Certain Persons Offenses in Mercer County NJ
Trenton NJ Weapons Charges Lawyer
Weapon possession laws are incredibly complicated. The Second Amendment protects the right of individuals to keep and bear arms. However, the right is subject to state regulations. For example, states may place limits on the gun ownership rights of “certain” persons. New Jersey law specifically prohibits felons and the mentally ill from owning or possessing any kind of weapon. Many people are shocked to learn that they are in violation of these Certain Persons laws. In fact, it is not uncommon for violators to be stopped by police and voluntarily tell the officer that they have a weapon. Unfortunately, the fact that you were unaware that you were violating the law won’t matter to New Jersey prosecutors and judges. If you are convicted of a Certain Persons offense, you could end up spending a very long time behind bars.
Kamensky Cohen & Riechelson is a highly respected law firm with a rich tradition in New Jersey and Pennsylvania. We represent clients accused of gun crimes throughout Mercer County, including Hamilton, Trenton, and Hopewell Borough. Additionally, our legal team includes a New Jersey Certified Trial Attorney, so you know that we are comfortable in a courtroom. Call KCR today to discuss your gun possession case and begin your defense.
“Certain Persons” Laws for Felons in New Jersey
Most felons and many individuals who have been committed for a mental disorder to a mental institution or hospital are considered “certain” persons ineligible to own a weapon in New Jersey.
The crimes that can result in a restriction on gun ownership rights include:
- Past Weapons Offenses, including Unlawful Possession of a Weapon, Possession of a Weapon for an Unlawful Purpose, and Unlawful Disposition of a Weapon
- Possession of a Controlled Dangerous Substance (CDS)
- Distribution of a Controlled Dangerous Substance (CDS)
- Aggravated Assault
- Bias Intimidation
- Domestic Violence
- Aggravated Sexual Assault
- Sexual Assault
- Endangering the Welfare of a Child
Although a prior conviction for a weapons offense can result in your gun ownership rights being restricted, it does not matter if you used a gun while committing any of these offenses; you are still prohibited from owning a firearm as a result of your earlier conviction.
Moreover, even if your previous criminal conviction occurred in another state, territory, commonwealth, or other jurisdiction in the United States, you can still be charged with a Certain Persons offense in New Jersey.
Certain Persons Laws for the Mentally Ill in Mercer County NJ
New Jersey law prohibits gun ownership or possession by anyone who has ever been committed for a mental disorder to any hospital, mental institution, or sanitarium.
If you were previously committed to a hospital, mental institution, or sanitarium, it might be possible to regain your eligibility to purchase or possess a firearm. You will need to prove that you are no longer suffering from a mental disorder which prevents you from safely handling a firearm. This typically requires you to obtain a certificate of good mental health from a medical doctor or psychiatrist who is licensed to practice in New Jersey.
Penalties for Certain Persons Offenses in Princeton NJ
Anyone convicted of a Certain Persons offense is subject to severe penalties:
- Firearms: If the offense involves a firearm, the offender may be sentenced to 5–10 years in NJ State Prison and fined $150,000.
- Domestic Violence: If the defendant has a prior conviction for disorderly persons offense domestic violence, or if the defendant was subject to a court order prohibiting the possession of firearms, they may be sentenced to 3–5 years in NJ State Prison and fined $15,000.
- Non-Firearms: If the offense involves a weapon other than a firearm, the offender may be sentenced to up to 18 months in NJ State Prison and fined $10,000.
Call a West Windsor NJ Gun Crime Attorney
The attorneys at Kamensky Cohen & Riechelson can help you fight your gun charges. Call us now to speak with a member of our legal team, or fill out the online contact form to schedule a free consultation at our offices in Pennington or Trenton.