Illegal Possession of a Firearm Defense Attorney in Totowa, NJ, Navigating Gun Law Violations and Defenses
Being charged with illegal possession of a firearm in New Jersey can feel overwhelming. Maybe you thought you were following the law, were just transporting a weapon, or didn’t realize your permit wasn’t valid here.
Suddenly, you’re facing mandatory prison time under some of the toughest gun laws in the country. Our New Jersey illegal possession of firearms lawyer understands how intimidating this is.
Under New Jersey’s Graves Act, even first-time offenders face mandatory minimum sentences, harsh fines, and long-term consequences. But these cases often turn on technical details. Improper searches, unlawful traffic stops, and mistaken assumptions about ownership or transport rules.
You need someone who understands New Jersey's complex gun laws and knows how to fight these charges. We’ve helped many people in the exact situation you’re facing right now.
Contact us today for a free consultation, and let’s start protecting your freedom and your future before this charge changes your life.
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Understanding Illegal Firearm Possession Charges in New Jersey
New Jersey treats firearm possession more seriously than almost any other state. What's perfectly legal in Pennsylvania, Delaware, or New York can land you in prison here.
You face illegal possession charges when you possess a firearm without a valid New Jersey permit to carry. This includes:
- Handguns
- Rifles
- Shotguns
- Certain other weapons.
It doesn't matter if you own the gun legally in another state. It doesn't matter if you had no criminal intent. Simply possessing a firearm in New Jersey without proper authorization violates the law.
The state divides gun charges into two main categories:
- Illegal Possession: As mentioned before, illegal possession means you have a firearm without the required New Jersey permit or under circumstances where you're prohibited from possessing one. This includes convicted felons possessing any firearm.
- Possession for an unlawful purpose: Possession for an unlawful purpose means you possessed a weapon with intent to use it unlawfully against another person or their property. This is a separate, more serious charge that applies when prosecutors believe you intended to use the gun to commit a crime. The unlawful purpose doesn't have to be completed, just possessing the weapon with criminal intent is enough.
Both charges carry severe penalties, but possession for an unlawful purpose typically results in harsher sentences. Our experienced New Jersey gun crime attorneys can help you fight these charges.
Out-of-State Gun Permits Don't Apply in New Jersey
This catches more people than any other aspect of New Jersey gun law. Your Pennsylvania concealed carry permit means nothing here. Your Florida permit doesn't help.
If you want to legally carry a gun in New Jersey, you need a New Jersey permit to carry.
We regularly defend clients who thought their out-of-state permits protected them.
A Pennsylvania resident driving through New Jersey with a legally owned handgun and valid Pennsylvania carry permit. A Maryland hunter transporting rifles through New Jersey on the way to upstate New York. A Virginia truck driver with a firearm in their cab for protection.
All of them were shocked to learn their valid permits from other states offered no protection in New Jersey.
Common Situations That Lead to Gun Possession Charges
Airport Stops Are Incredibly Common
You're flying out of Newark or Atlantic City. You forgot your handgun was in your carry-on bag from a previous trip.
TSA discovers it during screening. Within minutes, Port Authority police arrest you for illegal gun possession. It doesn't matter that you have a valid carry permit from another state. It doesn't matter that you had no criminal intent. You're facing serious charges with mandatory minimum sentences.
We've defended dozens of people in this exact situation, responsible gun owners who made an honest mistake and now face years in prison because of New Jersey's strict laws.
Traffic Stops Lead to Countless Gun Charges
Police pull you over for speeding or a broken taillight. They ask to search your vehicle. You consent, thinking you have nothing to hide. They find your legally owned handgun that you're permitted to carry in your home state. You're arrested on the spot.
Or you're honest when the officer asks if you have any weapons in the vehicle. You tell them about the handgun secured in your glove box. You show them your Pennsylvania carry permit. They arrest you anyway because that permit doesn't apply in New Jersey.
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“Mr K. Camili great attorney and very professional. All cases was dismissed and great communication with him and his staff. I would recommend him 5 stars.”
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Penalties for Illegal Gun Possession in New Jersey
New Jersey's gun penalties are among the harshest in the nation. The Graves Act imposes mandatory minimum sentences.
Penalties for Possessing a Firearm Without a Permit
Unlawful possession of a handgun is a second-degree crime in New Jersey, carrying:
- 5 to 10 years in state prison
- Fines up to $150,000
- Mandatory minimum of 42 months (3.5 years) in prison with no parole eligibility under the Graves Act
Possession of certain weapons, like assault firearms, sawed-off shotguns, or silencers, can result in third-degree or even second-degree charges depending on the weapon type.
Even possession of ammunition without a valid firearms purchaser identification card or permit is a fourth-degree crime carrying up to 18 months in prison.
Penalties for Possessing a Weapon for an Unlawful Purpose
Possession of a weapon for an unlawful purpose is typically a second-degree crime, carrying:
- 5 to 10 years in state prison
- Fines up to $150,000
- Mandatory minimum of 42 months in prison under the Graves Act
Mandatory Minimum Sentences Under the Graves Act
The Graves Act is what makes New Jersey gun charges so terrifying. Enacted in 1981, this law requires mandatory minimum prison sentences for certain gun crimes with no possibility of parole during that minimum period.
For second-degree gun possession charges (most handgun cases), the Graves Act mandates:
- Minimum 42 months (3.5 years) in state prison
- No parole eligibility during those 42 months
- Sentence must be served in state prison
Even first-time offenders with no criminal history face these harsh penalties.
The only way to avoid Graves Act mandatory minimums is to:
- Get the charges dismissed entirely
- Negotiate a plea to a lesser charge not covered by the Graves Act
- Obtain a Graves Act waiver, which requires prosecutor consent and judicial approval
Gun charges in New Jersey carry some of the harshest penalties in the country. The mandatory minimums under the Graves Act mean even first-time offenders face years in state prison with no possibility of parole.
Speak with our New Jersey illegal possession of firearms lawyer to understand your best options for avoiding these devastating consequences.
How Our New Jersey Illegal Possession of Firearms Lawyer Works to Reduce or Dismiss Charges
Every gun case has unique facts that determine which defense strategies will succeed.
- How did police discover the firearm?
- Did they have legal authority to search you or your vehicle?
- Can prosecutors prove you possessed the weapon?
- Were you transporting it legally under federal law?
Your specific circumstances shape our entire approach.
But we can show you the defense strategies we use typically so you understand how we fight these cases.
Challenging Consent in Warrantless Searches
Most gun possession cases start with a search of your vehicle, your home, or your person.
If police didn't have a warrant, they needed either your consent or an exception to the warrant requirement. We challenge consent searches aggressively.
Police claim you consented to the search, but did you really? Did they inform you that you could refuse? Did they create a coercive environment where you felt you had no choice?
If you felt pressured or didn't understand you could refuse, that consent isn't valid.
If we can suppress the evidence because the search was illegal, prosecutors can't prove their case. The charges get dismissed.
Challenging Illegal Motor Vehicle Stops
Police need reasonable suspicion of a traffic violation or criminal activity to stop your vehicle. If they didn't have it, everything that followed would get suppressed.
Our New Jersey illegal possession of firearms lawyer examines the stated reason for the stop.
Police claim they stopped you for failing to signal a lane change, but dashboard camera footage shows you did signal. If the initial stop was pretextual or based on a fabricated violation, we can get the entire stop thrown out.
If the stop was illegal or improperly extended, any evidence discovered afterward cannot be used against you.
Seeking Graves Act Waivers and Charge Reductions
When the facts don't support dismissal, we focus on avoiding mandatory minimum sentences by seeking Graves Act waivers or negotiating charge reductions.
Graves Act waivers require prosecutor approval and judicial consent. We build cases for waivers by demonstrating:
- You have no prior criminal history.
- You're a responsible gun owner.
- The weapon was properly secured and unloaded.
- You pose no danger to public safety.
We've successfully obtained Graves Act waivers for out-of-state residents who forgot firearms were in their vehicles and airport cases involving honest mistakes.
Discuss your case with our New Jersey illegal possession of firearms lawyer, and learn exactly how we can help.
Why People Trust Camili & Capo, PA, With Their Gun Charges Cases
Krenar Camili didn't grow up with connections in the legal world. No family members practicing law. No inside track to success. He was the first in his family to attend law school, which meant creating his own path through determination and hard work.
That background taught him something crucial about criminal defense: when someone's freedom depends on your work, there's no room for shortcuts or half measures. You do whatever it takes to protect your client.
After clerking for the Honorable Raymond A. Reddin, J.S.C. of the Passaic County Superior Court, Krenar spent over seven years as an Assistant Prosecutor in New Jersey. During that time, he prosecuted gun cases regularly. He learned how prosecutors build these cases, what evidence they need to secure convictions, and where their cases are weakest.
He presented countless cases to grand juries for indictment. He negotiated plea agreements with defense attorneys. He tried cases before judges and juries. He saw which defense arguments actually work and which ones prosecutors easily overcome.
That prosecutor experience is invaluable when defending gun charges because New Jersey's gun laws are unforgiving. There's little room for negotiation when mandatory minimums apply. You need someone who knows exactly how prosecutors think, what evidence they consider essential, and what weaknesses they hope you won't discover.
We've handled hundreds of gun cases. We know when to push for dismissal, when to negotiate Graves Act waivers, and when to take cases to trial. We know how to challenge illegal searches and stops. We know how to build compelling arguments for charge reductions.
Discuss your case with our illegal possession of a firearm defense attorney in Totowa, NJ. We can help you.
Contact Our New Jersey Illegal Possession of Firearms Lawyer at Camili & Capo, PA, Today for a Free Consultation
The thought of spending years in state prison for an honest mistake feels overwhelming. You have a family who depends on you, a job you can't afford to lose, and a future that suddenly seems impossible.
We understand the fear you're experiencing. Gun charges in New Jersey carry consequences that can destroy lives. But you have options, and the sooner we start working on your case, the better those options become.
We explain everything in clear language without legal jargon. We give you honest assessments of your situation and realistic expectations about possible outcomes. We stand with you at every court appearance and fight for the best possible resolution.
For help from an illegal possession of firearms lawyer in New Jersey, contact the Camili & Capo, PA, firm online or call today.
