New Jersey has some of the most restrictive state-level gun laws in the United States. However, individuals who qualify to purchase and own firearms in the Garden State have important legal rights in that regard, even and especially when law enforcement authorities accuse them of a gun-related crime.

If you have been accused of breaking state law, retaining a Hackensack gun lawyer could be key to preserving your interests and securing a favorable case result. Litigating cases like this can be a complex and sensitive process, so having help from a dedicated defense attorney may be crucial to your chances of a positive outcome.

Regulations Applicable to Hackensack Gun Owners

State authorities generally have a “May Issue” approach regarding the issuance of concealed carry licenses. This means that they may deny a license to an applicant at their own discretion rather than being obligated to provide a license to anyone who meets the prerequisite conditions for one. Additionally, the state does not honor concealed carry permits from any other U.S. state, meaning that a New Jersey license is essential to carrying a concealed gun in Hackensack.

Rifle and Shotgun Regulations

To legally buy a rifle or shotgun, the prospective buyer must be registered with the state and have a lifetime purchaser identification card. Even harsher restrictions apply to handgun purchases—purchaser permits last for just 90 days after issuance, and no one in the state may buy more than one handgun inside a single 30-day period.

New Jersey Revised Statutes §2C:39-3 prohibits any private citizen from owning any weapon designated by N.J.R.S. §2C:39-1(w), including:

  • An assault weapon or weapon substantially identical to one
  • Any short-barreled shotgun or rifle
  • A firearm suppressor

N.J.R.S. §2C:58-5 only allows the possession of machine guns with a special permit obtained on a may-issue basis from a Superior Court Judge. Gun law and regulation in Hackensack can be complex, but an attorney well-versed this area of law could further assist an individual contest their accusations and help ensure their rights are upheld according to state law.

Contesting a Gun-Related Criminal Charge

On top of establishing extensive restrictions on gun ownership, state law also imposes harsh sanctions on individuals who illegally possess firearms. According to N.J.R.S. §2C:39-5, possession of a rifle or shotgun without a permit is a third-degree offense, meaning a conviction could result in a maximum five-year prison sentence. Under the same section of state law, possession of a handgun without a permit or an assault firearm is considered a crime of the second degree, a conviction for which allows for an even longer prison term of five to 10 years.

Because of this, building a comprehensive defense strategy with the help of a knowledgeable attorney in Hackensack can be important for anyone facing a gun-related criminal accusation, regardless of whether they have a criminal history for similar or unrelated offenses. A dedicated lawyer could work on a defendant’s behalf to challenge the core elements of the prosecution’s case, effectively present exculpatory evidence, and negotiate for the best possible resolution.

Speak with a Hackensack Gun Attorney Today

Gun charges can have severe consequences even for first-time offenders, especially if they involve certain types of weapons. A firearm being present during the commission of any criminal offense can also lead to enhanced penalties upon conviction, making it even more important to seek help from a legal professional as soon as possible.

A knowledgeable Hackensack gun lawyer could be a crucial ally to have on your side from beginning to end of your case. Call today to learn more.