Certain Persons not Allowed to have Weapons Attorney in Ocean County
Certain Persons Not to Have Weapons Toms River NJ
If you have been convicted of one of a litany of specific crimes, you may be barred from possessing any weapon. This may come as a surprise to Ocean County residents who seek gun ownership and permits in accordance with their Second Amendment rights. The State will rebuff your attempts to obtain a gun, or other type of weapon, if a prior offense or mental disposition precludes so by statute. A weapon, by definition, includes “anything readily capable of lethal use or inflicting serious bodily injury.” Under this approach, a beer bottle could be a deadly weapon, depending on how it is used. If you barred from possessing a weapon and you are caught with such a weapon, you will be facing either a second degree felony offense, third degree felony offense or fourth degree felony offense. If convicted, you or your loved one could face up to 10 years in a New Jersey State Penitentiary.
Who is Included Under the Certain Persons Not to Have Weapons Offense?
Under N.J.S.A. 2C:39-7, it is illegal for persons convicted of specified offenses or persons who have a specific history of mental disorders, to knowingly purchase, own, possess or control a weapon. A conviction for any of the following offenses will prohibit you from owning or possessing a weapon:
- Aggravated Assault
- Domestic Violence
- Aggravated Sexual Assault or Sexual Assault
- Bias Intimidation
- Endangering the Welfare of a Child
- Possession of a Prohibited Weapon or Device
- Possession of a Weapon for Unlawful Purpose or the Offense of Manufacture, Transport Disposition and Defacement of Weapons
- Unlawful Use, Possession, or Sale of a Controlled Dangerous Substance (excluding a disorderly or petty disorderly offense)
Additionally, these offenses don’t even need to have happened while you were in New Jersey, as convictions in another state, territory, commonwealth or jurisdiction of the United States or the World, will suffice.
Regarding prohibition of possessing a weapon due to a mental disorder, the person must have been committed for the mental disorder to any hospital, mental institution or sanitarium. It irrelevant that you were committed voluntarily or involuntarily, as either instance would satisfy the requirement. However, if person is able to acquire some form of satisfactory proof from a certified medical doctor or licensed psychiatrist that they no longer suffer from the predicate mental disorder that obstructed proper use of a weapon, then that person will be allowed to possess a weapon.
It is also illegal to purchase, own, possess or control a weapon if you have been convicted of stalking and a firearm was an object in that stalking offense. Simply committing an offense of stalking is not sufficient to bar someone from possessing a weapon. Instead the predicate offense must have involved a firearm.
Is a “Certain Persons Not To Have Weapons” a Felony Offense in Manahawkin?
Yes. However the severity of the charge will vary along the spectrum of “felony offenses” (i.e. first, second, third, and fourth degree). These charges become a crime of the second degree when an individual purchases, owns, possesses or controls a weapon if they already have been convicted of Stalking and a firearm was an object of the Stalking offense.
These charges become a crime of the third degree when an individual purchases, owns, possesses or controls a weapon if they already have been convicted of Domestic Violence.
These charges become a crime of the fourth degree when an individual purchases, owns, possesses or controls a weapon if they already have been convicted of any of the bulleted offenses listed above.
What are the Penalties for a Certain Persons Not To Have Weapons Offense in Ocean County, NJ?
Second Degree Offense
- If convicted of a second degree offense, you are facing up to 10 years in prison and a fine up to $150,000.00. There is mandatory minimum incarceration period of five (5) years for a conviction of a second degree offense under this statute.
Third Degree Offense
- If convicted of a third degree offense, you are facing between 3 and 5 years in prison and a fine up to $15,000.00.
Fourth Degree Offense
- If convicted of a fourth degree offense, you are facing up to 18 months of incarceration and a fine up to $10,000.00.
Brick NJ Weapons Possession Lawyers
If you or your loved one have been arrested and are facing a pretrial detention hearing, contact an experienced Ocean County criminal defense attorney. Our firm has handle countless weapons offenses throughout New Jersey and will work with you to minimize your exposure to jail time and represent you at your Detention Hearing. For immediate assistance and consultation contact 848-238-2100. With offices in Toms River, our law firm can handle any matter out of Jackson, Brick, Long Beach Island, Stafford, Lakewood, Toms River or any other Ocean County municipality.