Illegal Gun Possession in Atlantic City, NJ
Atlantic City Gun Attorneys Defending Clients Arrested for Weapons
The skilled Atlantic City gun defense lawyers at The Tormey Law Firm can assist if you’re facing charges for illegally possessing a handgun, BB gun, rifle, shotgun, ammunition, an assault weapon, and all other types of firearms and weapons in Atlantic City, NJ. We’ve helped clients secure alternatives to jail time, like PTI and probation, along with outright dismissals of gun charges for Atlantic City residents and visitors alike. Don’t risk severe consequences; contact us today at (201)-614-2474 for a free consultation.
Guns and Weapons Offenses for Atlantic City Visitors and Residents
Visiting hotel occupants, restaurant patrons, amusement park goers, casino visitors, and local residents may face arrest and booking at the Atlantic City Police Department or detention at the county jail in Mays Landing on illegal gun possession charges. Unaware of New Jersey laws, they may be shocked to discover they must hire an attorney to defend against potentially devastating criminal charges. New Jersey’s gun laws are strict compared to many other states, so out-of-state gun owners vacationing in New Jersey must beware.
The guns and weapons charges that occur in Atlantic City are varied and they happen on a near-constant basis. Some neighboring states allow residents to carry handguns, and New Jersey does, too. However, residents and visitors must obtain a permit for buying a firearm and get a specific permit to carry a handgun outside of their home or business. New Jersey does not recognize out-of-state gun permits, and if you don’t have the right permit in New Jersey, you can face arrest and life-altering penalties.
As such, a person who lives in Atlantic City or someone vacationing in this bustling metropolis may face arrest for transporting their weapon unlawfully, such as in the glove box of their car or in the back seat. Another may be charged with carrying a gun without a carry permit. And still, yet another person in Atlantic City may face charges for possessing a weapon or device that isn’t legal in New Jersey, like an assault firearm, a ghost gun, or a sawed-off shotgun. Some people face charges for committing crimes with weapons or for possessing firearms during the commission of crimes. Others get arrested when their home is searched after a domestic violence report, and then police find an illegally possessed gun. Young people are not immune from charges either, so often teenagers face charges for BB guns, Air guns, and other firearms.
Consequences of Illegal Gun Possession in Atlantic City, New Jersey
The penalties for possession of a handgun without a permit is a potential five to ten-year prison sentence following conviction. Illegal possession of a handgun is a second degree indictable offense. Unlawful possession of a rifle or shotgun is a third degree crime punishable by three to five years in prison. Additionally, the fine for a second degree criminal conviction is $150,000.00, while the penalty for a third degree conviction is $15,000.00. To make matters worse for an individual convicted of a gun crime in New Jersey is the Graves Act, which requires a convicted defendant to serve one-third to one-half of their sentence or 42 months, the greater being the one imposed in a given case.
Options to Avoid Prison for Gun Charges in Atlantic City
An unsuspecting visitor to Atlantic City, New Jersey could spend a long time in prison for unwittingly violating the law, even when they followed the laws of their home state. However, to avoid unjustly harsh punishments for innocent gun owners, New Jersey’s Attorney General’s Office generated a Directive to guide prosecutors on Graves Act waivers. With a Graves Act waiver, a defendant may avoid a mandatory minimum sentence, potentially avoiding prison altogether, especially for those with clear criminal records. The 2014 clarification of the Graves Act for out-of-state gun offenders allows visitors to request a waiver when they traveled to New Jersey with a weapon they obtained legally in their home state, possessed legally under the laws of their state, and honestly believed they legally had in New Jersey.
To justify a waiver, prosecutors and judges consider the visitor’s intent, their background, and the circumstances that preceded an arrest. The Attorney General’s directive aims to weed out those who honestly confuse their rights to possess a weapon in New Jersey from those who knowingly break the law. A Graves Act waiver for those who innocently violate the law allows an Atlantic City visitor facing gun charges to avoid a lengthy prison sentence in exchange for probation or a diversionary program like the Pre-Trial Intervention (PTI) program.
Additionally, Graves Act Waivers are not exclusively reserved for out of state residents facing gun charges. People who face sentencing under the Graves Act may also be able to obtain waivers if they have no prior criminal history and imposing such a sentence is not in the interests of justice. However, a Graves Act waiver and probation or diversion are not automatic. This is where having a knowledgeable and experienced gun defense lawyer is critical. In numerous cases involving out-of-state residents with valid permits from other states who find themselves arrested in Atlantic City, as well as New Jersey residents who violated the state’s stringent gun laws, our team has been able to advocate for PTI instead of a jail sentence. PTI allows a first-time defendant to enroll in a supervised program and avoid incarceration. After the program ends, the charges are dismissed.
For a gun charge, you may even qualify for probation, which we often negotiate for in lieu of prison time. A quality firearms attorney at our firm may also be able to identify fatal flaws in police protocols, such as an illegal search, that can be leveraged to get the charges dismissed. If you live in NJ or got arrested while visiting the state, our Atlantic City gun attorneys can develop the best defense strategy to help you stay out of prison.
NOTE: Currently, in 2024, the Tormey Law Firm is representing a North Carolina resident who was arrested and charged with illegal gun possession for having his handgun on his hip on the casino floor. We are currently fighting for probation to try to keep him out of prison.
Charged with a Gun in Atlantic City? Our Attorneys Are Here to Help
If you face gun charges in Atlantic City, you need experienced legal representation to help you out of a serious jam. The accomplished Atlantic City gun attorneys at The Tormey Law Firm know what it takes to get a Graves Act waiver, a reduced sentence, probation, Pre-Trial Intervention, or a dismissal in a weapons case. We can assist with assessing your options and achieving the optimal result in your case. Contact us today at (201)-614-2474 to speak with a talented Atlantic City weapons defense lawyer in a free consultation. We can address your concerns and discuss strategies to handle your Atlantic City gun possession arrest and charges.