Weapons Charges Attorney in Passaic County
Facing a weapons charge in New Jersey could result in prison time, fines, and losing future rights to own firearms. A Passaic County weapons charges lawyer can review the details of the offense, arrest, and investigation to determine if police legally seized the weapon.
State law differentiates between illegal possession offenses, unlawful possession offenses, prohibited persons offenses, and unlawful firearm transfer offenses. Knowing what charge you are facing and what evidence the prosecutor has to prove it is one of the first steps to take when dealing with a weapons charge.
Why Choose The Montanari Law Group, LLC
The Montanari Law Group, LLC, provides aggressive criminal defense representation for individuals charged with misdemeanor and felony guns and weapons offenses under federal, New Jersey and New York gun laws. Our attorneys aggressively challenge everything about the prosecution’s case, from probable cause for making the arrest, to illegal search and seizure to the full protection of your Second Amendment right to bear arms.
From offices in Little Falls, our Passaic County criminal defense lawyers advise and represent people charged with criminal offenses in communities throughout New Jersey and New York. Contact us to arrange an initial consultation with our experienced Passaic County weapons charges lawyer right away.
Call us if you are under investigation or have been arrested and charged with any gun-related offense in federal court or state or municipal court in New Jersey or New York.
Types of Weapons Charges in NJ
Federal gun tracing data can show how often firearms are recovered as part of criminal investigations in New Jersey. The Bureau of Alcohol, Tobacco, Firearms and Explosives logged 4,443 guns recovered and traced in the state of New Jersey in 2025, which includes 3,223 handguns. The ATF logged another 1,696 firearm traces that were due to Possession of Weapon.
New Jersey weapon laws address more than whether someone can own a firearm. You can also be criminally charged for possessing, carrying, transporting, transferring, or using a weapon illegally under state law. Factors affecting what offense you are charged with include the type of weapon involved, whether you possessed the required permit or license, where police found the weapon, and whether prosecutors claim you possessed it for a criminal purpose.
Weapons charges in Passaic County may be handled by the Criminal Division of the Passaic County New Courthouse, 77 Hamilton Street, Paterson, New Jersey 07505. This courthouse sits in downtown Paterson adjacent to the Passaic County Administration Building. If you are coming from out of town, major roads that connect to the courthouse include I-80 and Route 19.
Potential Penalties for Weapons Charges in NJ
Like all crimes in New Jersey, penalties vary by the charge and specific facts of the case. Some weapons offenses are fourth- or third-degree offenses. However, certain firearm offenses can be second-degree crimes.
Possession of a firearm with intent to use it unlawfully against another person or their property is typically a second-degree offense under N.J.S.A. 2C:39-4. Possessing any other type of weapon for an unlawful purpose is typically a third-degree offense. Having an imitation firearm in circumstances that would cause a reasonable observer to believe you have it for an unlawful purpose is typically a fourth-degree offense.
Sentencing can include jail time, fines, and other penalties. Some firearms offenses are also subject to the Graves Act, which mandates time a defendant must spend in prison before being eligible for parole. Criminal history, violent enhancements, and weapon type can also increase sentencing exposure.
Defenses to Weapons Violations Charges
Defense strategies depend on the elements of the offense prosecutors must prove and how police found the weapon. Simply being in proximity to a firearm or weapon does not always amount to knowing criminal possession. When prosecutors charge constructive possession rather than actual possession, it can be argued that you did not know about the weapon or intend to exercise dominion and control over it. Other potential penalties include:
- The stop, search, or arrest was illegal.
- Prosecutors cannot prove knowing possession.
- The weapon belonged to someone else.
- Lack of required permit or authorization to possess the weapon.
- Prosecutors cannot prove the alleged criminal purpose.
- New Jersey law provides an exception to possessing or transporting the weapon.
Illegal searches and seizures are common defenses in weapons cases. The Fourth Amendment to the U.S. Constitution and Article I, Section 7 of the New Jersey Constitution protect defendants from unlawful searches and seizures by police. If an officer discovered a firearm during an illegal search of your car, your attorney can file a motion to suppress the evidence. If the judge grants this motion, the prosecutor cannot use the firearm at trial as evidence.
At The Montanari Law Group, LLC, we defend a number of charges. Our experience includes defending charges of:
- Illegal possession of a firearm
- Illegal or reckless discharge of a firearm
- Illegal sale or transfer of a firearm
- Illegal transport of an unlicensed handgun or firearm
- Possession of illegal ammunition
- Armed robbery
- Convicted felon in possession of a handgun
- Federal weapons charges, ATF charges
Hire a Weapons Charge Lawyer
You should hire a weapons charges lawyer to review the charging statute, analyze the prosecutor’s evidence, work to dismiss the charge, and protect your rights. An attorney can investigate the circumstances of the arrest and seek to exclude evidence obtained through unlawful searches or seizures.
Your lawyer can review police body-camera footage, police reports, search warrants, firearm traces, witness interviews, and forensic testing. If you have been charged with additional crimes, your attorney can determine which defenses apply to each charge and whether any mandatory sentencing laws apply.
FAQs
Is a Gun Charge a Felony in New Jersey?
A gun charge is not necessarily a felony in New Jersey. New Jersey doesn’t actually divide crimes into felonies and misdemeanors. Indictable crimes are simply listed as first-, second-, third-, or fourth-degree offenses. Most gun crimes are indictable crimes. Possession of a handgun without a permit can be prosecuted as a second-degree crime under certain circumstances.
Can You Get Probation for a Gun Charge in NJ?
Whether or not you can get probation for a gun charge in NJ depends on the charge and whether an exception, waiver, downgrade, or other sentencing provision applies. It’s possible to receive probation for some weapons offenses. However, many firearm convictions are not eligible for probation or limit the judge’s sentencing discretion. For instance, New Jersey’s Graves Act mandates prison time and a period of parole ineligibility for many firearms offenses.
What Is the Maximum Sentence for a Gun Charge?
Not every gun charge has the same maximum sentence because the punishment depends on the offense degree and specific crime. Enhanced penalties and additional criminal charges may increase a defendant’s sentencing exposure. Typically, a second-degree offense carries a higher maximum than a third-degree offense, and a third-degree offense would have a higher maximum than a fourth-degree offense.
Can a Weapons Charge Be Dismissed in New Jersey?
A weapons charge may potentially be dismissed in New Jersey. However, dismissal isn’t likely simply because a defendant has no prior crimes or legally purchased the weapon. A prosecutor must prove each element of the crime beyond a reasonable doubt, and your charges could be dismissed if the evidence is otherwise weak or compromised.
Contact our Passaic County Gun Charges Lawyers for a Free Consultation
Wherever you are in New Jersey or New York, call our Passaic County weapons charges attorney toll-free at 888-877-7985. Our weekday business hours are 9:00 a.m. to 5:30 p.m., or you may leave us a message anytime after hours or on weekends. We respond quickly to calls and emails. If you cannot come to our offices in Passaic County, we will make every effort to meet at a location convenient for you. We accept credit cards for your convenience and have a Spanish interpreter available.
Passaic County Weapons Charges Lawyer Reviews
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla
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