Are Guns Legal in New Jersey If You’re From Out of State?

Under NJ law, you need valid state permits to carry or possess firearms in New Jersey, regardless of what permits you may have in your home state. New Jersey doesn’t recognize out-of-state gun permits, which means that the gun being legally owned and registered in your state doesn’t protect you from facing charges for illegally possessing those guns in NJ.

How Does the Graves Act Apply to My Case?

The Graves Act (NJ Rev Stat § 2C:43-6 (2022)) establishes mandatory prison terms for crimes that include weapons offenses in New Jersey. Under this state law, you could face 10 to 20 years in jail for first-degree weapons charges, five to 10 years for second-degree charges, three to five years for third-degree charges, and up to 18 months for fourth-degree charges. Although the Graves Act calls for mandatory prison sentences, it may be possible to obtain a Graves Act waiver that prevents these minimum jail terms from applying in your case. In 2014, the state

New Jersey Out-of-State Weapons Charges Lawyers

Knowledgeable Out-of-State Gun Possession Defense Attorneys Help Clients Fight Interstate Weapons Charges in Haddonfield, NJ

One quick trip across the bridge with firearms in your car could land you in serious trouble in New Jersey. You may be facing years of jail time for illegal possession, even if your gun is lawfully owned in your home state.

The lawyers at Agre & St. John can help you understand and defend against out-of-state weapons charges. Contact us today for a free, confidential consultation.

Gun Charges Filed Against Out-of-State Owners When Visiting New Jersey

Possessing, carrying, or transporting a gun into New Jersey from another state may be illegal, even if you have the proper permits for the weapon in your home state.

The result is that innocent travelers whose weapons are safely locked away in the trunk of their cars could face criminal charges and potentially years of jail time just for driving into NJ with their legally owned guns they didn’t even use.

Charged With Carrying a Gun Illegally in New Jersey

Under NJ Rev Stat § 2C:39-5 (2022), carrying a handgun without having a permit to carry such a weapon in New Jersey is a second-degree crime. Possessing a rifle or shotgun without having a New Jersey Firearms Purchaser Identification Card is a third-degree crime. Having the proper permits and documentation obtained in another state does not prevent you from facing these serious criminal charges.

Carrying a gun doesn’t necessarily mean the weapon is in your hands or even on your person. This charge may apply anywhere you have your gun in your possession outside of your own residence, with limited exceptions, such as a gun range. As such, interstate travelers may find themselves charged with illegal possession and carrying of a weapon if the gun is found on their person, in their vehicle, in their hotel room, or just about anywhere else they travel during their visit to New Jersey.

These charges are serious. If convicted of a third-degree charge of unlawful possession of a weapon in NJ, you could be facing three to five years of jail time under NJ Rev Stat § 2C:43-6 (2022). A second-degree charge may carry a penalty of up to five to ten years in jail. Besides the risk of losing your freedom, you could also be subject to fines.

Charges for Illegally Transporting a Gun in New Jersey

There are specific rules for transporting guns in NJ, even if you’re just passing through on your way from one state to another.

Any firearm brought into New Jersey must be unloaded and stowed in a fastened case, secure gun box, or the vehicle’s trunk. The gun also cannot be directly accessible from the passenger compartment of the vehicle. Violating any of these rules, or even taking travel “deviations” that aren’t “reasonably necessary,” could get you in trouble under state law (NJ Rev Stat § 2C:39-9 (2022)).

Don't face criminal charges alone – contact Agre & St. John today for experienced legal representation that will fight to protect your rights.

Facing Out-of-State Weapons Charges in Haddonfield, NJ?

With its location just a half-hour’s drive from Philadelphia, Haddonfield and the surrounding areas often attract visitors from Pennsylvania. As soon as you cross into NJ, you may be technically breaking the law by possessing a gun for which you don’t have a permit in the state.

You may be a responsible gun owner with all the legal permits in your home state, but you’re suddenly facing fines, jail time, and the prospect of a criminal record because of New Jersey’s strict gun laws.

Our New Jersey out-of-state weapons charges lawyers know how stressful this whole ordeal can be. We can help defend you against the serious charges against you.

What Should Pennsylvania Drivers Charged With Illegal Gun Possession in New Jersey Do?

When you’re facing out-of-state weapons charges in NJ, the steps you take next matter.

Step 1: Stay Calm and Remain Silent

You’re understandably upset that you’re facing criminal charges over the guns legally registered to you in PA, but try to stay calm. Making a scene could make the situation even worse, especially if it gives law enforcement officers grounds to charge you with resisting arrest or other offenses. Don’t try to explain yourself any further. Not knowing that New Jersey doesn’t recognize out-of-state permits to carry firearms isn’t enough to get the charges dropped. Use your right to remain silent, other than informing officers that you want to speak to an attorney.

Step 2: Consult New Jersey Out-of-State Weapons Charges Lawyers

The charges against you are serious, no matter how harsh they may seem. You’re going to need professional legal representation to beat out-of-state weapons charges or receive a lighter sentence.

Our out-of-state gun possession defense attorneys in Haddonfield, NJ, are ready to defend you from these charges and the significant consequences they could pose. We will carry out our own investigation, craft a strong defense on your behalf, and support our arguments in your favor with evidence.

Step 3: Have Your Evidence Ready

Permits and other documentation you have showing that you are legally permitted to own and carry your guns in your home state serve as important evidence when you’re facing out-of-state weapons charges in NJ. Using these documents and other evidence, our New Jersey out-of-state weapons charges lawyers can vigorously defend you against serious weapons charges that could derail your life.

Take control of your defense – schedule a confidential consultation with Agre & St. John's experienced criminal defense team to discuss your case and explore your legal options.

Contact Our New Jersey Out-of-State Weapons Charges Lawyers at Agre & St. John for a Free Consultation

Weapons charges of any kind in NJ carry harsh consequences. We can help you face these charges and pursue a positive outcome.

For help from an out-of-state weapons charges attorney in Haddonfield, NJ, contact Agre & St. John online or call 856-454-8674 today.

Out-of-State Weapons Charges Frequently Asked Questions (FAQS)

There are legal defenses to NJ charges filed against out-of-state gun owners for unlawful possession. Our experienced attorneys can determine if federal law preemptions or other factors provide grounds to have the case against you dismissed. If not, we can seek a Graves Act Waiver or negotiate through pretrial intervention to seek a more favorable outcome. We can represent you in all aspects of the legal proceedings and help you understand your legal rights and options.
The Graves Act (NJ Rev Stat § 2C:43-6 (2022)) establishes mandatory prison terms for crimes that include weapons offenses in New Jersey. Under this state law, you could face 10 to 20 years in jail for first-degree weapons charges, five to 10 years for second-degree charges, three to five years for third-degree charges, and up to 18 months for fourth-degree charges.

Although the Graves Act calls for mandatory prison sentences, it may be possible to obtain a Graves Act waiver that prevents these minimum jail terms from applying in your case. In 2014, the state Attorney General clarified that, in the case of punishing out-of-state offenders whose guns were legal to own and carry in their home state, the mandatory sentences outlined in the Graves Act were “neither necessary nor appropriate to serve the interests of justice and protect public safety.” Our out-of-state gun possession defense attorneys in Haddonfield, NJ, often seek to get the Graves Act waived in such cases so we can pursue more favorable outcomes for our clients.

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