The second amendment in the United States Constitution allows Americans to bear arms. This means they can legally own a gun. In order to own a gun legally, an individual must go through the correct process to acquire permits. The state of New Jersey is one of the strictest states in the country regarding gun laws. If an individual is found in possession of a firearm without a permit, they may be required to face severe consequences. These consequences have the potential to worsen if the firearm was used in criminal activity. Gun laws surrounding possession are strictly enforced to ensure the safety of others.
In the state of New Jersey, residents are required to have a permit to legally purchase a firearm. In order for an individual to receive a permit, they must pass a variety of background checks to be cleared. Those who do not follow this process and purchase a weapon illegally may be subject to a range of penalties for their actions. There are many different ways an individual may commit a weapons offense in New Jersey. This may include but is not limited to:
- Unlawful concealed or open carry of a firearm
- Possession of an unregistered or stolen firearm
- Possession of a firearm without a legal permit
- Possession of an assault rifle or sawed-off shotgun
- Possession of an airsoft or BB gun
- Possession of a knife, baseball bat, or crowbar for criminal purposes
- Transporting firearms through the state of New Jersey from another state
There are different types of charges that follow the disobedience of gun laws in New Jersey. If an individual illegally possesses an airsoft or spring gun, they may be charged with a third-degree crime. It is also a third-degree crime if an individual illegally possesses a rifle or shotgun. If a person is in illegal possession of a machine gun, handgun, or assault rifle, it is a second-degree crime.
While crimes have certain punishments, there are some cases in which penalties can increase depending on the offense. There are many situations in which a crime may be upgraded to a more serious crime due to a weapons offense. For example, if a person uses a weapon during a theft, the individual may be charged with armed robbery. Similarly, penalties often worsen when there is a combination of crimes. In the state of New Jersey, offenders may be subject to the No Early Release Act. This act requires the offenders of certain crimes to serve a minimum of 85% of their sentence before they are considered for parole.
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If you or someone you know was charged with illegal gun possession and wishes to speak with an attorney, contact REM Law Group P.C. today.