Permits to Purchase and Carry
In New Jersey, obtaining a firearm legally involves several steps. First, you need a Firearms Purchaser Identification Card (FPID) to purchase a handgun, rifle, or shotgun. To acquire a handgun, you also need a Permit to Purchase a Handgun for each individual handgun. Carrying a handgun requires a separate Permit to Carry, which is very difficult to obtain.
It’s important to note that possessing a firearm without the necessary permits is a serious offense. Simply owning a gun without an FPID or attempting to purchase a handgun without a Permit to Purchase can lead to criminal charges. The Permit to Carry is exceptionally stringent; applicants must demonstrate a justifiable need, which goes beyond general self-defense concerns.
“Ghost Guns” and the Law
“Ghost guns,” or privately made firearms (PMFs), are firearms assembled from parts, often without serial numbers. In New Jersey, these firearms are subject to the same regulations as commercially manufactured guns. As of 2022, New Jersey law requires all firearms, including PMFs, to be serialized and registered. Anyone possessing an unserialized “ghost gun” can face severe penalties.
Building a firearm at home might seem like a way to bypass regulations, but it is crucial to understand that you must still adhere to all state and federal laws, including registration and serialization requirements. Failure to do so can result in serious criminal charges.
Mandatory Minimum Sentences
New Jersey law includes strict mandatory minimum sentences for certain gun offenses. For example, unlawful possession of a handgun can carry a mandatory minimum prison sentence, meaning a judge must impose a minimum term of imprisonment, regardless of mitigating circumstances. The Graves Act, in particular, mandates prison terms for specific firearm offenses, severely limiting judicial discretion.
These mandatory minimums mean that if you’re convicted of certain gun crimes, you could face years in prison, even without a prior criminal record. It’s essential to understand the gravity of these penalties and the necessity of compliance with all gun laws.
Navigating New Jersey’s firearm laws can be complex. If you are facing weapons charges, it’s critical to seek experienced legal counsel immediately. A knowledgeable attorney can help you understand your rights and defenses, and work toward the best possible outcome for your case.