Carrying a Handgun Without a Permit in NJ
Permits to Carry Handguns | N.J.S. 2C:58-4
New Jersey Statute § 2C:58-4, a person should have a valid permit to carry a handgun, and a single permit covers all handguns that a permit holder has. Thus, it is illegal topossess a handgun without a permit to carry it. While you can have a gun inside your home, it becomes to carry it once you have it on your person outside of your home or in your car without a permit.
Under New Jersey Statute § 2C:39-5, a person can be charged with a second-degree crime if they knowingly possess any handgun or antique handgun without obtaining a permit to carry first. In cases where the handgun is an air gun, spring gun, or a similar weapon (that uses the force of a spring, elastic band, carbon dioxide, compressed gas, or compressed air) to eject a bullet or missile, the crime is considered a crime of the third degree.
Will I Go to Jail for Having a Gun Without a Permit?
If you are convicted of possession of a handgun without a permit, you can face imprisonment. A third-degree offense is punishable by imprisonment for three to five years as well as a fine of up to $15,000, and a second-degree offense is punishable by imprisonment for five to ten years and a fine of up to $150,000.
It is also important to note that if you have previous convictions for possessing a weapon with the intent to use it unlawfully, your charges can be increased to a first-degree offense, which is punishable by imprisonment for 10-20 years and a fine of up to $200,000.
New Jersey Exemptions: When a Carry Permit Is Not Required
Under N.J.S. § 2C:39-6, certain people are exempt from needing a permit to carry a handgun. Those persons include:
- A campus police officer who has been appointed under P.L. 1970 (at all times)
- A housing authority officer (all times while in the state)
- A Human Services police officer (all times while in the state)
- A military officer who is carrying or transporting the weapon while under orders or for use during drills, exercise, or parade
- A person or employee of a person who supervises or transports convicted felons
- A probation officer who has successfully completed a basic officer training course and qualifies for continued carry annually (while in performance of official duties)
- A public utility corporation employee who is transporting explosives
- A railway police officer who has passed an approved police academy training program that is at least 280 hours
- A railway, bank, or building guard (while in performance of official duties)
- A State Parole Board appointed parole officer who has successfully completed a basic officer training course and qualifies for continued carry annually (at all times)
- A transit police officer of the New Jersey Transit Police Department (at all times while in the state)
- Court attendants appointed by the county sheriff or a judge (while in performance duties)
- Special agents of the Division of Taxation who have passed an approved police training program test (while in performance of official duties)
- State deputy conservation police officers and full-time employees of the Division of Parks and Forestry (while in performance of official duties)
Contact Our Firm
At Brickfield & Donahue, our attorneys have over 55 years of collective experience and are equipped to help clients inside and outside of the courtroom. We are dedicated to protecting our clients’ rights and providing clients with high-quality, aggressive legal representation. If you have been charged with possession of a firearm without a permit to carry or another weapons violation or gun charge, we are here to help.
For help developing a solid legal defense, contact our firm online or at (201) 574-7919 to schedule an initial consultation.