New Brunswick Gun and Weapon Charges Lawyer

New Jersey attorney defends individuals against gun charges

Laws addressing firearms vary from state to state. It is important to remember that conduct permissible in other jurisdictions could lead to extended incarceration here. The Law Offices of Eric B. Morrell is committed to safeguarding the fundamental rights of clients facing prosecution for firearms-related offenses under New Jersey law. I am a New Brunswick gun and weapons charge lawyer who advocates aggressively for defendants in state and federal cases. 

Types of gun and weapon charges

The following are some of the most common gun-related prosecutions in New Jersey: 

• Unlawful possession — Holding a handgun without a Permit to Carry or a possessing a rifle without a Firearms Purchaser Identification are indictable crimes, the New Jersey equivalent of felonies. 
• Possession of a weapon for an unlawful purpose — This crime relates to the defendant’s intent rather than the act of carrying the firearm. It is often charged in conjunction with unlawful possession, but it can apply even if the weapon in question was possessed legally. 
• Illegal manufacture, transport and disposition — These crimes include making certain types of highly dangerous weapons and defacing guns so that they cannot be identified. Unlicensed sale of firearms and transportation of guns to facilitate their illegal disposition also are crimes. 

In cases alleging these gun and weapon offenses and others, my firm will push back against unwarranted accusations and press for a favorable resolution. 

Federal vs. New Jersey gun crimes

Firearm offenses can be prosecuted under both state and federal laws. New Jersey has some of the toughest gun control statutes in the country, which include preventing firearm ownership for individuals subject to domestic violence restraining orders and requiring a Permit to Carry any handgun, even if concealed. Federal laws ban firearm possession for convicted felons and the unauthorized sale or trafficking of guns. If you’re facing a federal prosecution, the punishment could be tougher due to mandatory sentencing laws. It is critical to retain lawyer familiar with federal courts and criminal procedure. 

Charges that can be brought against licensed firearms carriers

Even if you have a valid license to carry a firearm, you can be arrested and convicted on various types of possession charges. For example, possessing, storing or selling a stolen gun is a federal crime. There are also special rules that prohibit firearms in certain places, including schools, courthouses and airports. 

Potential penalties for a New Jersey gun charge conviction

Possession of a firearm or explosive for unlawful purposes is a second-degree crime in New Jersey. A conviction can result in a sentence of five to 10 years. If the charge involves a different type of weapon than a gun, it is a third-degree crime punishable by three to five years’ imprisonment. Unlawful possession is a second-degree crime for matters involving handguns and a third-degree crime for some other types of firearms, such as rifles and shotguns. If the unlawful weapon is not a gun, possession is a fourth-degree crime with a maximum 18-month sentence. 

Legal defenses for gun and weapon charges

There are numerous ways to defend against a prosecution relating to a gun or other weapon. Some matters raise issues of an individual’s Second Amendment right to bear arms or their Fourth Amendment protection against illegal searches and seizures. If a gun was brandished or fired, the accused might have been acting out of self-defense or protecting someone else. You might also be accused of possession when the firearm is near you but not actually in your possession. As a longtime criminal defense attorney in New Brunswick, I know how to develop formidable arguments relating to intent, justification and law enforcement overreach. 

Contact a dedicated New Jersey for a free consultation regarding a gun charge

The Law Offices of Eric B. Morrell in New Brunswick defends clients charged with firearm and weapon offenses throughout Middlesex, Somerset and Union counties, as well as other New Jersey locations. Please call 908-768-3837 or contact me online for your complimentary consultation.