The Law Offices of Christopher T. Campbell

Criminal

Gun and Weapon Offenses

New Jersey has some of the strictest gun laws in the country.  Without a proper registration, you cannot possess a firearm outside of your home or place of business without risking a lengthy prison sentence.  Even when transporting a gun from place to place, there are rules.  These are limited to such reasons as to and from the shooting range, to and from a repair shop, or moving your belongings to a new residence.  There are exceptions for different types of firearms, such as antiques, those left to you by a family member, or if they physically cannot be fired for one reason or another.  What is commonplace in some states will result in very severe penalties, including a presumption of a 5 year state prison sentence, and 3 of those years to be served before you are eligible for parole.  Even possessing a BB gun or pellet gun will result in these types of serious penalties.

Guns, for example are not illegal to possess in your home or place of business, whether they are registered or unregistered.  However, transport of firearms in NJ is very strict, and can result in severe penalties, even when you follow the rules.  A few years ago, gun laws were changed so that unless you were transporting a firearm under particular circumstances to particular places for particular reasons, it is legally presumed that you will be sentenced to state prison, with a period of that time where you will be ineligible for release on parole.  Depending on the type of charge, an expert can be retained to determine whether the gun is actually operable, or if it fits the description of what is prohibited in NJ.

   Certain items are presumed to be possessed illegally, even they are frequently sold at flea markets. These include brass knuckles, switch blades, gravity knives, and, yes, BB guns, pellet guns, and air pistols.  In fact, these types of “firearms” are also included in the very severe penalties that can be imposed for mere possession outside the home.  

Other items can be possessed legally, but may become illegal if it is alleged that they are possessed with the purpose to use them illegally such as a knife or a sword.  

Penalties for non-firearm weapons possession can yield up to five years in state prison.

Firearm Purchaser's ID card applications:

Applications made at your local police department.  They are supposed to be processed and an answer given within 30 days.  

However, this is frequently easier said than done.