New Jersey Gun Charge Lawyer

A gun charge in New Jersey can carry a prison term that a judge cannot simply shorten, and for many people the case turns on whether they can get out from under a mandatory minimum rather than on whether they did anything violent. Sanvenero & Cittadino, LLC defends clients accused of weapons offenses in Superior Court and municipal court, and handles firearm permit denials and appeals for gun owners and applicants throughout Monmouth County, Ocean County, Middlesex County, and across the state. As a New Jersey gun charge lawyer team, we also see how often a weapons charge arrives tangled up with a restraining order, a traffic stop, or a family dispute.

Most people charged with unlawful possession are not what the public imagines when it hears “gun crime.” Many are licensed owners in other states, hunters transporting a firearm the wrong way, people whose Firearms Purchaser Identification Card was revoked after a domestic violence order, or drivers whose car was searched during an unrelated stop. The charge is the same on paper regardless, and New Jersey treats possession as a serious crime of its own, separate from whatever else happened that night.

The sentencing structure is where cases are won or lost. The degree of the offense, whether the Graves Act applies, whether the prosecutor will support a waiver, and whether the client qualifies for diversion all shape the outcome long before a trial date is set. That is where we spend most of our time.

What the Statutes Actually Say About Unlawful Possession

Unlawful possession is governed by N.J.S.A. 2C:39-5, and the degree of the crime depends on the type of weapon. Possessing a handgun without the required permit is a second-degree offense, which carries five to ten years. A rifle or shotgun is a third-degree offense, with a range of three to five years. Other weapons fall under fourth-degree, up to eighteen months. The handgun offense was a third-degree crime until legislation in 2013 raised it to second degree, which is why older advice you may hear from friends or relatives about handgun cases is often out of date.

On top of the base sentence sits the Graves Act, N.J.S.A. 2C:43-6(c). For covered offenses it requires a minimum term with no parole eligibility, generally the greater of forty-two months or one-half of the sentence imposed, and eighteen months at minimum for fourth-degree Graves Act offenses. In practical terms, a judge who might otherwise be inclined toward probation has limited room to move unless the mandatory term is waived.

That waiver is not automatic. Under N.J.S.A. 2C:43-6.2, the assignment judge can waive the mandatory minimum, but only on motion by the prosecutor and only where the defendant has no prior gun offense conviction. So much of the work in a first-offense handgun case is directed at the prosecutor’s office: assembling the background, the circumstances of the stop, the client’s history, and the reasons the minimum would serve no purpose.

Why Choose Sanvenero & Cittadino for a Weapons Case

Sanvenero & Cittadino, LLC is a full-service firm serving Monmouth County, including Shrewsbury, Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, as well as Ocean County, Toms River, and Middlesex County. Our criminal defense attorneys appear in Superior Court and in municipal courts throughout the region on indictable charges, disorderly persons offenses, DWI, traffic matters, and firearm ID application appeals. Our attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers.

Richard Sanvenero, our Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney who previously served as a law clerk in the Family Part of the Superior Court. That background matters in gun cases more often than people expect, because a weapons charge frequently grows out of a domestic violence complaint, and a restraining order triggers firearm surrender and revokes a Firearms Purchaser Identification Card. Joshua Cittadino, Founding Partner, has experience across litigation, business transactions, real estate, construction, personal injury, and employment matters, which helps when a client’s livelihood, such as a security job, a licensed business, or a professional position, is exposed by the charge. Mike Canarick, Of Counsel and a tax and estate planning attorney, rounds out a team that can address the financial and planning fallout when a criminal case disrupts a family or business.

Clients tell us what they value is plain communication: we return calls and explain each step in terms a non-lawyer can follow. In a gun case, where the exposure is measured in years, that means telling you early what the realistic range looks like, what the prosecutor is likely to offer, and what we can do about it. The firm has also recovered $400,000 for personal injury clients in just three months, a reminder that we try to move matters efficiently across every practice area we handle.

Gun-Related Charges and Proceedings We Handle

• Unlawful Possession of a Handgun: Charged under N.J.S.A. 2C:39-5(b) as a second-degree crime with a five to ten year range. These cases commonly start with a motor vehicle stop, a search following a domestic call, or a licensed out-of-state owner passing through the state.
• Possession of a Rifle or Shotgun: A third-degree offense under 2C:39-5(c), with a three to five year range. Transport and storage violations by hunters and sport shooters often land here.
• Other Weapons Offenses: Fourth-degree charges under 2C:39-5(d) carry up to eighteen months and cover items outside the handgun and long-gun categories.
• Graves Act Cases: Mandatory minimum exposure under N.J.S.A. 2C:43-6(c), and the question of whether a prosecutor will move for a waiver under 2C:43-6.2 for a defendant with no prior gun conviction.
• Firearm ID and Permit Denials: Appeals of a denied Firearms Purchaser Identification Card or a denied permit to purchase a handgun, often tied to a prior arrest, a restraining order, or a records dispute.
• Weapons Charges Tied to Domestic Violence: Under a restraining order, all firearms must be surrendered and any Firearms Purchaser Identification Card is revoked. A violation of the order can also be prosecuted as contempt under N.J.S.A. 2C:29-9.
• Gun Charges Alongside Other Offenses: A weapon found during a DWI stop or a drug arrest can multiply the counts, and the order in which those charges are resolved can affect the outcome of each.

What to Do After a Gun Arrest in New Jersey

Say as little as possible to police and do not consent to a search of your car, bag, or home. Whether the weapon was lawfully seized is often the strongest issue in the entire case, and a statement you make at the scene or at the station can undercut it. Ask for a lawyer and stop talking. Do not try to explain your permit, your out-of-state license, or your reason for carrying; those explanations tend to become admissions.

Write down everything you remember while it is fresh: where you were stopped, what officers said before they searched, whether you were asked for consent, how long the stop lasted, and who else was present. Gather any paperwork connected to the firearm, such as an out-of-state license, a purchase record, or proof of lawful transport. A weapons case is built on small details, and those details fade quickly.

Serious weapons charges are indictable offenses handled in the Superior Court, Criminal Division, and in Monmouth County that means the courthouse in Freehold. Lesser or related matters, such as a traffic stop that led to the arrest, may begin in the local municipal court, whether that is Red Bank Municipal Court, Middletown Township Municipal Court, Long Branch Municipal Court, or the shared Holmdel and Colts Neck court sitting in Colts Neck. In Ocean County, indictable matters go through the courthouse in Toms River. Expect early conferences and a window in which a prosecutor decides whether to offer a plea, support a Graves Act waiver, or consider diversion. Getting a lawyer involved before those positions harden gives you the most room to negotiate.

The common mistakes are avoidable. People talk to detectives without counsel, assume a valid permit from another state ends the discussion, ignore the effect of a restraining order on a firearms card, or wait until the indictment to look for help. If a domestic violence complaint is part of the story, deal with the restraining order and the weapons charge together, since the outcome of one often affects the other.

Diversion, Waivers, and the Long Road to Expungement

Pretrial Intervention, governed by N.J.S.A. 2C:43-12, can lead to dismissal of the charges once supervisory treatment is completed. It is a one-time opportunity: anyone who has previously received supervisory treatment, a conditional discharge, or a conditional dismissal is not eligible. Admission is more restricted for people charged with first- or second-degree crimes, who generally must plead guilty to enter, and there is a presumption against admission where the charges involve violence or the threat of violence. Because unlawful handgun possession is a second-degree offense, diversion is not a given, and whether it is realistic depends heavily on the facts.

The Graves Act waiver is the more common route for first-time defendants, but it depends on the prosecutor’s motion. Our job is to give the prosecutor reasons to make it: a clean record, steady employment, family responsibilities, and a clear account of how the firearm came to be where it was found.

Looking ahead, a conviction does not necessarily last forever on your record. Under the Clean Slate law, N.J.S.A. 2C:52-5.3, expungement can be available after ten years since your last conviction and since paying fines and fees and completing probation or parole. The more traditional route requires a waiting period of five years after the sentence is served for indictable and disorderly persons offenses, with earlier pathways of four years for an indictable conviction in compelling circumstances and three years for disorderly persons offenses. Some of the most serious crimes are barred from expungement entirely. Knowing these timelines at the start helps shape what plea is worth accepting.

Frequently Asked Questions About New Jersey Gun Charges

Is unlawful possession of a handgun a felony in New Jersey?

Yes. It is an indictable, second-degree crime under N.J.S.A. 2C:39-5(b), with a sentencing range of five to ten years. The Graves Act can also apply, which adds a mandatory minimum period without parole eligibility.

What is the Graves Act?

It is a sentencing law, N.J.S.A. 2C:43-6(c), that requires a minimum prison term without parole for certain firearm offenses. Generally that minimum is the greater of forty-two months or one-half of the sentence imposed, and eighteen months for fourth-degree offenses covered by the Act.

Can the mandatory minimum be waived?

Yes, in limited circumstances. Under N.J.S.A. 2C:43-6.2, the assignment judge can waive it on the prosecutor’s motion if the defendant has no prior gun offense conviction. The judge cannot do it alone, which is why the prosecutor’s position matters so much.

Is a rifle or shotgun treated the same as a handgun?

No. Unlawful possession of a rifle or shotgun is a third-degree crime with a three to five year range, while a handgun is second degree with five to ten years. Other weapons are fourth degree, up to eighteen months.

Can I get Pretrial Intervention on a gun charge?

Possibly, but it is not assured. PTI under N.J.S.A. 2C:43-12 is available only once per person, and admission is more difficult for first- and second-degree charges, where a guilty plea is generally required, and where the case involves violence or the threat of violence. The right answer depends on the charge, your record, and the facts.

My out-of-state permit is valid. Why was I charged?

A permit from another state does not authorize you to carry or possess a handgun in New Jersey. Travelers are routinely caught by this. How the firearm was transported, where it was found, and your circumstances can still matter greatly to the defense and to what the prosecutor is willing to offer.

What happens to my guns if a restraining order is issued against me?

All firearms must be surrendered and any Firearms Purchaser Identification Card is revoked. A violation of a temporary or final restraining order can also be prosecuted as contempt. If you are facing both a restraining order and weapons exposure, the two cases should be handled together.

Can I appeal a denied Firearms Purchaser Identification Card or handgun permit?

Yes. We handle appeals of FID denials and denials of a permit to purchase a handgun, including denials rooted in an old arrest, a restraining order, or an incorrect record. A denial is not necessarily final.

How long does a gun case take in Monmouth County Superior Court?

There is no fixed timeline. Indictable cases move through pretrial conferences, motions, and plea discussions, and cases with a suppression issue or a contested Graves Act waiver generally take longer than those resolved early. We will tell you where your case stands and what the next event is.

Will a gun conviction affect my job or my professional license?

It can. A conviction may affect employment, licensing, and future firearm eligibility. This is one reason we look at the collateral consequences before recommending any plea, and why the firm’s broader experience with business and employment issues is useful.

If I was stopped for DWI and a firearm was found, how are the cases connected?

They are separate charges but they come from the same stop, so the legality of the stop and search can affect both. A refusal to take a breath test carries its own license suspension and penalties, so the traffic and weapons cases need to be coordinated rather than treated in isolation.

When can a gun conviction be expunged?

It depends on the offense and the record. Clean Slate expungement requires ten years since your last conviction and since paying fines and fees and completing probation or parole. Other routes generally require five years after the sentence is served, with shorter periods for compelling circumstances or disorderly persons offenses. Some serious crimes are barred entirely.

Serving Weapons and Firearm Clients Across Monmouth, Ocean, and Middlesex Counties

Our work for gun charge clients starts in Monmouth County, in the communities of Shrewsbury, Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, and we regularly appear in the municipal and Superior Court venues that serve them. From there the practice extends into Ocean County, including Toms River, and across Middlesex County, where we represent clients in both Superior Court and local municipal courts.

We also represent clients across the rest of New Jersey. A weapons charge doesn’t stay put in one town, and the people who call us are often facing questions that run from a local municipal court to a county indictment to a permit appeal, sometimes at the same time. Wherever the arrest happened, we can take the call.

Speak With a New Jersey Gun Charge Attorney Today

The decisions made in the first weeks of a weapons case, what you say, what you sign, and how early a defense strategy takes shape, tend to determine what options remain. If you have been charged, or your firearm permit has been denied or revoked, call Sanvenero & Cittadino, LLC to schedule a consultation with a New Jersey gun charge attorney who will walk through your exposure, the Graves Act issues, and the realistic paths forward.

We will explain what the charge means in plain terms, what the prosecutor is likely to do, and what we can do about it. Call to arrange a conversation about your case.