Certain Persons Not to Have Weapons in New Jersey
Willingboro NJ Weapons Defense Lawyers
New Jersey law prohibits people who meet certain criteria from possessing weapons. Criminal charges for Certain Persons Not to Have Weapons are explained in section N.J.S.A. 2C:39-7 of the New Jersey Statutes. According to this statute, a person with a prior conviction for a felony such as robbery, burglary, or aggravated assault, is not allowed to have any weapon in their possession. This law applies to all weapons, including firearms, and to felony convictions from both New Jersey and other states. Individuals who were previously committed for mental illness are also considered “certain persons” in New Jersey, as are those convicted of disorderly persons offenses related to domestic violence. If you are arrested for a certain persons offense, a conviction can spell significant consequences. It is highly advisable to seek legal counsel as soon as possible. Criminal defense attorney Leonard Biddison has dedicated over 20 years to defending clients charged with weapons crimes and other offenses in Burlington County and throughout South Jersey. If you or a loved one is facing certain persons charges in Willingboro, Mount Holly, Evesham Township, Lumberton, Palmyra, or elsewhere in NJ, contact his offices at 856-245-5240 for immediate assistance. Consultations are always provided free of charge.
N.J.S.A. 2C:39-7b Certain Persons Not to Have Weapons
According to section N.J.S.A. 2C:39-7 of the New Jersey Criminal Code, any person who meets one of the following criteria is prohibited from purchasing, owning, possessing or controlling a weapon in New Jersey:
- A person convicted in this State or elsewhere of any of the following crimes: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking, possession of prohibited weapons or devices, possession of a weapon for an unlawful purpose, or unlawful disposition of a firearm;
- A person who has ever been committed for a mental disorder unless he receives a certificate from a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm;
- A person who has been convicted for the unlawful use, possession or sale of a controlled dangerous substance (other than a disorderly persons or petty disorderly persons offense);
- A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence.
Degrees and Penalties for Certain Persons Offenses in New Jersey
Depending on the circumstances of the specific case, a certain persons offense can be classified as a second degree, third degree, or fourth degree crime. A certain persons offense is a second degree crime if the person has a prior felony conviction for any of the crimes listed above and possesses a firearm. Second degree certain persons offenses may result in a sentence to serve between 5 and 10 years in NJ State Prison. This level of offense is also associated with a mandatory minimum period of parole ineligibility of 5 years. On the other hand, a certain persons offense is a third degree crime if the person has a prior conviction for a domestic violence offense and possesses a firearm. Third degree crimes entail an NJ State Prison term ranging from 3 to 5 years. Lastly, certain persons cases involving any weapons other than firearms typically involve fourth degree charges. A fourth degree crime in New Jersey exposes the defendant to a maximum prison term of 18 months.
Contact a Certain Person Offense Lawyer in Evesham, New Jersey
Have you been arrested for a Certain Persons Not to Have Weapons Offense in Burlington County or South Jersey? The highly experienced weapons defense lawyers at The Law Offices of Leonard Biddison can help. Contact our offices in Collingswood anytime at 856-245-5240 for a free consultation. We will listen to the circumstances of your case and discuss potential defense options. You can also contact us online to schedule an appointment.