Weapon Charges

Contending for your rights when you face weapons charges
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Weapon Charges Attorney In New Jersey

Facing Weapons Charges?

At Thomas DeMarco & Associates, we understand the serious legal consequences that come with weapon charges in New Jersey. The state has some of the strictest gun and weapon laws in the country, and a conviction can lead to severe penalties, including jail time, hefty fines, and a permanent criminal record. If you are facing weapon charges, it is crucial to have experienced legal representation to protect your rights and mount a strong defense. Our team is dedicated to helping you navigate the complexities of New Jersey’s weapon laws and fighting for the best possible outcome in your case.


New Jersey law regulates the possession, use, and transportation of a wide range of weapons, including firearms, knives, and other deadly devices. The state imposes strict requirements on gun owners and heavy penalties for those who violate the law.

Call Thomas DeMarco & Associates at 856-541-9000 to schedule a consultation with a lawyer today.

Understanding Weapon Charges in New Jersey

Common weapon charges in New Jersey include:

1. Unlawful Possession of a Weapon

Unlawful possession of a weapon involves carrying or possessing a firearm or other weapon without the proper permits or in violation of state law. New Jersey requires individuals to have a permit to carry, purchase, or possess certain types of firearms. Even if you legally own a firearm, you could still face charges if you are carrying it in the wrong place or under the wrong circumstances.

  • Firearm Possession Without a Permit: It is illegal to possess a handgun, rifle, or shotgun without a valid permit or license. This offense is typically charged as a second-degree crime for handguns and a third-degree crime for rifles or shotguns.
  • Penalties for unlawful possession of a handgun can include 5 to 10 years in prison, with a minimum mandatory sentence of 3.5 years without parole.
  • Other Weapons: Possession of certain other weapons, such as knives, brass knuckles, or stun guns, may also lead to criminal charges, particularly if there is intent to use the weapon unlawfully.

2. Possession of a Weapon for an Unlawful Purpose

Possession of a weapon for an unlawful purpose means possessing a weapon with the intent to use it to commit a crime. This charge can apply to firearms, knives, or other weapons. The prosecution must prove that you intended to use the weapon to harm someone or commit an illegal act.

  • This is typically charged as a second-degree crime, punishable by 5 to 10 years in prison.

3. Certain Persons Not to Have Weapons

Under New Jersey law, certain individuals are prohibited from owning or possessing firearms, regardless of whether they have a permit. This law applies to individuals who have been convicted of certain crimes, have restraining orders against them, or have mental health issues that make them ineligible to possess a firearm.

  • Violation of this law is a second-degree crime, with penalties of 5 to 10 years in prison.

4. Illegal Sale or Transfer of a Firearm

The illegal sale or transfer of firearms is a serious offense in New Jersey. Individuals who buy, sell, or transfer guns without the proper permits or background checks can face harsh penalties. This includes selling firearms to individuals who are not allowed to possess them or failing to follow proper procedures for gun sales.

  • Illegal sale or transfer of firearms is typically charged as a third-degree crime, punishable by 3 to 5 years in prison. However, if the sale involves a large number of firearms, the charges could be elevated to a second-degree crime.

5. Possession of a Firearm During the Commission of a Crime

New Jersey imposes additional penalties for individuals found in possession of a firearm during the commission of another crime, such as robbery, assault, or drug offenses. These charges are treated with extreme severity and often carry mandatory prison sentences.

  • If convicted of possessing a firearm during the commission of a crime, you could face second-degree charges, with penalties of 5 to 10 years in prison, in addition to any penalties for the underlying crime.

Penalties for Weapon Charges in New Jersey

New Jersey’s weapon laws are strict, and the penalties for violating them can be severe. The penalties vary depending on the specific charge, the type of weapon involved, and the circumstances of the offense. Common penalties for weapon charges include:

  • Prison Time: Many weapon offenses, especially those involving firearms, are classified as second- or third-degree crimes, with prison sentences ranging from 3 to 10 years.
  • Fines: Convictions for weapon charges can lead to significant fines, sometimes reaching up to $150,000 depending on the offense.
  • Mandatory Minimum Sentences: Some firearm offenses, such as unlawful possession of a handgun or using a firearm during the commission of a crime, carry mandatory minimum sentences that do not allow for parole until a certain portion of the sentence is served.
  • Loss of Firearm Rights: If convicted, you could lose your right to own or possess firearms in the future, especially if the conviction involves certain felony offenses.


At Thomas DeMarco & Associates, we have extensive experience defending clients against weapon charges in New Jersey. We understand the seriousness of these charges and the impact they can have on your life. Our legal team is dedicated to providing aggressive and personalized defense to protect your rights and fight for the best possible outcome.


Whether we are working to have the charges reduced, seeking alternative sentencing options, or preparing for trial, we will be with you every step of the way. Our attorneys will thoroughly investigate your case, challenge the evidence, and explore every possible defense to protect your future.

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Have Questions?

Call Thomas DeMarco & Associates at 856-541-9000 today to speak to an attorney.

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