New Jersey Criminal Defense Blog

A 13-year-old Jersey City boy was recently arrested for bring a pellet gun to school. According to a news report in The Jersey Journal, the incident occurred at a Jersey City school on Virginia Avenue. Officials say the boy admitted to owning the pellet gun after it fell off a table into plain view of a teacher. The teenager was arrested for unlawful possession of a weapon on school property and was later released to his parents.

N.J.S.A. 2C: 58-6.1 makes it illegal for a minor to purchase or possess a firearm. Under this statute, there are no circumstances in which a minor can legally acquire a firearm. Included among the weapons considered firearms are pistols, shotguns, assault weapons, rifles, air guns, handguns, and pellet guns. Juvenile possession of a firearm is enhanced from a fourth-degree offense to a third-degree offense when the firearm is brought into a school.

The penalties for possession of a weapon on school grounds are serious. The severity of the New Jersey weapons violation charges will often depend upon the type of weapon, the criminal history of the defendant, and the intent with which the defendant possessed the weapon. A skilled criminal defense attorney will fight to keep the case in juvenile court while protecting the best interests of the youth.

The a juvenile crime defense lawyer in New Jersey at Lependorf & Silverstein can fight for you if you are facing weapons charges in New Jersey. If you or a loved one has been charged with unlawful possession of a weapon in New Jersey, please call our offices at (609) 240-0040.

In New Jersey, it is illegal for individuals under the age of 18 to purchase long guns and people under the age of 21 to purchase handguns. These New Jersey-specific age limits are even stricter than federal law. It is also a crime under New Jersey law to allow a minor to have access to a gun.

Under New Jersey Statute 2C:58-15: “A person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control commits a disorderly persons offense if a minor gains access to the firearm, unless the person: (1) Stores the firearm in a securely locked box or container; (2) Stores the firearm in a location which a reasonable person would believe to be secure; or (3) Secures the firearm with a trigger lock.”

While it is crucial to keep weapons out of the hands of children, it is also important that gun owners are not wrongfully charged with making their weapons available to a minor. It is possible for a child to figure out where a gun is locked up and to figure out how to access it without the gun owner's knowledge. All gun owners would be well-advised to make sure their weapon is secure at all times because the fines for violating New Jersey gun laws can be severe. Disorderly persons charges often come with heavy fines and the potential for jail time.

The experienced Princeton weapons violation lawyers at Lependorf & Silverstein fight hard to protect and defend the civil rights of New Jersey residents. If you have been wrongfully charged with violating a weapons law in New Jersey, call our law offices at 609-240-0040 right away to discuss your case.

A man from East Orange has been arrested for weapons offenses after allegedly trying to enter a Newark welfare office with multiple weapons. According to a news report in The Star-Ledger, the 40-year-old man was arrested after officials say he entered the welfare office to request food stamps. Police allegedly found on his person a handgun, switchblade and brass knuckles. The man is being held in an Essex County jail on three weapons possession charges. It is not clear if the man realized that having these weapons was illegal on the premises because he apparently allowed his backpack to be x-rayed.

Under New Jersey Statute 2C:58-5, all gun owners must have a permit for their firearms. A firearm, even if a permit covers it, must be unloaded while it is being transported. A person who knowingly has a loaded weapon is guilty of a third degree crime. Additionally, "any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree."

Even gun owners who have a permit must be careful about how or where they carry their weapon. Having a loaded weapon on government property, for example, could lead to serious criminal penalties. A skilled Princeton weapons violation attorney will review the circumstances surrounding an arrest and the reasoning behind why the defendant had the weapons before building a defense.

The experienced criminal defense attorneys at Lependorf & Silverstein fight for our clients’ right to bear arms. We understand the many complicated weapon laws in New Jersey and we have a proven track record of having charges reduced or cases thrown out. Call us today at 609-240-0040 to discuss your case.

In late June 2010, the US Supreme Court decided the issue of the constitutionality of whether certain people could be restricted from owning guns. In McDonald v. City of Chicago, the issue arose of whether the 2nd Amendment’s right to bear arms was applicable to state laws.

The Supreme Court held that the 2nd Amendment does in fact apply to the states. The reason for the controversy surrounding one’s right to bear arms stemmed from the City of Chicago’s ban on handguns for domestic violence offenders.

Studies have found that in instances of domestic violence where the offender possesses a handgun, the victim is more likely to be killed. Thus, Chicago instituted the ban as a preventative measure.

According to a Huffington Post story, opponents of the City’s handgun ban challenged the constitutionality of the measure, which was sent to the Chicago Federal Appeals Court. Previously, the Second Amendment right to bear arms had not applied to the states, although all American citizens had a federal constitutional right to bear arms.

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