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Certain Persons Not to Have Weapons

South Orange NJ Certain Persons Not to Have Weapons ("Certain Persons") Defense Lawyer

The Tormey Law Firm, LLC represents clients throughout New Jersey that have been charged with domestic violence related offenses including certain persons not to have weapons ("certain persons") in Belleville, Clifton, South Orange, Wayne, Newark, Paterson, and Hackensack.

Our criminal defense attorneys have successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). Our Managing Partner, Travis J. Tormey, is often called upon as a legal authority in the area of sex crimes. He has been quoted in the Asbury Park Press regarding Megan’s Law registration and, most recently, in the Bergen Record as to his opinion on the rise in reported luring incidents. Another one of our partners, Alissa D. Hascup, is a former Assistant County Prosecutor and Special Deputy Attorney General, who handled a host of domestic violence related cases during the course of her career, including a number of matters involving weapons, such as homicide, armed robbery, armed burglary, possession of handguns, and certain persons offenses.

Being charged with a weapons offense can mean exposure to a lengthy term of incarceration in New Jersey State Prison, a large portion of which must be served without the benefit of parole.  It can also mean a host of collateral consequences, such as the prohibition against weapons ownership in the future.  Hiring an experienced, skilled defense lawyer can mean all the difference.

In cases involving weapons, the criminal defense team at The Tormey Law Firm, LLC understands the importance of acting quickly and effectively to obtain the best possible result.

Contact our offices anytime at 201-556-1573 for an initial consultation, which is always provided free of charge.

Certain Persons Not to Have Weapons ("Certain Persons") in New Jersey:  N.J.S.A. 2C:39-7

Certain Persons Not to Have Weapons ("Certain Persons") is codified under N.J.S.A. 2C:39-7, which provides:

a. Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime of Aggravated Assault, Arson, Burglary, Escape, Extortion, Homicide, Kidnapping, Robbery, Aggravated Sexual Assault, Sexual Assault, Bias Intimidation in violation of N.J.S.A. 2C:16-1 or Endangering the Welfare of a Child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.A. 2C:39-1, or any person convicted of a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2 who purchases, owns, possesses or controls any of the said weapons is guilty of a crime of the fourth degree.

b.

1. A person having been convicted in this State or elsewhere of the crime of Aggravated Assault, Arson, Burglary, Escape, Extortion, Homicide, Kidnapping, Robbery, Aggravated Sexual Assault, Sexual Assault, Bias Intimidation in violation of N.J.S.A. 2C:16-1, Endangering the Welfare of a Child pursuant to N.J.S.A. 2C:24-4, Stalking pursuant to N.J.S.A. 2C:12-10) or a crime involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.A. 2C:39-1, or a person having been convicted of a crime pursuant to the provisions of N.J.S.A. 2C:35-3 through N.J.S.A. 2C:35-6; N.J.S.A. 2C:35-11; N.J.S.A. 2C:39-3; N.J.S.A. 2C:39-4; or N.J.S.A. 2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole. If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S.A. 2C:43-7, the extended term of imprisonment shall include the imposition of a minimum term, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.

2. A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.A. 2C:39-1, who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree.

3. A person whose firearm is seized pursuant to the “Prevention of Domestic Violence Act of 1991,” and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the “Prevention of Domestic Violence Act of 1991,” who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.

c. Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section.

A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.

A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.

A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.

"Graves Act"

Subsections (a) and (b)2 of the "Certain Persons" statute are subject to sentencing under the “Graves Act,” meaning that an individual convicted of such an offense must be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater. Moreover, the statute itself mandates that, in certain circumstances, that term of parole ineligibility will be fixed at 5 years.

Contact an Experienced "Certain Persons" Defense Lawyer With Offices in Paramus, NJ and Newark, NJ

The criminal defense lawyers at The Tormey Law Firm, LLC know that the consequences of a conviction for a "Certain Persons" offense can be severe.  We will fight to limit your exposure to the greatest extent possible.

If you find yourself in a situation where you or a loved one have been charged with a weapons offense as a result of a domestic violence or other related criminal incident, don't delay in hiring legal representation.

The Tormey Law Firm, LLC is ready to fight for you. Contact us now at 201-556-1573.

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The Tormey Law Firm, LLC
95 South State Route 17
Paramus, NJ 07652

Toll Free: 800-292-8815
Local: 201-556-1573
Fax: 201-556-1572
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1 Gateway Center
Suite 2600
Newark, NJ 07102
Toll Free: 800-292-8815
Local: 908-517-3213
Fax: 201-556-1572
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