As a visitor to New Jersey, it’s important to know that the state has some of the country’s strictest firearm laws. New Jersey gun laws typically require people to hold a state-issued firearm permit. As a result, you could face a serious second-degree unlawful possession charge if you bring a firearm into New Jersey, even if the gun was lawfully purchased and you have a gun permit issued by another state.
If you’ve been arrested for unlawful gun possession in Monmouth County, New Jersey, you need seasoned legal representation to advocate for you during the legal process and help you avoid life-altering consequences from a conviction. Contact Keith Oliver Criminal Law for a free initial consultation. Learn how our criminal defense law firm can help you with out-of-state gun charges in Monmouth County.
Does an Out-of-State Gun Permit Apply in New Jersey?
Some states recognize the validity of gun permits issued by other states, allowing out-of-state residents to carry firearms based on their home state’s permit. If you have a gun permit issued by your home state, you may wonder if you can visit with an out-of-state gun permit in New Jersey. Currently, New Jersey law does not allow individuals with concealed carry permits issued by other states to carry firearms in New Jersey.
Any person who wishes to carry a concealed firearm in New Jersey must hold a concealed carry permit issued under New Jersey law. New Jersey also requires individuals to obtain firearms purchaser identification cards to possess many kinds of firearms.
What Charges and Penalties Can an Out-of-State Gun Owner Face in New Jersey?
An out-of-state gun owner charged in New Jersey with unlawful possession of a firearm may face serious criminal penalties if convicted. Possessing a firearm without an applicable New Jersey permit may lead to a charge of unlawful possession of a weapon. Unlawful possession of a handgun, rifle, or shotgun constitutes a third-degree crime (felony) in New Jersey. If the weapon involved is a machine gun or assault firearm, the unlawful possession constitutes a second-degree crime (felony).
A conviction for a third-degree crime in New Jersey carries a penalty of three to five years in New Jersey state prison. A conviction for a second-degree crime carries a penalty of 5 to 10 years in prison.
The Graves Act in New Jersey mandates mandatory prison sentences and periods of parole ineligibility for firearms offenses, including unlawful possession of handguns, machine guns, and certain other firearms. A defense attorney can help first offenders apply for a prosecutor-approved Graves Act waiver.
Can Firearm Transportation Rules or Exemptions Apply?
Although New Jersey law restricts unlicensed possession of firearms, certain exceptions apply to the state’s permit requirements. For example, federal law creates a travel exception. Under the Firearm Owners Protection Act, a person may lawfully travel through New Jersey with a firearm if they can lawfully possess the firearm at their travel origin and destination.
When transporting firearms through New Jersey, individuals must keep guns unloaded and locked in a closed and fastened case, gun box, or secured package in the trunk. Individuals should also keep ammunition packed in separate containers.
New Jersey law also provides limited exemptions from the state’s firearm permit requirements, including for:
- Members of the U.S. Armed Forces or National Guard
- Federal law enforcement officers
- Members of the New Jersey State Police
- Sheriffs, sheriff’s officers, prosecutor’s detectives or investigators, and state investigators
- Corrections officers
- Civilian employees of the federal government authorized to carry firearms
- Members of New Jersey municipal or county law enforcement departments
- Campus police officers
- Airport security officers
- Special law enforcement officers
State law also provides exemptions for traveling with firearms to rifle/pistol club gun range, hunting, or sponsored firearms exhibitions.
What Happens After an Arrest in Monmouth County?
After an arrest for an unlawful possession charge in Monmouth County, police will seize the arrestee’s firearm and bring them to the police station for booking. In most cases, the Monmouth County prosecutor’s office will order the arrestee detained until their initial court appearance. A judge will review the charges and determine whether to release the defendant and decide the conditions of pretrial release.
Indictable firearms charges in Monmouth County are generally handled by Superior Court in Freehold, NJ.
What Defense and Resolution Options May Be Available?
A charge of unlawful possession of a firearm in Monmouth County may have certain defenses that allow an individual to avoid a possible conviction. Common strategies to defend against firearms charges include:
- Moving to exclude the firearm from evidence when police recovered it in an unlawful stop or search
- Asserting the travel exemption under the federal Firearm Owners Protection Act
- Challenging the state’s evidence of actual possession or constructive possession of the firearm
Individuals charged with unlawful possession of a firearm may also seek pre-trial intervention (PTI) as an alternative resolution of the weapons charges. PTI suspends a prosecution and allows a defendant to avoid a permanent criminal record if they complete the intervention program.
Because unlawful possession of a firearm can impose a mandatory minimum sentence, a defendant facing an unlawful firearm possession charge in New Jersey must obtain the prosecutor’s consent. An individual also must have no other felony convictions on their record to qualify for PTI.
A defendant may also negotiate a plea deal with prosecutors that includes a waiver of mandatory minimum sentencing, allowing Monmouth County Superior Court to impose probation rather than prison.
Why Choose Keith Oliver Criminal Law for an Out-of-State Gun Case?
Because Monmouth County prosecutors take firearms charges seriously, you need a dedicated legal advocate who will work tirelessly to help you seek the best possible resolution to your out-of-state gun case. Turn to the team at Keith Oliver Criminal Law because:
- Our law office focuses exclusively on criminal defense. Our defense attorneys have the legal knowledge and resources to build a robust defense.
- We have established working relationships with prosecutors and court staff in Monmouth County who will give fair consideration to our proposals to resolve the matter.
- Our law firm has a successful track record in criminal cases. Although our past results cannot guarantee future success, our record shows our commitment to fight for a favorable outcome for our clients.
We are honored by the reviews shared by former clients such as the following:
“I was charged with illegal possession of guns. My guns were returned to me quickly. I found Keith Oliver to be courteous, prompt, attentive, and extremely knowledgeable and helpful. I would therefore like to bring to your attention that Mr. Oliver has reinstated and buttressed my confidence in lawyers and their ability to perform admirably the jobs which they are assigned.” — Ron, past client
Contact a Monmouth County Out-of-State Gun Charge Lawyer
Have you been arrested for a gun charge while visiting New Jersey? If so, you need a knowledgeable criminal defense lawyer to help you protect your rights and seek a positive resolution to your case. Contact Keith Oliver Criminal Law for a free case review. An experienced criminal defense attorney will review your charges and discuss your legal options as a non-resident of New Jersey. We can explain the steps available if you’ve been charged with unlawful possession of a handgun in Monmouth County.