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Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

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Firearm Possession

Presumption of Firearm Possession

Firearm Possession LawyerThere are two things assumed by law enforcement concerning the possession of a firearm regardless of what may actually be true in some circumstances. Until an offender establishes otherwise, it is presumed that a firearm is unlicensed, and a presumption of weapons possession exists in motor vehicles. For example, when a firearm or other weapon is openly present in a car carrying more than one person, it is presumed to be in the possession of each passenger. Knowing this legal presumption may cause you to consider your surroundings a little more closely before getting into someone else’s vehicle. Being in the mere presence of a weapon, knowingly or not, may result in a criminal conviction of the second or third degree, and a potential sentence of up to ten years in prison.

Penalties Increased for Firearm Possession in Recent Years

If you have been charged with the unlawful possession or use of a firearm in New Jersey, you may think the penalties are rather severe. The possession of a firearm without a proper permit or license is an indictable criminal offense (crime) in New Jersey, despite any intention of the possessor to use the firearm in a wrongful manner. New Jersey has a strong commitment to firearms safety which is unrivaled anywhere in the nation. It has lead the country in requiring safety warnings and a trigger lock or other locked container with the purchase of every handgun. To enforce these strict regulations, New Jersey imposes harsh penalties, including a mandatory minimum prison term of three years on anyone who sells, transfers or gives a firearm to a minor. In 2008, the sentencing statute was amended to enhance the sentencing for the unlawful possession of a handgun from a third degree offense, carrying a maximum 3 to 5 years in prison, to a second degree offense, carrying a maximum 5 to 10 years in prison.

“KeepSafe” Program Aims to Protect New Jersey’s Families and Children

To encourage all firearms owners to practice safe storage, the State of New Jersey waives all sales taxes on trigger locks, firearms lock-boxes and vaults. More recently, a statute establishing the “KeepSafe” program was developed to encourage firearms safety, offering a $5.00 rebate to all retail purchasers who buy a trigger locking device along with their firearm.

Call Villani & DeLuca Today for a Free Consultation

If you have been charged with firearm possession or another firearms offense in the state of New Jersey, it is important to contact an experienced attorney to help protect and defend your rights. The experienced criminal defense attorneys of Villani & DeLuca, P.C. will review all the facts of your case to determine if you have a viable defense or if you are eligible for pre-trial intervention. Call 732-965-3350 today for a free initial consultation. We represent clients throughout Ocean and Monmouth County New Jersey.

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Point Pleasant Beach

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703 Richmond Avenue

Point Pleasant Beach, NJ 08742

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151 Bodman PL, #303

Red Bank, NJ 07701

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The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2022 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap