The laws pertaining to gun possession in New Jersey are very complicated. Furthermore, as of 2023, they are continuously being altered. In most cases, the laws are being changed to make gun ownership even more restrictive.
If you were accused of crime related to gun possession, then you may be facing serious criminal penalties. Thankfully, the team at our law firm can help review your case and build your defense. We will fight relentlessly to have your charge eliminated or reduced.
Seek guidance and support from our experienced gun possession lawyers by calling the Lombardo Law Group, LLC today at (609) 445-4300.
Types of Gun Permits Available in Hamilton Township, NJ
Generally, there are two main types of permits that prospective gun owners may obtain in New Jersey. Our experienced gun possession attorneys can offer support to defendants in cases involving each of the following types of permits:
Permit to Purchase a Firearm
To purchase a handgun in New Jersey, you are required to obtain a “New Jersey Permit to Purchase a Handgun.” Meanwhile, if you wish to buy a shotgun or a rifle, then you must acquire a “New Jersey Firearms Purchaser Identification Card.”
The process for obtaining either of these types of permits is almost identical. The application form is the same for both purchase permits. The applicable form should be submitted to your local police department or to the Superintendent of the New Jersey State Police. Further, you must provide government-issued identification and at least two personal references along with your application.
During the application process, you will be subject to a background check, a mental health records search, and fingerprinting. After submitting your application, the local or state police should issue their response within 30 days.
Permit to Carry a Handgun
To carry a handgun, you are required to apply for a “Permit to Carry a Handgun.” Like the application to purchase a firearm, this application must be submitted to either your local police department or to the Superintendent of the New Jersey State Police.
When applying for a handgun carry permit, you need to provide documentation verifying your proficiency in safe firearm handling. This entails completing the necessary training and instruction requirements. The application will also require personal references and the fee for submitting it is $200.
Once you have applied for a Permit to Carry a Handgun, the government will take up to 90 days to respond to your application.
Can Your Employer Prevent You from Bringing a Gun to Work in Hamilton Township, NJ?
In New Jersey, employers retain the authority to prohibit weapons in the workplace. This ban may also extend to the company’s parking lots if they own them. While some states have enacted laws that limit employers’ ability to enforce weapon bans, as of 2023, there are no indications that New Jersey will pass such a law in the foreseeable future.
Can a Business Owner Prevent You from Carrying a Firearm on Their Property in Hamilton Township, NJ?
In New Jersey, private business owners possess the right to prohibit firearms on their premises. They may establish such prohibitions even if their businesses are open to the public.
While it is not legally mandated, businesses opting to ban weapons should display clear signage to indicate their policy. If a business allows firearms on their premises, you may still require a carry permit to bring a firearm onto their property.
Examples of Locations Where You Are Not Allowed to Carry a Gun in Hamilton Township, NJ
Even if you possess a permit to carry, there are specific properties where firearms are strictly prohibited. For instance, carrying your gun into schools, colleges, and universities is not allowed. Doing so can lead to severe criminal penalties.
It’s essential to understand that federal regulations take precedence over state laws concerning weapons possession. Thus, carrying a handgun into federally protected areas such as prisons, courthouses, military bases, national parks, national cemeteries, and other locations leased or used by the federal government is also strictly prohibited.
Apart from these, there are several other places where carrying a handgun is not permitted, regardless of having a carry permit. Examples include state parks, casinos, post offices, and Indian reservations. Accordingly, it is crucial to acquaint yourself with the applicable regulations before carrying your handgun outside of your residence.
How to Defend Against a Charge Related to Gun Possession in Hamilton Township, NJ
If you have been charged with a crime for improperly possessing a firearm, then there are multiple defenses that you may utilize to avoid a conviction. The type of defense employed in your case will depend on the circumstances surrounding your arrest. For example, any of the following may be used:
Unknowing Possession
This defense can be utilized when a person was unaware of the presence of a firearm in their possession. For example, if someone borrowed a bag from a friend and later discovered a gun inside without their knowledge, they could argue that they had no intent or awareness of possessing the firearm.
Unlawful Search and Seizure
You may also defend against a gun possession crime by asserting that you were the victim of an unlawful search and seizure.
This defense is applicable when law enforcement violates a person’s Fourth Amendment rights by conducting an illegal search to uncover their firearm. If the firearm was obtained without a proper warrant or probable cause, then the search and seizure may be deemed improper.
Lack of Evidence
Lastly, a defendant may be acquitted because the prosecution failed to provide sufficient evidence to prove the firearm at issue was possessed illegally.
Analyzing evidence can be a complicated task. Therefore, support from our legal team can be very helpful when determining whether this defense may be applied in your case.
Call Our Gun Possession Attorneys for Help with Your Case in Hamilton Township, NJ
If you were accused of a crime related to gun possession, get help from our experienced gun possession lawyers at the Lombardo Law Group, LLC by dialing (609) 445-4300 for a free case review.