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Weapons Offenses

Camden County NJ Weapons Charge Lawyer

Trusted Criminal Defense Lawyers Defend Clients with Weapons Charges in Camden and Throughout South Jersey

When it comes to guns, New Jersey doesn’t mess around. This state has some of the most serious gun laws in the nation. The weapons offense attorneys from Aydelotte & Scardella Law LLC know how confusing legal gun possession can be. New Jersey has a lot of firearms restrictions. And there are severe punishments if you violate any of these restrictions. If you’re facing a weapons offense or gun charge, you need to consider consulting with a trusted Camden County NJ Weapons Charge Lawyer from Aydelotte & Scardella Law LLC as soon as possible.

Our trusted criminal defense attorneys understand how frustrating and scary it can be to face potentially years in prison for what amounts to a misunderstanding about the law. The serious consequences are not something you should fight on your own. You need the knowledge, understanding, and skill that come with hiring a dedicated Camden NJ Criminal Attorney from Aydelotte & Scardella Law LLC.

What Does New Jersey Consider a “Weapon?”

N.J.S.A. 2C:39-1(r) defines a weapon as “…anything capable of lethal use or of inflicting serious bodily injury.” This is purposely a very broad definition given how easily almost anything can be used as a weapon.

However, this law provides the following list of items that New Jersey considers weapons:

  • Firearms, even though not loaded or lacking a clip or other component to render them immediately operable
  • Components that can be readily assembled into a weapon
  • Gravity knives
  • Switchblade knives
  • Daggers
  • Other dangerous knives
  • Billies
  • Blackjacks
  • Bludgeons
  • Metal knuckles
  • Slingshots
  • Stun guns
  • Any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

Remember, this is not an exhaustive list. This means that something not on this list could still be considered a weapon.

Weapons Offenses in New Jersey an Experienced Camden County NJ Weapons Charge Lawyer Can Help You With

Firearm possession charges tend to be quite common in New Jersey. However, not all weapons offenses involve guns. Common weapons charges include:

  • Imitation firearms
  • Illegal transport, sale, or possession of a weapon
  • Carrying a weapon on school grounds
  • Improperly carrying a weapon in a motor vehicle
  • Carrying a weapon for an illegal purpose

Unlawful Possession of a Firearm Under New Jersey Law

New Jersey prohibits the following individuals from possessing a firearm or ammunition:

  • Anyone convicted of a serious crime, such as aggravated assault, burglary, stalking, domestic violence, endangering the welfare of a child, carjacking, or gang criminality.
  • Anyone convicted of conspiracy or an attempt to commit a serious crime.
  • Anyone who has been committed to a hospital or mental institution and does not have appropriate medical documentation showing that they no longer suffer from a mental disorder that puts them or others at risk when handling a firearm.
  • Anyone convicted of a major drug offense regarding the use, sale or possession of a controlled substance. This does not include disorders persons or petty disorderly persons drug offenses.
  • Anyone convicted of a domestic violence or disorderly persons offense.
  • Anyone subject to a domestic violence restraining order.

Restrictions are even greater for the purchase of firearms. For instance, the purchase of a firearm requires a permit or Firearms Purchaser Identification Card (FPIC). Both must be purchased from New Jersey State Police.

Permits and FPICs will not be issued to anyone who:

  • Is drug dependent as defined in section 2 of P.L.1970, c.226 (C.24:21-2)
  • Has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19)
  • Lies when applying for a permit or FPIC.
  • Is less than 18 years of age (for a FPIC) or 21 years of age for a permit.
  • Has had their firearms seized by law enforcement due to a domestic violence charge and where those firearms are still in possession by law enforcement.
  • Is on the consolidated Terrorist Watchlist administered by the FBI.
  • Is deemed to not be of good character and repute within their community.
  • Owning a firearm would not be in the interests of the general public’s safety, health, and welfare.

Under New Jersey’s red flag law, the government is allowed to temporarily confiscate your firearm if one of the following applies:

  • It is determined that you pose a threat to other people
  • It is determined that you pose a threat to yourself

Are you Facing a New Jersey Criminal Gun Charge? Contact an Experienced Camden County NJ Weapons Charge Lawyer Today

Audubon NJ Weapons Charge Attorney

With the complicated regulatory framework that surrounds New Jersey’s gun laws, it’s easy to see how a weapons violation can happen. And to make matters worse, it can happen to good people who are trying to obey the law.

But the law doesn’t care. That’s why it’s so important for you to contact us to figure out what your legal options are and to mount your legal defense.

Not having an experienced Camden County NJ Weapons Charge Lawyer can potentially mean spending years in prison when you might have been able to avoid jail time altogether. 

Don’t take chances with your future and your freedom, contact Aydolette & Scardella Law LLC today.

Frequently Asked Questions About New Jersey Weapons Charges

Q: What Is the Graves Act?

The Graves Act is the name of a New Jersey law that imposes minimum prison time for firearm-related offenses. Before 2008 it usually applied to situations where a firearm was used during the commission of another crime or with the intent to break the law.

Now, the Graves Act applies in far more situations, such as the possession of a defaced firearm or the transport or a restricted firearm.

What makes the Graves Act so notable is that it imposes mandatory minimum prison sentences. This means someone could spend years in prison for a weapons offense that is relatively “minor” and purely accidental.

Some out-of-state individuals who were in the lawful possession of a firearm (in their home state) were finding themselves serving a mandatory minimum sentence in New Jersey State Prison merely because they had crossed state lines.

Realizing how harsh the Graves Act could be, prosecutors were given greater discretion in how they applied the Graves Act. This allowed defendants the possibility of avoiding prison time altogether or even gaining acceptance into a diversionary program and keeping a felony conviction off their record.

This is sometimes known as the “Graves Act Waiver.”

Q: What are the potential penalties for weapons offense conviction?

It’s hard to answer this question, as so many things could affect a criminal sentence. These include prior criminal history, type of weapon at issue and whether the weapon was used when committing another crime.

Weapons offenses can result in no jail time and acceptance into a diversionary program. But they can also lead to a prison sentence of up to 10 years.



Aydelotte Scardella

Why Choose Us

  • 20 Years of Experience
    When your freedom is at stake, experience matters. At Aydelotte & Scardella, LLC, we have nearly 20 years of experience defending clients just like you. We’re proud to have been recognized by South Jersey Magazine as a Top Lawyer in Criminal Defense, “Rising Star” lawyers by Super Lawyers Magazine, “Awesome Attorney” by South Jersey Magazine in 2018 and by the Mercer County Bar Association for our legal abilities and commitment to legal education.
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    At Aydelotte & Scardella, LLC, we have dedicated our legal careers to defending individuals who have been accused of a crime. We will take the time to answer any questions you may have about the charges against you, what to expect during the process and develop the strongest criminal defense strategy available in your case. We know that a criminal conviction can follow you for the rest of your life, so we will leave no stone unturned to ensure that you have the strongest defense as possible.
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    We aggressively fight for individuals who have been charged with assault, shoplifting, sex crimes, domestic violence, drug crimes, weapon offenses, juvenile crimes and much more. Contact Aydelotte & Scardella, LLC today for a free criminal defense consultation. We’re ready to help you get your life back on track.
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