Gun Possession

New Jersey Gun Possession Attorney

While you may legally own a firearm, there are circumstances when it can be illegal to have it in your possession. As an example, you legally own the gun which is registered in your name, but, it is illegal for you to have it loaded under the seat of your car. There are statutes in NJ that control where you can legally have the gun, and how you have to transport it when you are not in your home or at the target range. This one charge can result in you being sentenced to prison, with a mandatory period of parole ineligibility – for a gun you legally own.

If you are charged with the illegal possession of a firearm, even if you own it, consult with an experienced criminal defense lawyer to learn what your options are to defend your freedom. Call Howard Bailey at 973-982-1200 for a free consultation.

Defending a Possession of a Firearm Charge

A typical defense should first argue that the facts do not support a belief that you intended to possess the gun in an illegal manner. The defense can then argue that the law as applied in your case should not require either a conviction or a prison sentence. The problem is that as written and interpreted, the law is being strictly applied and people convicted of this charge who legally owned the gun, are exposed to conviction and imprisonment.

In a recent case, Howard Bailey was able to convince the prosecutor that the gun was not ‘illegally’ possessed, and the client was admitted into PTI for a six-month period. Six months after he completed the short diversion, he was eligible to expunge his record of the arrest. In another recent case, Mr Bailey was able to convince the prosecutor that the handgun had been legally transported, and that it had been taken out of the case to show someone the gun when it was observed and the cops were called. The charges were subsequently dismissed. In each of these cases, the client was exposed to the mandatory sentencing requirements of the statute if they had been convicted.

Firearm Possession and Other Types of Crimes

In many cases, the cops do not charge only ‘Possession of the gun’ but also charge other crimes related to what happened while you had the gun. Was someone threatened with the gun? Was the gun used to commit another crime? Was anyone injured? These and other facts will decide what charges get filed.

If you are charged in NJ with any crime related to the possession of a handgun or other firearm, consult immediately with an experienced certified criminal trial and defense attorney. Call Howard Bailey at 973-982-1200 for a free consultation.