• Third-degree: three to five years in prison and a fine of up to $15,000.

• Fourth-degree: Up to 18 months in prison and a fine of up to $10,000.