As one of the states with the strictest gun laws, New Jersey places significant restrictions on the transportation of firearms. If you’re planning to transport firearms within the state, you will want to be well-informed about the basic requirements as well as the penalties for violations.
When traveling through the state with a firearm, it is essential to take the necessary steps to ensure compliance and avoid serious consequences. Even if you were legally allowed to possess a firearm in your home state, it does not automatically mean you can possess it in New Jersey, as different states have different gun laws. If you are unsure whether your firearm is legal to transport, consulting with our legal team is highly recommended. Non-compliance with New Jersey’s firearm laws can result in severe consequences, including fines, imprisonment, and the loss of your right to own firearms.
For a free case review, contact our Atlantic City criminal defense attorneys at the Lombardo Law Group, LLC at (609) 418-4537.
Understanding the Rules for Transporting Firearms in New Jersey
New Jersey is known for having some of the strictest gun laws in the United States. To ensure the safety of its residents, the state has mandated that firearms must be transported in a specific manner. According to the Graves Act, firearms must be unloaded and contained in a closed and fastened case, gun box, or securely tied package while being transported. They can also be locked in the trunk of the automobile.
In New Jersey, the Graves Act enforces mandatory minimum sentences for certain firearm-related offenses. Specifically, under N.J.S.A. § 2C:43-6, individuals who are found guilty of illegal possession of a firearm are subject to a minimum mandatory sentence of three years. Importantly, this sentence does not allow for the possibility of parole during the three-year period. This means that anyone convicted of this offense will be required to serve a full three years in prison without the possibility of early release.
It is essential to note that both residents and out-of-state offenders face severe penalties for violating the state’s firearm transport laws. Even if someone is legally permitted to carry firearms in their home state, they can still be prosecuted under the Graves Act if they violate New Jersey’s stringent transport laws. Fortunately, the law considers this and provides ways of mitigating the worst penalties if stopped while transporting a firearm from another state.
Mandatory Minimum Sentences Under the Graves Act for Transporting Firearms in New Jersey
The Graves Act mandates mandatory minimum sentences for certain firearm offenses. Under this law, offenders who commit second-degree offenses are subject to a sentencing range of between five and ten years in New Jersey State Prison, with a minimum of three years. However, the sentencing for Graves Act offenses starts at a mandatory five years in prison, with a parole ineligibility period of 42 months.
Another critical aspect of the Graves Act is the period of parole ineligibility. According to the Graves Act, offenders must serve at least 42 months of their sentence without parole eligibility, or one-third to half of the sentence imposed, whichever is greater. For instance, when an individual is convicted of a fourth-degree crime, the mandatory sentence that they must serve is 18 months in state prison. This sentence must be served in its entirety, and there is no possibility of parole.
How Are Out-of-State Offenders Treated Under the Graves Act for Transporting a Firearm in New Jersey?
Many out-of-state visitors to New Jersey are lawful gun owners in their home states. However, ignorance of New Jersey’s stringent gun laws can lead to serious legal consequences. Fortunately, our firearm possession defense attorneys can help regardless of where you are from. Remember, the Graves Act does not differentiate between residents and non-residents when it comes to unlawful possession of firearms.
However, in 2014, a directive clarified the application of the Graves Act to out-of-state residents. It stipulates that the Graves Act applies in cases where the defendant is an out-of-state resident who produces proof that they legally owned the firearm in their home state, were merely passing through New Jersey, and had taken reasonable steps to secure the firearm. However, under certain circumstances, out-of-state residents might be eligible for a Graves Act Waiver or Pretrial Intervention.
A Graves Act Waiver Could Help Avoid Prison Time for Transporting a Firearm in New Jersey
When someone is convicted of a Graves Act offense, they are faced with the possibility of mandatory minimum prison time. However, there is a way to avoid incarceration by obtaining a waiver of the mandatory minimum sentence requirement. To qualify for this option, the offender must not have any prior weapons offense convictions.
The judge can be asked by the prosecutor to grant a waiver, which would permit the offender to avoid imprisonment or receive a shorter sentence. The aim of these exemptions is to decrease the necessary minimum sentence to one year of probation, enable Pretrial Intervention, or establish eligibility for parole, but only if the offender admits guilt.
When arguing for a shorter sentence, the prosecutor and defense need to provide strong evidence that justifies going against the mandatory minimum sentence of three years as mandated by the Graves Act. The argument presented by the prosecutor usually involves the interests of justice and takes into account different factors, such as the offender’s criminal history, the nature of the offense, and other mitigating circumstances.
For instance, attorneys might argue that the offender committed the crime under extreme duress or that the mandatory minimum sentence would result in undue hardship for the offender’s family. They might also cite examples of cases where a lesser sentence was imposed for similar offenses.
Mitigating Factors for Waiver Approval
When a defendant is seeking a waiver of the Graves Act, the court will consider both mitigating and aggravating circumstances before making a decision. Mitigating factors are those that can increase the likelihood of the waiver being approved.
Some common examples of mitigating factors include the defendant having no prior criminal record, not intentionally causing or threatening serious harm, not anticipating that their actions would result in serious harm, being strongly provoked, making restitution to the victim or planning to do so, participating in a program or community service, and acting in a manner that is not likely to occur again because of special circumstances.
These factors are taken into consideration because they demonstrate that the defendant is unlikely to pose a future threat to society and is willing to make amends for their actions.
Aggravating Factors Against Waiver Approval
However, certain factors might decrease the likelihood of approval. These are known as aggravating factors, and they include a variety of circumstances related to the nature of the crime and the defendant’s criminal history.
One of the most significant aggravating factors is the severity of the crime committed. If the crime was particularly heinous or involved violence, for example, it might be more difficult to obtain a waiver. Similarly, if the crime involved fraud or other financial incentives, this might also decrease the odds of approval.
Another aggravating factor is if the crime was committed against someone the defendant knew or should have known was over the age of 60. Crimes committed against law enforcement officers are also considered aggravating factors.
Finally, a defendant’s criminal history might also decrease their chances of obtaining a waiver. If they have a prior criminal record, especially for similar offenses, this might make it more difficult for them to convince authorities that they deserve a second chance.
Is Pretrial Intervention an Option When Facing Charges for Transporting a Firearm in New Jersey?
Pretrial Intervention (PTI) is a program in New Jersey designed to offer defendants an alternative to formal prosecution by meeting certain requirements. If successfully completed, PTI can lead to the dismissal of charges. PTI is an effective way to reduce the burden on the state’s criminal justice system and provide a second chance for those who are eligible.
However, the PTI program’s application in cases involving out-of-state residents charged under the Graves Act is not straightforward and depends on several factors. In such cases, the eligibility for PTI is determined on a case-by-case basis, taking into consideration various factors. These factors include the circumstances surrounding the offense, the defendant’s prior criminal history, and whether the defendant was merely passing through New Jersey.
Additionally, the court might consider other factors, such as the defendant’s age, employment status, and family background. The court might also take into account any favorable or adverse factors that might affect the defendant’s ability to complete the PTI program successfully.
However, the Graves Act has undergone some recent changes that could have significant implications for pretrial intervention in future cases. Under the new amendments, Pretrial Services is required to recommend no release in instances where a defendant has been charged with certain Graves Act offenses.
The legislation also establishes that a pretrial recommendation of no release for specific Graves Act offenses might constitute prima facie evidence, which means that it is sufficient to establish the fact without any further proof, and this might be enough to overcome the presumption of release if the court determines that there is probable cause to believe that the defendant committed such offenses. This means it could become much more difficult to procure pretrial intervention in cases under the Graves Act, even if you were just passing through New Jersey when arrested.
How Plea Bargains Work Under the Graves Act in New Jersey
In New Jersey, strict limitations have been established regarding plea bargaining in cases involving the Graves Act. In such cases, a court is prohibited from accepting a plea that provides for the dismissal of a firearm offense that carries a mandatory term unless certain conditions are met. For example, the prosecutor must declare in open court that the evidence in the case is insufficient to support a conviction.
Alternatively, they might state that the probability of dismissal is so high that the interests of justice warrant a dismissal. Also, the defendant must be sentenced to a term of imprisonment equal to or greater than the term that would apply under the Graves Act charge being dismissed.
The prosecutor must also place on the record that the plea bargain is essential to ensure the defendant’s cooperation with the prosecution. Any sentence that is imposed in a manner that violates these limitations is considered illegal and subject to correction at any point in their case.
How to Defend Charges for Transporting Firearms in New Jersey
Defending against charges for transporting firearms in New Jersey requires a comprehensive understanding of the rights afforded to you and the limitations placed on law enforcement. While firearms present a serious threat, it does not give the state license to violate your rights. As such, the following defenses might be helpful if you were stopped while transporting a firearm in New Jersey:
Challenge the Consent Given for the Search
One of the most common defense strategies is to challenge the validity of the consent given for the search. Consent is considered to be the most straightforward way for law enforcement officers to justify a warrantless search.
However, for consent to be considered valid, it must be given freely and voluntarily. If there is any evidence of coercion or duress, it can invalidate the consent and render the search unlawful.
Challenge a Vehicle Stop
The Fourth Amendment to the United States Constitution provides crucial legal protection that safeguards individuals from arbitrary or unjust searches and seizures of their property by government officials, including police officers. The law is designed to ensure that law enforcement agencies cannot invade the privacy of individuals without first having a valid reason to investigate.
If you were to be pulled over by a law enforcement officer or subjected to a search without a valid reason, any evidence obtained from such a search could potentially be excluded from your case. This is because the evidence would be considered “fruit of the poisonous tree,” meaning it was obtained illegally or unconstitutionally.
The police must have reasonable suspicion or probable cause to conduct a stop or search. Reasonable suspicion requires a law enforcement officer to have a reasonable belief that a person might be involved in criminal activity. Probable cause is a higher standard that requires law enforcement to have a strong belief that a person has committed or is about to commit a crime. If the officers do not have either of these, the stop can be challenged in court, and the evidence seized can be tossed from the case.
Challenge Bad Warrants
Another crucial strategy is to challenge the legitimacy of the warrant issued against you. If a warrant was issued or executed incorrectly, any evidence obtained through such a warrant might be considered inadmissible in court.
Our legal team can assist you in thoroughly examining the warrant to uncover any possible irregularities. We will scrutinize every detail of the warrant to identify any potential flaws and inconsistencies and use our experience to present a strong argument in court.
Our New Jersey Firearm Possession Defense Attorneys Can Help You Defend Your Case
Call the Lombardo Law Group, LLC at (609) 418-4537 to receive a free case assessment with our Atlantic City firearm possession defense lawyers.
