Gun Lawyer Irvington NJ
What Penalties Can I Face For ‘Certain Persons Not to Have Weapons’ Offense in Irvington NJ
The right to keep and bear firearms is protected by the Second Amendment of the constitution. However, according to the laws of the State of New Jersey, as much as these rights are protected, sometimes the state prohibits certain individuals from owning or possessing any weapons.
This means that if these individuals, who have been prohibited from possessing weapons, are found guilty of this offense, they could face hefty fines and even jail time.
What is the ‘Certain Persons Not to Have Weapons’ offense in Irvington NJ?
In Irvington NJ if you have been convicted of a particular set of crimes, the law prohibits you from owning or possessing any kind of firearm in New Jersey. This criminal offense is referred to as the ‘Certain Persons Not to Have Weapons’. Even if the crime was committed and convicted in another state, you should not own firearm. If you’ve been charged for the illegal possession of firearms in Irvington NJ, reach out to an experienced gun, firearms & weapons charges attorney as soon as possible. The attorney will help you fight these charges, while providing legal guidance at all times.
Persons Not Allowed to Own or Possess a Firearm in Irvington NJ
If at one point the state convicted you of the following crimes, it bans you from possessing or owning a gun, they include; robbery, arson, homicide, extortion, aggravated sexual assault, stalking, welfare endangerment of a child, burglary, and even aggravated assault. The law states that whether you were convicted of the above crimes in New Jersey or anywhere else, you cannot possess a firearm.
The law also prohibits individuals convicted of charges relating to domestic violence or petty disorderly persons offenses. It is vital to state that if at one point you were institutionalized for a mental illness, the law also prohibits you from owning or possessing a weapon without proper medical authorization and clearance from a licensed professional.
What Must the Prosecution Prove in A ‘Certain Person Not to Possess Weapons’ Charge?
To get a conviction, the prosecution must prove beyond reasonable doubt that; the item that was involved in the crime is a weapon, the weapon was possessed, purchased, or owed by the defendant when the offense occurred. Finally, that the defendant committed an eligible crime, was convicted for domestic violence, or was committed to a medical facility for a mental disorder.
What Penalties Can I Face in Irvington NJ?
This charge carries very serious penalties. Usually, if the defendant was convicted of the above crimes in New jersey or outside New Jersey, and the individual is charged with an unlawful weapons possession offense, the punishment is a jail time of 5 to 10 years in jail.
This is because a certain person’s offense is regarded as a second-degree crime. It is important to state that the Graves Act may come into place. This would mean that before you are eligible for parole, you will probably have to serve about 5 years in prison.
However, if the reason the person cannot possess a firearm is in relation to a disorderly person’s offense that is related to domestic violence, then the individual will be charged with a third-degree crime that is punishable by 3 to 5 years in prison.
In addition to this, if the previous conviction was for a disorderly person’s offense relating to domestic violence and the weapon in question is anything apart from a firearm, the charge becomes a fourth-degree crime punishable by up to 18 months in prison.
Conclusion
If you or anyone you know is facing a ‘Certain Person Not to Have Weapons’ charge, you will need to contact an experience lawyer who can help you fight these charges. Contact a qualified gun, firearms & weapons charges attorney in Irvington NJ from Evan Nappen Law who will provide further information and help you fight these charges. If you have been charged with a gun or weapons crime in NJ, then Contact a gun lawyer in Irvington NJ, Call Evan Nappen. Call (732) 389-8888.