Gun Crimes Defense Attorney in New Jersey

Your Rights Matter—Our Defense Is Your Advantage

If you face gun charges in New Jersey, the team at Roberts & Teeter, LLC helps you protect your future from day one. Our gun charges defense attorneys understand what is at stake. We focus on defending your reputation, record, and freedom. You get personalized support at every stage.

Many clients worry about their families, jobs, and futures when facing firearm accusations. We recognize that one arrest can affect employment, relationships, housing, and travel for years. Our team sits down with you to explain potential risks, answer your questions, and prepare you for every possibility.

Protect your freedom now. Contact a dedicated gun charges defense attorney in New Jersey at (732) 607-5553 or reach out online to schedule your free consultation—we offer affordable services and 24/7 availability.

Understanding New Jersey Gun Laws and Weapon Offenses

Most criminal gun charges in New Jersey fall under a few critical statutes within the New Jersey Code of Criminal Justice (N.J.S.A. Title 2C). It provides a long list of definitions used throughout the section to define various terms. 

The code also contains certain presumptions, such as that any weapon found in a vehicle belongs to everyone in the vehicle and a person found to be possessing a weapon is assumed not to have a valid license or permit for the weapon until they prove otherwise.

The key distinction in many of these cases is whether the defendant had the required state permit or was in possession of a prohibited weapon.

1. Unlawful Possession of a Weapon

New Jersey imposes strict criminal penalties for possessing firearms and other weapons without the required permits or lawful purpose. The severity of the charge depends on the type of weapon involved and the circumstances of possession. 

Some weapons are illegal only when possessed without proper authorization, while others are prohibited outright regardless of intent.

• Handguns: Possession without a valid permit is typically a second-degree crime.
• Assault Firearms & Machine Guns: Possession without the narrowly issued permit is a second-degree crime.
• Rifles & Shotguns: Possession without a valid Firearms Purchaser Identification Card (FPIC) is generally a third-degree crime.
• Destructive Devices (explosive weapons): Always illegal; third-degree crime.
• Sawed-Off Shotguns: Always illegal; third-degree crime.
• Silencers: Illegal to possess; fourth-degree crime.
• Defaced Firearms: Firearms with altered, obscured, or removed serial numbers or identifying marks are illegal.
• Certain Other Weapons: Items such as gravity knives, switchblades, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sand clubs, and slingshots may result in a fourth-degree crime when possessed without a lawful purpose or under circumstances not manifestly appropriate for lawful use.
• Ammunition: Possession of hollow-point (“dum-dum”) or body armor–penetrating bullets is a fourth-degree crime, subject to limited exceptions.
• Stun Guns: Possession may result in a fourth-degree crime, depending on circumstances.
• Handcuffs: Possession not manifestly appropriate for lawful use may be charged as a disorderly persons offense.

Limited exceptions may apply for certain law enforcement personnel, individuals guarding nuclear facilities, and licensed wholesale firearm dealers.

2. Possession of a Weapon for Unlawful Purpose

This charge occurs when a person possesses any weapon (even if legally owned) with the intention of using it unlawfully against a person or property. This is a severe charge, often a Second Degree crime, and always triggers the Graves Act.

Under this statute, there are five kinds of weapons that may be possessed for unlawful purposes.

In order of the most serious, they include:

• Firearms. Any person who possesses a firearm with the intent to use it unlawfully against another person or property is guilty of a second-degree crime. Here, it is important to understand that the person does not have to fire the weapon to be considered using it.
• Explosives. It is a second-degree crime to possess an explosive with the purpose of using it unlawfully against another person or property.
• Destructive devices. Second-degree.
• Other weapons possessed to use them unlawfully against another person or property is a third-degree crime.
• Imitation firearms. Possessing a fake firearm that would lead a reasonable person to think it was real, when possessed for an unlawful purpose, is a crime of the fourth degree.

3. Certain Persons Not to Have Weapons

This statute prohibits individuals who have certain prior criminal convictions, a history of domestic violence, or who have been committed to a mental institution from possessing a firearm. This is often a Second Degree crime and also subjects the defendant to mandatory minimum sentencing.

As your gun charges defense attorney in New Jersey, we analyze every detail of the stop, search, and seizure to determine if the state can prove every element required for conviction under these harsh statutes.

4. Weapons Possessed in Conjunction with Drugs

The legislature has created a separate statute with separate enhanced penalties for when drugs and guns are found together. Under 2C:39-4.1a, any person found to be in possession of a firearm while distributing or attempting to distribute drugs is guilty of a second-degree crime. 

The same is true if a person possesses a weapon other than a firearm, such as a knife, if the person intends to use the weapon unlawfully while distributing or attempting to distribute drugs. Importantly, a conviction under this statute does not merge with the drug conviction and the sentences will run consecutively.

Penalties and The Graves Act in New Jersey

The most significant threat in any New Jersey gun case is the application of the Graves Act (N.J.S.A. 2C:43-6(c)). This law removes much of the judge's discretion and imposes mandatory minimum prison sentences with periods of parole ineligibility for most firearm offenses, including simple unlawful possession.

If you are convicted of a Graves Act offense, you face immediate, non-negotiable prison time:

• Second Degree Crimes (Handguns, Assault Weapons): The mandatory minimum period of parole ineligibility is the greater of 42 months (3.5 years) or one-third to one-half of the total sentence imposed. This means you must serve this time before you are even eligible for parole.
• Third Degree Crimes (Rifles/Shotguns): These often carry a mandatory minimum parole ineligibility period of 18 months.

The Graves Act means that simply traveling through the state with a legally owned out-of-state handgun can lead to a minimum prison term of over three years. We understand that fighting the Graves Act is the absolute priority in any defense by a competent New Jersey gun crimes lawyer.

Collateral Consequences

Beyond prison time, a gun crime conviction results in a permanent criminal record that cannot be expunged for many years—if ever. You will lose your Second Amendment rights permanently under federal law, face the revocation of professional licenses, and may experience significant difficulty finding employment or housing. Because we are committed to communicating with clients, we ensure you are fully aware of these long-term impacts before making any decisions about your case.

Our Comprehensive Defense Strategy as Your New Jersey Gun Crimes Lawyer

Fighting a Graves Act case demands skill that goes beyond typical criminal defense. As your dedicated New Jersey gun crimes lawyer, our firm employs strategic defenses designed to dismantle the prosecution's case.

• Challenging Constitutional Rights (Fourth Amendment): The vast majority of unlawful possession cases begin with an investigatory stop or a vehicle search. We attack the legality of the police conduct, seeking suppression of the seized evidence.
• Lack of Probable Cause: We argue that the police lacked the necessary legal grounds to stop your vehicle or search your person.
• Unlawful Search or Seizure: If the gun was found during a search without a warrant, we demand proof that consent was voluntary or that a valid exception to the warrant requirement existed. If we can show that the police violated your Fourth Amendment rights, the gun evidence may be thrown out, which can lead to a dismissal of the charges.
• Attacking the Knowledge Element: For individuals who borrow a car, live with roommates, or are unaware of a weapon's presence, we argue that the prosecution cannot prove the client had the requisite knowledge of the weapon or the intent to control it. This is particularly effective in constructive possession cases where the evidence is purely circumstantial.
• Securing Mitigation Through the Waiver Process: When the evidence is strong, we shift focus entirely to the Graves Act Waiver. We highlight mitigating factors such as:
  • An isolated and aberrational incident.
  • Minimal or no exposure of the firearm to the public.
  • Confusion arising from legally possessing a weapon in another state.

We pursue a waiver that may result in a reduced mandatory minimum (down to one year) or, in the best circumstances, admission into the Pre-Trial Intervention (PTI) program, which can result in the eventual dismissal of the charges and no criminal record.

Personalized Guidance from Your Dedicated Defense Team

When you choose Roberts & Teeter, LLC, you partner directly with attorneys Michael Brett Roberts and Matthew Teeter. Every client receives attention from a gun charges defense lawyer in New Jersey with years spent in criminal courts statewide. 

Unlike at larger firms, we never pass your case off to paralegals or junior staff. Our client-focused approach means you always speak with the lawyers representing you. We communicate updates and explain your options so you never feel overlooked or left in the dark.

We handle only criminal law cases, giving us a close view of current statutes, emerging court decisions, and changing local practices around firearms charges. Because New Jersey updates regulations and procedures frequently, staying informed matters—a small change in the law can impact available options.

Don't risk mandatory prison time under the Graves Act. Call our New Jersey gun crimes lawyer immediately—Dial (732) 607-5553 or reach out online to schedule a free consultation 24/7.