Focused Gun Crime Defense in North Jersey Protecting Your Liberty, Your Record, and Your Future Under New Jersey’s Strict Firearms Laws
Gun charges in New Jersey are not treated as routine matters. The state has some of the strictest firearms laws in the country, and prosecutors in Hudson, Essex, Union, Middlesex, and Passaic Counties take unlawful gun possession very seriously. A single handgun charge can bring mandatory prison time, a lengthy period of parole ineligibility, and long-term consequences for your career, professional license, immigration status, and reputation.
If you are under investigation or have been charged with a firearms offense, you need a North Jersey gun crime lawyer who understands the statutes, the Graves Act, and how these cases are actually handled in the local Superior Courts.
Anthony R. Gualano has more than 35 years of experience defending people accused of serious crimes in New Jersey and Pennsylvania. He is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by only a small percentage of lawyers statewide. Over the decades, he has tried countless jury and bench trials involving gun and weapons charges, armed robbery, homicide, violent offenses, white collar crimes, and complex Megan’s Law matters. He has secured acquittals in high-stakes trials and negotiated outcomes that significantly reduced exposure when the evidence could not be ignored.
From his Jersey City office at 549 Summit Avenue, Mr. Gualano represents professionals, parents, students, and business owners throughout North and Central Jersey. As a gun possession defense attorney in Jersey City, NJ, he is known for strategic, thorough preparation, a respectful courtroom presence, and a practical understanding of how judges and prosecutors in Hudson, Essex, Union, Middlesex, and Passaic Counties actually approach firearms cases. Contact Mr. Gualano today for a risk free consultation using his online form, so you can discuss the specifics of your case.
New Jersey Gun Crimes: An Overview
New Jersey gun charges are primarily found in Chapter 39 of the Criminal Code and often include:
- Unlawful possession of a handgun, rifle, shotgun, or assault firearm
- Possession of a firearm for an unlawful purpose
- Possession of prohibited or defaced firearms
- Certain persons not to possess weapons
- Firearms charges tied to robbery, carjacking, drug distribution, or other serious offenses
Most firearm possession charges are indictable offenses, similar to felonies in other states, and many trigger the Graves Act, which imposes mandatory state prison terms and periods of parole ineligibility. For people who lawfully own guns in other states or who are not familiar with New Jersey’s strict rules on carrying and transport, it is easy to end up facing a second-degree crime without realizing the consequences.
Unlawful Possession of a Handgun, Rifle, or Shotgun
The starting point in many gun cases is N.J.S.A. 2C:39-5, the unlawful possession of weapons statute.
Handguns
Under subsection (b), it is generally a crime to possess a handgun in New Jersey without having obtained the required permit to carry or otherwise falling within a narrow statutory exemption. Some key points to understand:
- Possessing a typical handgun without a carry permit is usually a second-degree crime, punishable by 5 to 10 years in state prison and a fine of up to $150,000.
- If the handgun is an air gun or similar device that fires a small projectile using compressed air or gas, the offense is usually a third-degree crime, with three to five years of prison exposure and lower fines.
- Unlawful handgun possession under 2C 39 5(b) is treated as a Graves Act offense, which means a mandatory period of parole ineligibility, often at least 42 months on a typical second-degree sentence, unless a Graves Act waiver is granted.
Many people charged under this section are visitors from out of state who legally own a handgun at home but are stopped in New Jersey with a loaded or accessible gun in the glovebox, console, or under a seat. New Jersey does not automatically recognize other states’ permits, and ignorance of New Jersey’s requirements is not a defense.
Rifles And Shotguns
Under subsection (c), unlawful possession of a rifle or shotgun without the required firearms purchaser identification card is typically a third-degree crime, with 3 to 5 years in prison and up to a $15,000 fine.
Certain air-powered or spring-powered rifles or shotguns, and possession at an educational institution, can carry similar penalties. Some categories of unloaded rifles or shotguns and certain BB or air guns are treated differently for Graves Act purposes, but they still present serious criminal exposure.
Assault Firearms, Machine Guns, And Other Firearms
Subsections (a) and (f) address machine guns and assault firearms. These are almost always treated as second-degree crimes with 5 to 10 years of prison exposure, mandatory incarceration, and application of the Graves Act.
Given that the same statute also covers less obvious items, such as certain BB or pellet guns, one of the first tasks for a gun crime lawyer is to determine exactly how the weapon is classified and whether the State has accurately graded the offense.
Possession of a Gun for an Unlawful Purpose
Even when a firearm is lawfully owned, New Jersey can charge possession of a weapon for an unlawful purpose under N.J.S.A. 2C:39-4 if prosecutors believe the gun was used or intended to be used unlawfully.
For firearms, possession for an unlawful purpose is a second-degree crime, carrying:
- 5 to 10 years in state prison
- Fines up to $150,000 dollars
- Potential Graves Act consequences if the facts bring it within the statute
These charges often arise in:
- Domestic disputes where someone is accused of brandishing or pointing a gun
- Road rage incidents where a firearm is displayed during an argument
- Assault or robbery cases where a gun is alleged to have been used or threatened
Because this offense focuses on purpose, a significant part of the defense by a North Jersey gun crime lawyer is whether the State can prove beyond a reasonable doubt that the accused intended to use the firearm unlawfully rather than simply possessing it.
Certain Persons Not to Have Weapons
Under N.J.S.A. 2C:39-7, New Jersey prohibits certain individuals from possessing firearms due to prior convictions or other disqualifying conditions.
For example, a person previously convicted of specific serious crimes who is later found with a firearm can be charged with a second-degree certain persons offense, with 5 to 10 years of prison exposure and likely Graves Act application. In these cases, the issues often include:
- Whether the prior conviction qualifies under the statute
- Whether the State can prove actual or constructive possession of the firearm
- Whether there were legal defects in the stop, search, or seizure
Because the sentencing structure is harsh and options for diversion are limited, certain persons' cases require particularly careful analysis and strategic planning.
The Graves Act Mandatory Minimums and Waivers
For many firearms offenses, including unlawful possession of a handgun, rifle, or shotgun under 2C 39 5(a), (b), and (c), New Jersey’s Graves Act requires:
- A term of imprisonment, and
- A mandatory minimum period of parole ineligibility that is the greater of one-third to one-half of the sentence or 42 months, depending on the specific statute and any amendments.
In plain terms, a typical Graves Act sentence for a first-time unlawful handgun case may look like 5 years in prison, with at least 42 months to be served before parole eligibility.
The prosecutor’s consent is usually required for a Graves Act waiver or for a reduced period of parole ineligibility. That makes mitigation and negotiation especially important. As a gun possession defense attorney in Jersey City, NJ, Mr. Gualano evaluates:
- Whether the Graves Act truly applies to the weapon and charge in your case
- Whether you are a candidate for a waiver or reduced minimum term
- How to structure any plea discussions so that mandatory minimums are minimized as much as the law allows
Where the evidence is weak or constitutional violations are present, he may pursue motions to suppress or trial strategies aimed at avoiding a Graves Act conviction altogether.
How Gun Charges Commonly Arise in North Jersey
If you’re in need of representation from a Jersey City criminal lawyer for gun charges, you may arrive at Mr. Gualano’s office after one of a few typical scenarios:
Traffic Stops And Vehicle Searches
Police pull over a vehicle for speeding, an equipment issue, or alleged erratic driving, then claim to smell marijuana, see something suspicious, or receive consent to search. Officers find a handgun or other firearm in the glovebox, center console, trunk, or under a seat, and the driver or all occupants are charged. In these cases, the defense often focuses on:
- Whether the stop was lawful
- Whether there was a valid basis to expand the stop into a search
- Whether consent was truly voluntary
- Whether the gun can be linked to a specific person
Travelers With Out-of-State Licenses
Someone who lawfully owns a handgun and has a carry permit in another state passes through New Jersey with a loaded or easily accessible firearm, unaware that New Jersey does not automatically honor their license. A simple traffic stop becomes a second-degree unlawful possession case. Here, a North Jersey gun crime lawyer like Mr. Gualano examines:
- Whether the firearm might fall within limited lawful transportation exemptions
- How the gun was stored and whether travel was actually consistent with New Jersey law
- Whether there is a basis for arguing for a Graves Act waiver, given the person’s clean record and circumstances
This thorough examination, coupled with his decades of courtroom experience, helps Mr. Gualano build a solid foundation for a strategic defense.
Domestic Disputes And Road Rage Incidents
Arguments in homes or on the road sometimes lead to allegations that a gun was shown, pointed, or used to threaten someone. That can bring charges of possession for an unlawful purpose, certain persons offenses, or even aggravated assault or terroristic threats with a weapon.
In these situations, credibility, context, and prior history all play a role. Mr. Gualano carefully reviews statements, 911 calls, and any video or physical evidence to determine whether the narrative matches the law’s requirements.
Defense Strategies in New Jersey Gun Cases
Every case is different, but several themes recur in firearms defense work. Some defense strategies commonly employed by gun crime lawyers are:
Challenging The Stop, Search, And Seizure
If a gun is discovered through a traffic stop or street encounter, Mr. Gualano examines:
- The basis for the initial stop
- The timeline and escalation of the interaction
- Whether the officer had reasonable suspicion or probable cause to search
- How any consent to search was requested and obtained
If the search violated constitutional protections, a motion to suppress the firearm may be appropriate. If the gun is suppressed, the prosecution’s case often collapses.
Contesting Possession And Knowledge
The State must prove that the accused possessed the firearm and knew what it was. In shared spaces or vehicles with multiple occupants, that is not always clear. A careful gun crime lawyer will ask:
- Who had access to the area where the gun was found
- Whether fingerprints, DNA, or other evidence actually connect the firearm to the client
- Whether there are credible alternative explanations for how the weapon got there
By undermining the State’s proof of possession and knowledge, he can create reasonable doubt or push for reduced charges.
Asserting Exemptions Or Lawful Purpose
New Jersey law contains narrow exemptions for transporting firearms between a home, place of business, shooting range, or other specified locations, as long as strict storage rules are followed. In some cases, evidence shows that:
- The firearm was unloaded and properly stored
- Travel between locations was permitted by statute
- Deviations from the route were reasonable, such as for fuel or food
Where those facts are present, Mr. Gualano examines whether an exemption or lawful purpose argument can defeat the charge or support a more favorable resolution.
Mitigating Graves Act Exposure
When a conviction or plea to a Graves Act offense is likely, the focus shifts to minimizing the mandatory minimum term. Mr. Gualano prepares detailed sentencing and waiver submissions addressing:
- Employment history and professional responsibilities
- Family obligations and caregiving roles
- Lack of a prior record or a long gap since any previous offense
- Military service, education, community involvement, and rehabilitation efforts
Prosecutors and judges are more likely to consider waivers or reduced minimums when a well-supported, well-organized mitigation package is presented.
Who Turns to Anthony R. Gualano for Gun Crime Defense
While firearms charges can affect anyone, a large part of Mr. Gualano’s gun crime practice involves:
- Licensed professionals such as healthcare providers, teachers, lawyers, corrections officers, and law enforcement personnel
- Business owners and managers whose companies and employees depend on them
- College and graduate students whose careers and reputations would be severely damaged by a felony gun conviction
- Parents and caregivers whose families would be devastated by a long state prison term
These clients often have more at stake than a single case file suggests. They are worried about professional discipline, immigration consequences, background checks, and family court issues. They want a gun possession defense attorney who is strategic, respected, and detail-oriented, not a showman whose bravado might harm credibility with judges and prosecutors. Mr. Gualano brings to their cases:
- Supreme Court of New Jersey Criminal Trial Certification
- More than 35 years of serious criminal defense experience, including numerous jury trials involving firearms and violent offenses
- Deep experience in civil and family litigation, which is essential when gun charges intersect with divorce, custody, business disputes, or licensing matters
- Admissions in all New Jersey and Pennsylvania state courts and multiple federal courts, including the United States Supreme Court
He maintains direct communication with clients and personally reviews discovery, drafts motions, and builds the defense strategy.
Speak With a North Jersey Gun Crime Lawyer
If you have been arrested or are under investigation for unlawful possession of a handgun, rifle, or shotgun, possession of a firearm for an unlawful purpose, a certain persons offense, or any gun related charge in Jersey City, Newark, Elizabeth, Paterson, New Brunswick, or anywhere in North Jersey, you should not try to manage the situation on your own or assume it is a misunderstanding that will resolve itself.
To discuss your rights and options with an experienced gun crime lawyer, contact Anthony R. Gualano Law in Jersey City using his online form. As a seasoned gun possession defense attorney in Jersey City, NJ, Mr. Gualano will review the allegations and discovery with you, explain the law and sentencing exposure in clear terms, and begin crafting the strategic, carefully prepared defense you need to protect your liberty, your record, and your future.