If you have been convicted of a criminal offense that renders you a certain person under New Jersey Law, then you are barred from owning or possessing a weapon. This may come as a surprise to many who want to own a firearm like a handgun, shotgun or rifle. It can also be quite shocking if you are arrested and discover that you have been charged with N.J.S.A. 2C:39-7 because you are a certain person not to possess a weapon. If you have been charged with a certain persons offense, our legal team is experienced in defending all weapon violations. For assistance in this regard, call our Wayne office at 862-203-4070.
Certain Person Not To Have a Weapon Lawyers Passaic City
What Constitutes a “Weapon” Under N.J.S.A. 2C:39-7?
The law in NJ defines a weapon as anything readily capable of lethal use or inflicting serious bodily injury. Objects like a gun or knife would obviously satisfy this definition but it is important to keep in mind that almost an infinite number items could qualify under the law depending on how they are being used. If you are a certain person under the law, you cannot possess anything that constitutes a weapon or you may be charged with a crime in accordance N.J.S.A. 2C:39-7.
Who Are Certain Persons Not to Have Weapons?
Individuals convicted of specified offenses or possessing a history of certain mental disorders, cannot purchase, own, possess or control a weapon. A conviction to the following offenses renders an individual a certain person prohibiting them from owning or possessing a weapon:
- Aggravated Assault
- Domestic Violence
- Bias Intimidation
- Endangering the Welfare of a Child
- Possession of a Prohibited Weapon or Device
- Possession of a Weapon for Unlawful Purpose or the Offense of Manufacture, Transport Disposition and Defacement of Weapons
- Unlawful Use, Possession, or Sale of a Controlled Dangerous Substance (excluding a disorderly or petty disorderly offense)
A conviction to one of these predicate offenses need not occur in New Jersey for someone to be a certain person. A conviction in another state, territory, commonwealth or jurisdiction of the United States or the World, so long as the crime is comparable to one of the above enumerated offenses, will suffice.
Grade of Crime For A Certain Persons Offense
A charge under N.J.S.A. 2C:39-7 is a crime of the second degree where the weapon is a firearm and the predicate criminal offense is stalking. If the triggering conviction is for domestic violence, the certain persons offense is a third degree crime. It is a fourth degree crime if the accused has a conviction for one of the remaining offenses set forth above.
Penalties For Violating N.J.S.A. 2C:39-7 (“Certain Persons Law”)
If convicted of a second degree crime, the defendant faces up to ten (10) years in jail and a fine of $150,000.00. There is mandatory minimum incarceration period of five (5) years for a conviction of a second degree crime under this statute being that this is the minimum term of imprisonment before an individual is eligible for parole. A third degree certain persons charge carries up to five (5) years in prison and a fine that can reach $15,000.00. The maximum jail term for a fourth degree certain persons violation exposes an individual to eighteen (18) months of imprisonment and a fine of $10,000.
Certain Persons Lawyers in Hawthorne NJ
Our office has been representing clients charged with various criminal offenses in towns like Little Falls, Wanaque, Bloomingdale, Haledon, Hawthorne, Woodland Park and Paterson for over a decade. We have the experience and skill set needed to protect your rights. For more information regarding a certain persons charge, call either of our Passaic County offices at 862-203-4070.