Protecting Your Rights, Your Record, and Your Future in North Jersey Courts With a Weapons Crime Defense Attorney in Jersey City, NJ
New Jersey treats weapons charges with exceptional seriousness. A gun or weapons case in Hudson, Essex, Union, Middlesex, or Passaic County is not just about the item itself. It is about mandatory prison terms, the Graves Act, and long term consequences for your career, professional license, immigration status, and reputation.
If you are facing a firearms or weapons charge, you need a North Jersey weapons offense lawyer who understands how these cases are actually handled in Superior Court and who treats your case as a high stakes problem from day one.
Anthony R. Gualano has more than 35 years of experience defending people charged with 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 attorneys statewide. Over his career, he has tried countless jury and bench trials involving gun and weapons offenses, armed robbery, homicide, sex crimes, official misconduct, white collar crimes, and complex Megan’s Law matters. He has secured acquittals in difficult felony trials and has negotiated resolutions that significantly reduced exposure when the evidence was challenging.
From his office at 549 Summit Avenue in Jersey City, Mr. Gualano represents professionals, parents, students, business owners, and others throughout North and Central Jersey who have a great deal to lose and are willing to invest in a strategic defense. As a weapons crime defense attorney in Jersey City, NJ, he is known for detailed preparation, measured advocacy, and a strong understanding of how judges and prosecutors in Hudson, Essex, Union, Middlesex, and Passaic Counties approach Graves Act and weapons cases in practice. Get the representation you need with this online contact form.
New Jersey Weapons Laws: What You Are Really Facing
New Jersey’s weapons laws are spread across several statutes in Chapter 39 of the Criminal Code. The most common charges include:
- Unlawful possession of a weapon
- Possession of a weapon for an unlawful purpose
- Prohibited weapons and devices
- Certain persons not to have weapons
- Weapons offenses tied to other crimes such as robbery, carjacking, or drug distribution
Because these laws overlap and each carries different sentencing rules, a careful reading of the exact charge is essential.
Unlawful Possession of a Weapon N.J.S.A. 2C:39-5
The unlawful possession of weapons statute, N.J.S.A. 2C:39-5, makes it a crime to possess various types of weapons without a permit or under the circumstances that New Jersey law requires.
Some key categories:
- Machine guns and certain assault firearms are typically second-degree crimes. A conviction can result in a sentence of five to 10 years in prison and fines of up to $150,000.
- Most handguns possessed without a valid permit to carry are treated as second-degree offenses, also punishable by five to 10 years and up to a $150,000 fine, with a presumption of prison.
- Rifles and shotguns without proper authorization are usually third-degree crimes, with three to five years in prison and fines up to 15,000 dollars.
- Other weapons, such as certain knives or blunt objects, possessed in circumstances suggesting they are being carried as weapons, can be classified as fourth-degree crimes, carrying a penalty of up to 18 months in prison and a fine of up to $10,000.
Sections involving firearms are typically Graves Act offenses, which means mandatory periods of parole ineligibility if a conviction is obtained.
Unlawful possession charges often arise when police stop a vehicle and discover a handgun in the glovebox, a rifle in the trunk, or a BB gun, knife, or other item that officers decide to treat as a weapon. Even when the weapon is legally owned in another state, New Jersey’s strict requirements can still lead to a second-degree crime if the gun is carried here without the required permits or in an unauthorized way.
Possession of a Weapon for an Unlawful Purpose N.J.S.A. 2C: 39-4
Possession of a weapon for an unlawful purpose focuses on how the weapon is allegedly used, rather than whether the weapon itself is legal to own. Under N.J.S.A. 2C: 39-4:
- Possession of a firearm, explosive, or destructive device with the purpose of using it unlawfully against a person or property is a second-degree crime, punishable by five to 10 years in prison and fines up to 150,000 dollars.
- Possession of other weapons (for example, knives, bats, or similar objects) for an unlawful purpose is usually a third-degree crime, with three to five years of prison exposure.
- Possession of an imitation firearm for an unlawful purpose can be a fourth-degree crime, with up to 18 months in prison.
These cases often arise from domestic disputes, road rage incidents, bar fights, or confrontations where someone is accused of brandishing a gun, pointing a firearm, picking up a knife or bat, or threatening to use an object as a weapon.
Because this statute focuses on purpose, a major part of the defense often centers on whether the State can prove beyond a reasonable doubt that the accused truly intended to use the item unlawfully, rather than possessing it for a lawful purpose, such as sport or work.
Prohibited Weapons and Devices N.J.S.A. 2C: 39-3
Some weapons are outlawed mainly in New Jersey, meaning there is almost no lawful way for an ordinary citizen to possess them. Under N.J.S.A. 2C: 39-3, the list of prohibited weapons and devices includes:
- Destructive or explosive devices
- Sawed off shotguns
- Silencers
- Defaced firearms
- Specific other weapons such as gravity knives, switchblades, daggers, blackjacks, metal knuckles, ballistic knives, and similar items when possessed without an explainable lawful purpose
Possession of these items can be charged as a third-degree or fourth-degree crime, with potential prison terms ranging from 18 months to 5 years and significant fines.
For professionals, students, or parents with clean records, being suddenly charged with a felony for a prohibited item they did not realize was illegal can be a shocking experience. A North Jersey weapons offense lawyer, such as Mr. Gualano, will examine whether the item truly fits the statutory definition and whether there is an explainable lawful purpose that the State is overlooking.
Certain Persons Not to Have Weapons N.J.S.A. 2C 39 7
The certain persons statute makes it a separate crime for people with certain prior convictions or mental health histories to possess weapons. For example, a person previously convicted of specific serious offenses who is found with a firearm can face a second-degree crime under N.J.S.A. 2C:39-7.
These cases are particularly serious because they often involve:
- Higher sentencing ranges
- Graves Act mandatory minimums
- Limited options for diversion or probation
In many situations, the central issues are whether the person actually possessed the weapon, whether the prior conviction qualifies under the statute, and whether constitutional issues in the search or stop give grounds to challenge the evidence.
The Graves Act and Mandatory Minimum Sentences
Most New Jersey firearms offenses fall under the Graves Act, primarily codified at N.J.S.A. 2C:43-6 (c). The Graves Act requires judges to impose a term of imprisonment for certain firearm offenses and to set a minimum period of parole ineligibility that is the greater of:
- One third to one half of the sentence imposed, or
- Three years.
This means that even for a first-time offender with an otherwise good background, a second-degree handgun possession conviction often leads to an offer like 5 years in prison with 3 years of parole ineligibility, and the court has limited ability to go lower without a Graves Act waiver.
Prosecutors can sometimes agree to a Graves Act waiver or a reduced minimum term in appropriate cases, but they are not required to do so. That is one reason why it is important to have a weapons crime defense attorney who is familiar with Graves Act practice in the counties where your case is pending and who is prepared to present substantial mitigation to support a request for relief from mandatory minimums.
Weapons Charges Tied to Other Serious Crimes
Weapons offenses in North Jersey often appear together with other serious charges, such as:
- Robbery or armed robbery
- Carjacking
- Aggravated assault or shooting incidents
- Burglary or home invasion
- Drug distribution offenses where a gun is found with narcotics
In these cases, the State may seek consecutive sentences, where the time for the weapons offense runs concurrently with the sentence for the underlying crime. That can greatly increase total exposure.
As a North Jersey weapons offense lawyer, Mr. Gualano carefully analyzes:
- Whether each charge is legally supported by the facts
- Whether some counts are duplicative or should merge at sentencing
- Whether there is a legal basis to argue against consecutive terms
He also draws on his trial experience in homicide, robbery, and violent crime cases to address the underlying allegations when guns or other weapons are part of a broader indictment.
How Mr. Gualano Builds a Weapons Defense
Mr. Gualano approaches weapons cases with the understanding that judges and prosecutors often see them as high priority matters. His defense work typically involves several key steps.
Examining the Stop, Search, and Seizure
Many weapons cases begin with a traffic stop or street encounter. He evaluates:
- Whether police had reasonable suspicion or probable cause to stop the vehicle or person
- Whether any frisk, bag search, or vehicle search met constitutional standards
- Whether any consent to search was voluntary and informed
- Whether officers exceeded the scope of any warrant or consent
If the gun, knife, or other weapon was found as a result of an unconstitutional search, he moves to suppress that evidence. Winning a suppression motion can result in dismissal or a much weaker case.
Challenging Possession and Knowledge
The State must usually prove that the accused possessed the weapon and knew what it was. In practice, this can be contested when:
- The weapon is found in a car with multiple occupants
- The item is discovered in a shared home or storage area
- The accused did not realize the item met New Jersey’s strict definition of a weapon
In these situations, he looks for ways to show that someone else may have had control over the weapon or that the connection to his client is too weak to prove guilt beyond a reasonable doubt.
Questioning Purpose And Intent
For possession of a weapon for an unlawful purpose, purpose is central. A lawfully owned firearm in a home, a knife in a toolbox, or a bat in a car trunk does not become unlawful simply because police are suspicious.
Mr. Gualano works to show:
- Lawful reasons for owning or carrying the item, such as work, sport, or collection
- The absence of threats, brandishing, or unlawful use
- In domestic or road rage situations, the State is exaggerating the use of the item or misreading a chaotic event
By undermining the claim of unlawful purpose, he can push for dismissal, acquittal, or reduction to a lesser charge.
Addressing Graves Act Exposure And Mitigation
When a firearms conviction cannot be avoided, the focus shifts to minimizing the sentence and limiting mandatory minimums. Mr. Gualano prepares detailed sentencing submissions covering:
- Employment history and professional responsibilities
- Family obligations and caregiving roles
- Lack of prior record or long periods without any contact with the criminal system
- Rehabilitation efforts, education, and community involvement
He uses these materials to support requests for Graves Act waivers, reduced minimum terms, and concurrent rather than consecutive sentences where the law allows.
Who Turns to Anthony R. Gualano for Weapons Defense
While he represents clients from many backgrounds, a large portion of Mr. Gualano’s weapons and firearms practice involves:
- Licensed professionals, including healthcare providers, teachers, lawyers, and law enforcement or corrections officers
- Business owners and managers whose companies and employees depend on them
- College and graduate students are facing life-changing consequences from a felony gun conviction
- Parents and caregivers whose families would be strongly affected by a mandatory prison term
These clients are not looking for a loud slogan. They want a North Jersey weapons offense lawyer who is strategic, respected, and thoroughly prepared, someone who understands that their weapons case is one piece of a larger picture that includes licensing, immigration, employment, and family concerns.
Mr. Gualano brings to their cases:
- Supreme Court of New Jersey Criminal Trial Certification
- More than 35 years of serious criminal defense work, including numerous jury trials on weapons and violent felony charges
- Extensive civil and family law experience, which is critical when weapons allegations intersect with business disputes or domestic 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 his clients and personally reviews discovery, drafts motions, and prepares the defense.
Speak With a North Jersey Weapons Offense Lawyer
If you have been arrested or are under investigation for unlawful possession of a weapon, possession of a weapon for an unlawful purpose, a prohibited weapons offense, or a firearms charge tied to another serious crime in Jersey City, Newark, Elizabeth, Paterson, New Brunswick, or anywhere in North Jersey, you should not try to handle the situation on your own.
To speak directly with an experienced weapons offense lawyer, contact Anthony R. Gualano Law in Jersey City with his online form. As a seasoned weapons crime defense attorney in Jersey City, NJ, Mr. Gualano will review the charges and discovery, explain the law and sentencing risks in clear terms, and begin building the detailed, strategic defense you need to protect your rights, your record, and your future.