A shootout in Trenton left two individuals wounded and police with no real evidence regarding who actually participated in the shootout and unable to locate the firearms used. One of the wounded individuals was the driver of one of the vehicles involved in the shooting, but even though eyewitnesses claim the driver was in possession of a firearm and later discharged of it, police were unable to locate any weapon following a thorough search. The other individual believed to have been involved was admitted for a minor gunshot wound, but police are not sure whether he was actually involved or simply a bystander.
Weapons Offenses in New Jersey
New Jersey has very strict laws related to the possession of firearms and handguns. In the last decade, state legislators have passed laws to restrict the ability of individuals to own certain types of weapons and accessories, and have made the penalties associated with such ownership severe. Additionally, any handgun owner in New Jersey must have a permit to carry such weapon, either in the open or concealed. Failure to have a permit while in possession of handgun is a second-degree crime which, under New Jersey law, carries a minimum punishment of five years in state prison, with three years of ineligibility for parole.
Firearm Ownership Requirements in New Jersey
Even though the Second Amendment to the US Constitution guarantees individuals the right to possess firearms, states are allowed to put certain requirements on gun ownership. New Jersey has placed some of the most extensive restrictions in the nation on gun ownership, which carry extensive penalties. Those restrictions include:
- A state-issued permit to purchase any firearm, including rifles and shotguns. Permits for rifle and shotgun purchases are lifetime permits; handgun purchase permits are valid for 90 days.
- Registration of each handgun with the state. Registration is not required for rifles and shotguns.
- Permits are required for the concealed carry of any handgun, and permits are required for the open carry of any firearm.
- Ownership of assault firearms is banned, the only exceptions being for law enforcement officers and assault weapons purchased prior to 1990.
- Background checks are required for the purchase of any firearm.
Violations of these requirements are punishable by law and carry stiff penalties and jail time.
Being Charged with a Weapons Offense in New Jersey
If you have been charged with a weapons offense in New Jersey, it is important to consult with an attorney regarding your rights. The penalties for illegal possession of a firearm are severe and should not be ignored. The individuals in the situation described at the beginning should not wait to consult an attorney either. Under the law, it falls to the individual to prove that they are or were legally in possession of the firearm, the presumption being that they were not legally in possession. An experienced criminal defense attorney would be able to advocate for you and understand the nuances in proving possession of the firearm.
Contact an Experienced Hamilton Township Criminal Defense Lawyer About Your Weapons Offense Charges in New Jersey
Were you arrested or charged with weapons offenses in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at The Davis Law Firm, LLC have successfully represented clients charged with weapons charges in Princeton, Windsor, Hamilton Trenton, and throughout New Jersey. Call 609-587-9100 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 2653 Nottingham Way, Hamilton Township, NJ 08619.The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.