Unlawful Possession of a Handgun

Practice Areas
Menu

Unlawful Possession of a Handgun Attorneys Passaic County, NJ

Protecting Clients’ Rights in Paterson, Little Falls, Clifton, Wayne, West Milford, Woodland Park and Passaic County

Unlawful Possession of a Handgun Attorneys Passaic County NJUnlawful possession of a weapon charges can take many forms in New Jersey with specific guidelines for machine guns, hand guns, rifles and shotguns, and assault firearms. Even illegal BB guns or airsoft gun possession can lead to jail time due to New Jersey’s strict gun laws. Beyond firearms, there are other dangerous weapons which may be illegal to possess as well. Handguns have their own regulations, including the requirement to carry a valid, state-issued permit and/or license.

At The Law Office of Del Sardo & Montanari, our criminal defense attorneys understand that unlawful possession of a handgun is an extremely serious charge. We will fight your charges and seek to have them reduced or dismissed as we have for New Jersey clients across Paterson, Wayne, Woodland Park, Clifton, West Milford, Little Falls and the greater Passaic County area. Lean on our experience to find and execute the right defense in your individual case.

Call our office today to speak with a member of our legal team regarding your unlawful possession of a handgun charge and find out how we can best serve you.

Unlawful Possession of a Weapon N.J.S.A. 2C:39-5(b): Clifton, NJ Unlawful Handgun Possession Lawyers

Pursuant to New Jersey Revised Statutes Section 2C:39-5 – Unlawful possession of weapons, any of the following can be considered a criminal offense:

  • Knowingly possessing a handgun, including an antique handgun, without the proper handgun permit as per N.J.S.A. 2C:58-4 – Permit to carry handguns
  • Knowingly possessing an airgun, paintball gun, BB gun or other weapon which ejects a projectile with a diameter smaller than three eights (3/8s) of an inch, with sufficient force to possibly injure a person (classified as handguns under New Jersey statutes)
  • Carrying any of these firearms on any school property will be considered unlawful possession regardless of valid carry and possession permits

Note that temporary possession of a handgun, firearm, or other dangerous weapon does not fall under this statute and should not lead to an unlawful possession of a weapon charge.

Paterson, NJ Illegal Possession of a Handgun Attorneys Discuss Penalties

Second Degree unlawful possession of a handgun charges may be the result of illegal possession of lethal handguns. Penalties for conviction can lead to a maximum prison sentence of ten (10) years and up to $150,000 in fines.

Third Degree unlawful possession of a handgun charges may be the result of illegal possession of non-lethal handguns such as BB or airsoft guns and carrying a handgun or other weapon onto school property. Penalties for conviction may lead to a prison sentence between three (3) and five (5) years and fines up to $15,000.

Sentencing for unlawful possession of a handgun is governed by the New Jersey Graves Act which mandates that a conviction must lead to a prison sentence. Even if the defendant wishes to enter a plea bargain with the state, a “Graves act waiver” must be obtained and accepted before moving forward. For additional information about sentencing and details pertaining to the Graves Act, speak to our Paterson criminal defense attorneys today.

West Milford, NJ Firearm Lawyers Fight Illegal Handgun Possession Charges

Before building a strong defense against your unlawful possession of a handgun charge, our West Milford attorneys will want to work with you personally to learn the details of your case and examine the evidence presented against you. There are many different ways to fight unlawful handgun possession charges in New Jersey.

Successful defenses often involve challenging the manner in which the evidence was collected against you. This can include showing unlawful behavior by law enforcement through illegal searches, failure to obtain search warrants, searching a home or vehicle without proper probable cause or consent and more.

There are also defenses which involve showing that your possession or carrying a handgun was in fact not in violation of New Jersey statutes. Examples might be disputing evidence that you were on school property or that your non-lethal handgun was in violation of the statutes. If all else fails, successfully entering plea bargains to lessen prison sentences is sometimes the best option.

Contact our Woodland Park Illegal Handgun Possession Attorneys Today

At The Law Office of Del Sardo & Montanari, we take pride in serving our New Jersey clients in towns like Paterson, Clifton, Wayne, West Milford, Little Falls, Woodland Park and the greater Passaic County region. We believe in treating all our clients with the respect and individual attention they need and deserve when facing life altering criminal charges. You and your loved ones can lean on our experience as we seek to have your unlawful possession of a handgun charges reduced or dropped.

Contact us online or through our Woodland Park offices by calling (973) 233-4396 to speak with a member of our criminal defense legal team regarding your unlawful possession of a handgun or other weapon charges and how we can best serve your needs.

Request Your Free Consultation


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.