What are the Penalties for Illegal Firearm Possession in New Jersey?

In New Jersey, we have some of the most stringent firearms laws in the nation. Consequently, it’s no surprise that penalties for possession can be equally serious. Any single firearms conviction can result in a minimum of 5 years in prison and extensive fines. 

Firearms possession charges fall under various categories, and, depending on the crime, you may be facing one or several charges. These include

• Unlawful possession of weapons if you have been found with a firearm and don’t have a permit to carry that firearm
• Unlawful possession of an illegal weapon you have been found with specific firearms that are unlawful in the state
• Certain persons not to have weapons if you have been found with a firearm but are designated as someone who is prohibited from possessing one
• Possessing a weapon for unlawful purposes if you are found with a firearm with the intention of using it in an unlawful manner
• Possessing a firearm during the commission of a CDS/bias crime if you were found with a firearm while you were committing a drug-related or intimidation crime 

Depending on the type of weapon and specific offense, each carries its own spectrum of penalties. Furthermore, penalties increase if your offense falls under the Graves Act.

If you are facing charges of illegal firearm possession, it is important to seek the help of an experienced New Jersey gun possession lawyer. Having a skilled attorney may be able to help you understand what your rights are and help you protect your freedom. 

Unlawful Possession

Unlawful possession penalties will depend on the type of firearm you were found possessing. Possession of a rifle or shotgun without a firearms ID card can result in 3 to 5 years in prison and up to $15,000 in fines. Unlawful possession of a handgun without a permit to carry is a second-degree crime that can result in 5 to 10 years in prison and up to $150,000 in fines. Because unlawful possession of a handgun falls under the Graves Act, a minimum mandatory jail sentence applies. 

Unlawful Possession of an Illegal Weapon

Some firearms are unlawful to possess in New Jersey under any circumstances. A conviction is considered a third-degree crime and can result in 3 to 5 years in prison and up to $15,000 in fines. 

Certain Persons Conviction

If you are someone who has a prior conviction and is not allowed to possess a firearm if you are found with one in your possession, it can result in 5 to 10 years in prison and you will not be eligible for parole for a minimum of 5 years.

Possession of a Firearm for an Unlawful Purpose

Possession of a firearm for an unlawful purpose is also a second-degree crime punishable by 5 to 10 years in prison and up to $150,000. It also falls under the Graves Act.

Possession of a Firearm During the Commission of a CDS or Bias Offense

Possession of a firearm during the commission of these offenses is considered a second-degree offense. Furthermore, if there is an additional conviction for possession of a firearm for an unlawful purpose, prison time must be served consecutively. 

While firearms possession is treated harshly in New Jersey, there may be several defense options available to you if you have been charged with possession. At Lustberg Law Offices, we provide diligent legal defense for individuals who have been charged with gun possession in New Jersey. Call us at (201) 880-5311 or contact us online to discuss your charges. 

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