New Jersey Firearms Lawyer

In New Jersey, the question that decides most gun cases is rarely whether you meant any harm. It is whether the paperwork, the place, and the person holding the weapon all lined up with the law at the moment an officer looked at it. A New Jersey firearms lawyer spends much of the job on that narrow question, because the answer can separate a dismissed charge from a state prison term. Sanvenero & Cittadino, LLC represents people facing firearm charges, permit and Firearms Purchaser Identification Card denials, and gun-related fallout from restraining orders, serving clients across Monmouth County, Ocean County, Middlesex County, and the rest of the state.

The stakes are lopsided in this state. A handgun charge is not treated like an ordinary weapons offense, and a gun-owning New Jersey resident can lose the right to possess firearms through a restraining order without ever being convicted of anything. The decisions made in the first days, including what to say, what to surrender, and which court track the case lands on, tend to shape everything that follows.

How New Jersey Grades Unlawful Possession, and Why the Weapon Type Matters

New Jersey’s unlawful possession statute, N.J.S.A. 2C:39-5, sorts offenses by the kind of weapon involved. Possessing a handgun without the required permit is a second-degree crime carrying five to ten years. Rifles and shotguns fall under a different subsection and are third-degree crimes with a range of three to five years. Other weapons are fourth-degree offenses with exposure of up to 18 months. The handgun grade was raised from third degree to second degree by legislation in 2013, which is why older advice about “a third-degree gun charge” is often out of date.

The grade matters because of what sits on top of it. The Graves Act, N.J.S.A. 2C:43-6(c), imposes a mandatory minimum term without parole eligibility for covered gun offenses. In general, that minimum is the greater of 42 months or one-half of the sentence imposed, and fourth-degree Graves Act offenses carry an 18-month minimum. That is a floor the judge cannot simply lower because the circumstances are sympathetic.

There is a pressure valve, but it is narrow. Under N.J.S.A. 2C:43-6.2, on motion by the prosecutor, and where the defendant has no prior gun offense conviction, the assignment judge can waive the Graves Act mandatory minimum. Whether the prosecutor makes that motion is often the central negotiation in a gun case, and it is where preparation and presentation matter most.

Why Choose Sanvenero & Cittadino, LLC for a Firearms Case

Sanvenero & Cittadino, LLC is a full-service New Jersey firm that represents individuals, families, and business owners throughout Monmouth, Ocean, and Middlesex Counties and across the state. Its criminal defense attorneys appear in Superior Court and in municipal courts on indictable charges, disorderly persons offenses, DWI matters, and firearm ID application appeals, including denials of a Firearms Purchaser Identification Card or a permit to purchase a handgun. The firm also handles the gun issues that arise from domestic violence matters, which is where many New Jersey residents first lose access to their firearms.

That overlap with family law is a real advantage. Richard Sanvenero, 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 of New Jersey. When a restraining order forces a gun surrender and a revoked FPIC card, someone who understands how the Family Part operates can coordinate the criminal and family sides of the problem rather than treating them as separate crises. Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which helps when a gun case touches a licensed business, a job that requires a clean record, or a civil claim running in parallel. Mike Canarick, Of Counsel, is a tax and estate planning attorney, a useful resource when firearms are part of an estate or a trust. The firm’s attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers.

Clients tell us what they value is plain communication. The team returns calls and explains each step in plain terms, which matters when a client is deciding whether to accept a plea offer or push toward a hearing. The firm recently recovered $400,000 for personal injury clients in just three months, a reminder that the same trial-ready preparation applies across practice areas.

The Situations That Bring People to a Firearms Lawyer

• Unlawful Possession of a Handgun: Charged under N.J.S.A. 2C:39-5 as a second-degree crime with a five to ten year range, and often a Graves Act case. Many of these begin with a motor vehicle stop, a search following a warrant check, or a gun found in a vehicle by someone who believed an out-of-state license covered them.
• Rifle and Shotgun Possession: Third-degree exposure of three to five years when the weapon is possessed without the required credentials. Hunters, inheritors of long guns, and people who moved to New Jersey from another state sometimes learn about the requirement only after a charge.
• FPIC and Handgun Permit Denials: An application can be denied or an existing card revoked, and the denial can be appealed. These appeals turn on the stated grounds for denial, the applicant’s record, and the supporting documentation put before the court.
• Guns Surrendered Under a Restraining Order: Under a domestic violence restraining order, all firearms must be surrendered and any Firearms Purchaser Identification Card is revoked. A temporary order brings a hearing within ten days, so the clock starts almost immediately.
• Violation of a Restraining Order: Contact or conduct that breaks a TRO or FRO can be prosecuted as contempt under N.J.S.A. 2C:29-9, and a gun in the picture raises the stakes on both the criminal and family fronts.
• Gun Charges Paired With Other Offenses: A firearm found during a drug arrest, a DWI stop, or a domestic dispute can be added to the charging document, changing the grade, the court, and the realistic plea options.
• Pretrial Intervention Eligibility: PTI under N.J.S.A. 2C:43-12 can lead to dismissal on successful completion, but it is not available to everyone and the exclusions matter in weapons cases.
• Record Clearing After a Gun Case: Expungement rules distinguish between the most serious offenses and others, and the waiting period depends on the type of conviction.

What to Do Right After a Gun Charge or a Surrender Order

Start with silence. Anything said to the arresting officers, at the scene or later, can be used, and explanations that feel harmless often supply the knowledge or possession element the State would otherwise struggle to prove. Be polite, identify yourself, and decline to discuss the weapon until you have spoken with counsel. Do not consent to a search of a vehicle or home, and do not touch the firearm again if you are still holding it.

If a restraining order is in play, comply completely and immediately. The order requires surrendering all firearms, and the temporary order sets a hearing within ten days. Do not attempt to move guns to a relative or a friend informally; how a surrender is documented and carried out can affect both the family case and any later request to regain your rights. Contact with the protected person, even a friendly text, can become a contempt charge.

Where the case goes depends on the charge. Indictable gun offenses are handled in Monmouth County Superior Court in Freehold or the Ocean County Superior Court in Toms River, while disorderly persons offenses and many related traffic or ordinance matters stay in the local municipal court. For clients in the area, that can mean Red Bank Municipal Court, which also handles Shrewsbury Township matters under a shared services agreement, or Middletown, Long Branch, Asbury Park, Rumson, Tinton Falls, Colts Neck, or Freehold municipal courts, depending on where the incident occurred. Restraining order proceedings run through the Family Part, such as the Monmouth County Family Division in Freehold, the Ocean County Family Division in Toms River, or the Middlesex County Family Division in New Brunswick.

Gather what you have: the permit or FPIC paperwork, any purchase records, the charging documents, the restraining order, and notes about exactly how the encounter unfolded, written while memory is fresh. If you are an applicant who has been denied, keep the denial letter and any supporting records, because an appeal depends on them. Then call a lawyer before you accept any plea offer or enter any program. Some decisions, once made, cannot be reversed.

Diversion, Dismissal, and Clearing the Record

Pretrial Intervention is the diversion route most people have heard of. Under N.J.S.A. 2C:43-12, a defendant who completes supervised treatment can have the charges dismissed. Two features matter in weapons cases. First, supervisory treatment is available only once per defendant, so anyone who previously received PTI, a conditional discharge, or a conditional dismissal is not eligible. Second, there is a presumption against admission where the charges involve violence or the threat of violence, including domestic violence committed while a restraining order was in effect, and for certain public officers whose offense touched their position. For first- and second-degree charges, admission may require a guilty plea, a consideration that weighs heavily when a handgun offense is graded as a second-degree crime.

If a conviction does result, expungement can eventually restore a clean record. The most serious crimes, such as murder, kidnapping, robbery, and arson, are barred, but many other offenses are eligible. In most cases the waiting period is five years after the sentence is served for indictable and disorderly persons offenses. Earlier pathways exist in compelling circumstances, including four years for an indictable conviction and three years for a disorderly persons offense, and the Clean Slate law allows relief after ten years without a new conviction. Whether a particular gun conviction qualifies, and when, depends on the exact offense and your history.

Common Questions About New Jersey Firearm Cases

Is unlawful possession of a handgun always a Graves Act case?

Covered gun offenses generally trigger the Graves Act, which carries a mandatory minimum without parole eligibility, usually the greater of 42 months or one-half of the sentence imposed. Fourth-degree Graves Act offenses carry an 18-month minimum. Whether a specific charge is covered depends on the statute charged and the facts alleged.

Can the mandatory minimum ever be avoided?

Yes, in limited circumstances. Under N.J.S.A. 2C:43-6.2, if the prosecutor moves for it and the defendant has no prior gun offense conviction, the assignment judge can waive the Graves Act minimum. That depends on the prosecutor’s decision, so how the case is presented and negotiated matters a great deal.

What is the difference between a handgun charge and a rifle or shotgun charge?

Possessing a handgun unlawfully is a second-degree crime with a five to ten year range. Rifles and shotguns are third-degree crimes with a three to five year range, and other weapons are fourth-degree offenses with up to 18 months. The grade drives sentencing exposure, the court track, and what a plea realistically looks like.

Do I lose my guns if a restraining order is issued against me?

Yes. Under a domestic violence restraining order, all firearms must be surrendered and any Firearms Purchaser Identification Card is revoked. The temporary order is followed by a hearing within ten days, and a final restraining order, if granted, does not expire. That is why the hearing itself deserves careful preparation.

What standard of proof applies at a final restraining order hearing?

A preponderance of the evidence, meaning more likely than not. That is far lower than the standard in a criminal trial, which is why people sometimes lose their gun rights through the Family Part without any criminal conviction. The Prevention of Domestic Violence Act governs these proceedings.

Can I be charged with contempt for violating a restraining order even if I did not threaten anyone?

Violating a TRO or FRO can be prosecuted as contempt under N.J.S.A. 2C:29-9. The charge turns on whether you violated a specific term of the order, not necessarily on whether you meant harm, and a text or a visit can be enough.

If my FPIC or handgun permit is denied, can I appeal?

Yes. Denials of a Firearms Purchaser Identification Card or a permit to purchase a handgun can be appealed, and our firm handles those appeals. The outcome depends on the reasons stated for the denial and the record you can put before the court.

Can I get into Pretrial Intervention on a gun charge?

Possibly, but it is not automatic. Supervisory treatment is available only once, and there are presumptions against admission in cases involving violence or the threat of violence. For a first or second degree charge, admission can require a guilty plea. Whether PTI is realistic depends on the specific charge and the applicant’s background.

Does a gun conviction show up on my record forever?

Not necessarily. Many offenses can be expunged after a waiting period, commonly five years after the sentence is served for indictable and disorderly persons offenses, with earlier routes in compelling circumstances and a ten-year Clean Slate pathway. The most serious crimes are excluded, so eligibility has to be checked offense by offense.

Will a DWI or a domestic violence matter affect my ability to own a firearm?

Domestic violence matters can, because a restraining order revokes the FPIC and requires surrender of all firearms. A DWI is handled separately, but any criminal record can come up when you apply for a permit or card, so it is worth reviewing your history with counsel before you apply.

Is it worth hiring a lawyer for a low-level weapons charge?

Often yes. A fourth-degree charge still carries up to 18 months, and a Graves Act fourth-degree offense has an 18-month minimum. A conviction can also affect your license eligibility, your job, and your ability to ever possess a gun lawfully, so early advice can change the options available.

Serving Firearms Clients Across Monmouth, Ocean, and Middlesex Counties

Sanvenero & Cittadino, LLC represents clients throughout Monmouth County, including Shrewsbury, Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park. Weapons charges in these communities are heard in the municipal courts of the towns where the incident occurred or, for indictable offenses, in the county’s Superior Court in Freehold, so local knowledge of how each court operates helps in practical ways. The firm also serves clients in Ocean County, including Toms River, and across Middlesex County, where Family Part matters involving restraining orders are heard in New Brunswick. Beyond those counties, the firm represents clients throughout the state of New Jersey.

Speak With a New Jersey Firearms Attorney Today

Whether you are facing a handgun charge, a permit or FPIC denial, or a gun surrender order tied to a restraining order, the choices you make in the next few days carry real weight. A New Jersey firearms attorney at Sanvenero & Cittadino, LLC can review the charges, explain the realistic paths from diversion to trial, and coordinate with the family side of your situation if a restraining order is involved. Call to schedule a consultation and get a clear read on where you stand before you decide how to proceed.