Having a Gun from Another State in Ocean County NJ

Prisoner in handcuffs locked in a cell.

You don’t want to be stopped anywhere by law enforcement if you are carrying a firearm that you are only permitted to carry in another state, but this is especially true in Ocean County and elsewhere in New Jersey. The New Jersey legislature has passed some of the strictest gun laws in the nation, and local prosecutors and law enforcement officials in Ocean County enforce these rules to the fullest extent of the law. If you are stopped in Toms River, Point Pleasant, Brick, Manchester, Lacey Twp, Ocean Twp, or another Jersey Shore town and found with a firearm with an out-of-state gun permit, you can be arrested and charged with unlawful possession of a weapon. This is true regardless of whether you are simply visiting New Jersey or moving here from out of state. When you find yourself or someone you love in this serious predicament, you need to consult with a knowledgeable attorney right away. Contact us at (848) 238-2100 for a free consultation with a local Ocean County gun defense lawyer who can assist you.

Charged With a Permitted Gun From Another State in Ocean County

Weapons offenses are common in the Ocean County, given the broad wording of New Jersey’s law prohibiting the unlawful possession of a firearm. You can be convicted of unlawfully possessing a handgun or another firearm even if you have a permit to carry that gun issued by another state. This applies even if you have already satisfied rigorous background checks, safety training, and purchased all applicable licenses in your home state. New Jersey simply does not recognize out of state permits or licenses to carry a firearm. Put another way, if you are in New Jersey and in possession of a firearm, you need to follow New Jersey’s state permitting and other applicable firearm laws. Otherwise, you risk being arrested.

There is one exception to this rule. If you are simply traveling through New Jersey, rather than staying for a visit or moving to the state, you are permitted to transport a firearm through the state (even if you do not have a New Jersey permit or other similar licensing), provided that you are transporting the weapon in compliance with the law. Among other requirements, the firearm should be unloaded. It should not be easily accessible from the passenger compartment of the vehicle, which includes the area where you are sitting when you are driving the car. Ammunition should similarly not be readily accessible from the passenger compartment of the car. The firearm must be secured in a shut case, a secured package, a gun box, or it must be locked in the trunk of your car.

You must still abide by these requirements if you have a permit to carry the gun issued by your home state. That means that if you are relying on your carry permit and keep the firearm loaded or unloaded in your center console or glove box, you can still be arrested for unlawful possession of a firearm or similar charges if you are stopped by law enforcement in Ocean County.

What Happens if I’m Charged With an Out of State Gun in Ocean County?

You will likely be charged with unlawful possession of a weapon if you are found with a gun from another state in Ocean County or anywhere else in NJ. This is a second degree crime and you will be facing severe consequences. Upon conviction, you are likely looking at between 5 and 10 years of prison time and up to $150,000 dollars in fines. However, you may be able to enroll in the Pre-Trial Intervention Program for a gun charge, if you meet certain stringent criteria and have the assistance of an experienced lawyer fighting to obtain this outcome.

Toms River Out of State Gun Lawyer Needed

If you are charged with unlawful possession of a firearm because you were stopped by Ocean County police with only an out-of-state permit, you should contact an experienced Ocean County weapons defense attorney immediately. Our local lawyers with offices in Point Pleasant, practice only criminal defense and handle a great deal of gun cases in the Ocean County area. Contact us now at (848) 238-2100 to speak with a lawyer about your specific gun charges at no cost.

With more than a decade of experience defending clients against criminal charges, founding partner William A. Proetta has successfully handled and tried thousands of cases, from DWI to murder. As a New Jersey native, he has focused his career on helping people in the area where he grew up, serving Middlesex, Ocean, Hudson, and Union counties.