The United States Constitution establishes certain rights related to owning a gun. However, the government may also place restrictions on when and how a person may have or use a gun. There are a multitude of laws in Monmouth County that address such concerns.
These laws cover various matters, from possession without the proper permit to use of a firearm during the commission of some other illegal act. If the police have charged you with some gun-related offense, it is important to remain calm and determine whether there may be defenses available to you.
A lawyer who is well-versed in building defense strategies for Monmouth County gun charges could be of great help to your case. Consider reaching out to an experienced gun attorney to see how they could help you understand the related laws and how you could best defend yourself before and during trial.
Monmouth County Gun Charges
New Jersey Revised Statutes §2C:39-5 establishes several regulations addressing the unlawful possession of various weapons. Among other matters, this statute criminalizes the following acts to varying degrees:
- Possessing an unlicensed machine gun or assault firearm
- Carrying a handgun without a permit
- Not having a firearms purchaser identification card for a rifle or shotgun
- Possessing real or imitation weapons—including air guns—on an educational campus
- Possessing other weapons in an inappropriate manner for legal use
N.J.R.S. §2C:39-4 further states that a person may not possess weapons for an unlawful purpose, such as to commit a crime against a person or property. In such a scenario, the government could punish possession of a gun with half the sentence of imprisonment levied for the associated criminal act.
Defenses for Gun Charges in Monmouth County
If law enforcement charges a person with a crime, it is the prosecution’s duty to prove every element of that crime beyond a reasonable doubt. If the prosecutor cannot do that, the court cannot convict the person of that crime.
A skilled lawyer may be able to attack some or all of the claims brought by the prosecutor or the prosecution’s strategies, including how the police obtained any alleged evidence in the first place. If the police conducted an illegal search, any evidence discovered may have to be excluded from a trial.
Proving Gun Crimes
In order to secure a conviction on a gun-related criminal charge, the government typically needs to prove that the defendant committed one or more of the following acts:
- Possessed an illegal weapon,
- Did not have a permit for a weapon in their possession
- Possessed a weapon for an illegal purpose
- Possessed a weapon specifically disallowed by law
As provided for in N.J.R.S. §2C:39-6, there are certain times and places where the law allows a person to have a gun, such as for hunting, shooting practice, or transportation. Furthermore, if a charge is a person’s first, they may be eligible for certain programs that could allow them to avoid a criminal conviction or jail time. No matter the situation, reviewing every option and potential defense strategies for Monmouth County gun charges with a qualified attorney is critical.
Talk to an Attorney About Monmouth County Gun Charge Defense Strategies
Any sort of criminal accusation should be taken seriously, but a gun-related offense could put you at risk of a lengthy prison sentence. If the police have charged you with a firearm offense, you may find it beneficial to speak with an attorney who could help you develop a solid plan of defense.
No matter your circumstances, any potential conviction could have drastic effects on your freedom and your future prospects and rights. Reach out to a lawyer specializing in gun laws today to see how best to build defense strategies for Monmouth County gun charges.