New Jersey Gun Crimes Lawyer

Gun Crime Defense Attorney in Marlton, NJ, Standing Up for Gun Owners Under Some of the Strictest Laws in the Country

Under New Jersey’s strict firearm regulations, even a responsible gun owner could end up facing serious charges over a simple mistake. As a New Jersey gun crimes lawyer, I represent people who never expected to be in a courtroom, including lawful gun owners from other states, permit holders, and people accused of possessing a firearm that wasn’t theirs. Many of these charges carry mandatory prison time, so the defense you build from the start matters.

I am John B. Brennan, a criminal defense attorney who has been licensed in New Jersey for more than 35 years. I spent 25 years as a prosecutor in Burlington County, and for more than a decade, I handled all gun-related crimes as a member of the Major Crimes Unit. I know how these cases are investigated and charged, which evidence prosecutors rely on, and where their cases are most likely to fall apart. Today, I use that knowledge to protect people facing the same kinds of charges I once prosecuted.

From my office in Marlton, I represent clients throughout Burlington County, including Mount Laurel, and across New Jersey. Every case begins with a free, confidential consultation with a gun crime defense attorney in Marlton, NJ. To get started with an honest assessment of your case, call my office or fill out the online contact form today. I stand beside my clients at every stage of legal proceedings, fighting to get charges reduced or dismissed where possible or to otherwise minimize the consequences of criminal accusations. 

Gun Charges You Could Face in New Jersey

New Jersey’s firearms laws cover how guns are purchased, possessed, carried, and transported. The most common charges and related legal matters include:

• Unlawful possession of a handgun: Possessing a handgun outside your home or business without a valid carry permit is generally a second-degree crime under N.J.S.A. 2C:39-5(b), even if you legally own the gun.
• Unlawful possession of a rifle or shotgun: Possessing a rifle or shotgun without a Firearms Purchaser Identification Card or other legal authorization is generally a third-degree crime under N.J.S.A. 2C:39-5(c).
• Possession of an assault firearm: Possessing a firearm that New Jersey classifies as an assault firearm is generally a second-degree crime under N.J.S.A. 2C:39-5(f).
• Certain persons not to have firearms: People with certain prior convictions are barred from possessing firearms, and a violation of N.J.S.A. 2C:39-7 can bring a second-degree charge with a mandatory minimum prison term.
• Possession for an unlawful purpose: Having a firearm with the intent to use it unlawfully against another person or their property is a second-degree crime under N.J.S.A. 2C:39-4(a), which is the focus of possession of a weapon for an unlawful purpose charges.
• Prohibited weapons and ammunition: Sawed-off shotguns, silencers, firearms with defaced serial numbers, large-capacity magazines, and hollow point ammunition outside of permitted circumstances are prohibited under N.J.S.A. 2C:39-3, and untraceable “ghost guns” can lead to separate charges.
• Illegal sales and trafficking: Selling or transferring a firearm without following state requirements can result in charges under N.J.S.A. 2C:39-9 or 2C:39-10. Acting as the leader of a for-profit firearms trafficking network is a first-degree crime under N.J.S.A. 2C:39-16.
• Pointing a firearm: Knowingly pointing a gun at another person, even without firing it, can be charged as a fourth-degree aggravated assault under N.J.S.A. 2C:12-1(b)(4).
• Unregistered firearm violations: Failing to follow New Jersey’s requirements for acquiring, transferring, or registering certain firearms, such as obtaining a permit before purchasing a handgun, is generally a fourth-degree crime under N.J.S.A. 2C:39-10.
• CDL driver gun charges: Commercial drivers who carry a firearm in their truck while traveling through New Jersey can face CDL driver gun charges, which can threaten both their freedom and their livelihood.
• Extreme risk protective orders: Although these orders are civil rather than criminal, an extreme risk protective order under N.J.S.A. 2C:58-20 et seq. can require you to surrender your firearms and permits. I can help you contest the order or seek to have it lifted.
• Weapons charges more broadly: Firearms aren’t the only weapons that can lead to legal trouble. I also represent people facing weapons charges involving knives, clubs, and other non-firearm weapons.

Whatever you’re facing, having the legal support you need matters. I draw on my extensive experience as both a criminal defense attorney and a former prosecutor who spent more than a decade handling gun-related crimes in the Major Crimes Unit to defend my clients against the full range of firearms-related charges in New Jersey. 

The Graves Act and Mandatory Prison Time

Most New Jersey gun possession charges fall under the Graves Act, which requires a mandatory period of parole ineligibility upon conviction. For most second- and third-degree offenses, that minimum is one-half of the sentence imposed or 42 months, whichever is greater. For fourth-degree offenses, it’s 18 months. A judge generally cannot reduce these terms on their own.

The law does include an “escape valve.” Under N.J.S.A. 2C:43-6.2, a prosecutor can ask the court to reduce the mandatory minimum or allow a probationary sentence, typically for people with no prior record whose circumstances make a prison term unjust. In some cases, Pretrial Intervention may also be possible. 

Because these options depend on the prosecutor’s agreement, how your New Jersey gun crimes lawyer presents your background and the facts of your case can make an enormous difference.

Out-of-State Gun Owners Charged in New Jersey

South Jersey’s proximity to Pennsylvania and Delaware means many people are charged after crossing the state line with a gun that’s perfectly legal at home. A carry permit from another state doesn’t authorize you to carry in New Jersey, and a routine traffic stop can quickly lead to a second-degree charge.

New Jersey’s Attorney General has recognized that these cases deserve special consideration. A 2014 clarification of the Graves Act guidelines directs prosecutors to consider Pretrial Intervention or probation for out-of-state visitors who can show they acquired the firearm lawfully, could legally possess it in their home state, and mistakenly believed their possession was lawful in New Jersey. The circumstances of the stop and how the firearm was discovered can also factor into the prosecutor’s decision, which is why I review every detail of what happened. Building that record carefully and early can mean the difference between a prison sentence and a path to dismissal.

Carry Permit Holders and Sensitive Places

After the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, New Jersey eliminated its “justifiable need” requirement for carry permits, and far more residents now carry legally. At the same time, the state enacted new restrictions that prohibit carrying firearms in a long list of “sensitive places,” along with other new requirements for permit holders.

These restrictions have been the subject of ongoing federal litigation, and the rules may continue to change. Even so, permit holders are still being charged for carrying in restricted locations or failing to follow other requirements. If you hold a valid permit and are now facing charges, a New Jersey gun crimes lawyer who follows these legal developments closely can evaluate whether the law was applied correctly in your case.

Penalties for Gun Convictions in New Jersey

The degree of your charge determines the potential sentence:

• A second-degree gun charge can lead to a potential prison term of five to 10 years and a maximum fine of $150,000.
• A third-degree gun charge can result in three to five years in prison and a maximum fine of $15,000. 
• A fourth-degree gun charge can result in up to 18 months in prison and a maximum fine of $10,000. 

Under the Graves Act, many of these sentences come with a mandatory term that must be served before parole eligibility. A conviction can also cost you your right to own firearms and your eligibility for a Firearms Purchaser Identification Card, handgun purchase permit, or gun permit. Beyond court-imposed penalties, a firearm-related charge on your record can affect your employment, professional licenses, and immigration status. 

Federal Firearms Charges

Some gun cases are prosecuted in federal court. Federal firearm charges are particularly likely in situations involving people with prior felony convictions, interstate trafficking, or firearms connected to drug offenses. A conviction for possessing a firearm as a prohibited person under 18 U.S.C. § 922(g) can carry up to 15 years in federal prison, and certain repeat offenders face a mandatory minimum of 15 years.

I’m admitted to practice before the U.S. District Court for the District of New Jersey and the U.S. Court of Appeals for the Third Circuit, so I can defend you whether your case is charged in state court, federal court, or both. I defend my clients against a range of criminal charges in federal court, including federal gun crimes, federal sex crimes, and white-collar federal crimes.

The Steps You Take After Your Arrest Could Shape the Outcome of Your Case

Gun arrests often move quickly. Police will typically seize the firearm and may ask you questions about where it came from, why you had it, or whether you have a permit. Anything you say in those moments can be used to establish possession or intent, so it’s important to politely decline to answer until you’ve spoken with a lawyer.

Prosecutors frequently ask courts to keep people charged with gun offenses in jail until trial. A gun crime defense attorney in Marlton, NJ, can prepare for your detention hearing while beginning to build your full defense strategy. Early on, I begin analyzing the details, gathering proof of any out-of-state licenses or permits, and evaluating whether you may qualify for a Graves Act waiver or Pretrial Intervention.

Defenses Your New Jersey Gun Crimes Lawyer Can Raise

Nearly every gun case has potential defenses worth exploring. Depending on the facts, I may focus on:

• Statutory exemptions: New Jersey law allows you to keep a firearm at your home or business and to transport it, unloaded and properly secured, to and from places like ranges and hunting areas.
• Constructive possession: A gun found in a shared car or home doesn’t automatically belong to everyone nearby. The state must prove you knew about the firearm and intended to control it.
• Unlawful stops and searches: If police lacked a lawful basis to stop you, search your vehicle, or enter your home, the firearm may be suppressed as evidence.
• Statements to police: Statements obtained in violation of your Miranda rights may be excluded from your case.
• Classification of the weapon: Whether an item actually meets the legal definition of an assault firearm, a large-capacity magazine, or an operable firearm can be challenged.
• Licensing records: Permits, identification cards, and out-of-state licenses can establish lawful possession or support a Graves Act waiver.

Depending on the facts of your situation, these defenses can lead to dismissals, downgraded charges, alternatives that keep you out of prison, or other outcomes that can minimize the impact of these charges on your future. I prepare every case to go to trial if that’s what it takes, while still exploring every avenue for obtaining you the most favorable resolution possible under the circumstances.

Why Choose John B. Brennan as Your Gun Crime Defense Attorney in Marlton, NJ

Your choice of defense attorney matters, especially when you could be facing a mandatory prison sentence under the Graves Act. Choosing The Law Office of John B. Brennan means putting your case in the hands of an attorney with extensive experience handling gun-related criminal cases on both sides of the courtroom. 

More Than a Decade Prosecuting Gun Cases

As a prosecutor, I handled all gun-related crimes in Burlington County’s Major Crimes Unit for more than a decade. That experience gives me a detailed understanding of how firearms cases are built and where they’re vulnerable. I also have broader experience as both a prosecutor and a criminal defense attorney, and I use both this breadth and depth of knowledge to develop personalized legal strategies for every client I serve. 

Trial-Ready, Certified Representation

I’m Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. Prosecutors know I’m prepared to try your case, and that readiness strengthens your position in negotiations.

Admitted to State and Federal Courts

Whether your case stays in the Superior Court of New Jersey or moves into the federal system, I can continue representing you, including on appeal in the Third Circuit.

Straightforward Guidance You Can Count On

You’ll get an honest assessment of your situation, realistic expectations, and prompt, personal answers to your questions throughout your case.

Contact John B. Brennan for a Free, Confidential Consultation With a New Jersey Gun Crimes Lawyer

Gun charges in New Jersey can carry mandatory prison time, but the right defense strategy can open the door to waivers, diversion programs, reduced charges, or a dismissal. Working with a New Jersey gun crimes lawyer who will fight to protect your freedom makes a difference.  

As a gun crime defense attorney in Marlton, NJ, I represent clients throughout Burlington, Camden, Gloucester, and Mercer counties and across the state. Call 856-446-5123 or reach out online for a free, confidential consultation to discuss your charges and your options.

Frequently Asked Questions About Facing Gun Charges in New Jersey