If an individual has been convicted of a felony, it is possible that they may lose some of their rights, including the right to vote and the right to possess firearms. These punishments are imposed for many different reasons, such as:
- The individual was convicted of a violent felony, especially if the felony involved a firearm
- In theory, not allowing future firearm ownership can prevent a repeat offense
- The prohibition on gun ownership can be a deterrent for future crimes
- Having this as a possible punishment may deter other people from committing felony offenses
It is important for defendants to note that there may be differences in the state and federal felony sentencing guidelines, in addition to differences in the loss of privileges, including the loss of the right to own a firearm. These different laws may also have differences in the definition of a firearm, for example, a handgun versus a flare gun.
In the State of New Jersey, felons who are caught with firearms can face serious penalties, such as a permanent criminal record and mandatory incarceration. The penalties a defendant may face will depend on the nature of the offense as well as whether the individual has prior convictions.
The penalties that a felon who is caught with a firearm in New Jersey may face the following penalties:
- For a second-degree offense: A defendant may face up to ten years in prison and $100,000 in criminal fines
- For a third-degree offense: A defendant can face three to five years in prison as well as $15,000 in criminal fines
- For a fourth-degree offense: A defendant may face up to 18 months in a state prison
- A mandatory minimum: The court must sentence a felon to serve a minimum amount of time, typically one-third to one-half of their sentence
- Being ineligible for parole: The defendant may not be eligible for parole for a certain amount of time
There are several factors that can affect the type of penalty that a felon may face, including, but not limited to:
- The type of offense
- Possession of a firearm can affect the penalty
- The individual’s prior convictions
- If the felon has previous convictions, they may face harsher penalties
- The purpose of the firearm possession
- If the defendant possessed the firearm for an unlawful purpose, such as a drug crime, the penalty may be harsher
Under federal laws, felons are not allowed to possess firearms at any place or at any time. A defendant can obtain assistance from a local New Jersey attorney to understand the local and federal gun laws that apply in New Jersey.
Defense lawyers can help defendants fight any gun charges against them. It may be possible to have the charges reduced or dismissed, depending on the facts of the defendant’s case.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
In the State of New Jersey, the minimum sentence for a felon in possession of a firearm is five years in a state prison and a minimum of 42 months before the individual will be eligible for parole. This minimum sentence will apply to all defendants, regardless of their criminal history.
There are many different factors that may impact a defendant’s sentence, including:
- The sentence may be harsher if the felon has prior convictions
- The sentence may be harsher if the felon has prior violent felony convictions
- A court can consider the circumstances surrounding the offense when determining the sentence
- A court may consider the felon’s criminal history when determining the defendant’s sentence
- If a federal law enforcement agency becomes involved, the defendant may face harsher penalties
In certain cases, a court may have other options for sentencing, such as:
- A split sentence of jail time
- Probation
- A conditional discharge
A lawyer can advocate for their client and explain to the court why the defendant may have had the firearm in their possession, where the firearm came from, and, when possible, challenge any searches that were conducted. If a defendant has questions or concerns about the penalties they may face in the State of New Jersey, they should consult with an attorney.
Can a Felon Be Around a Person With a Gun?
Generally, yes, felons are permitted to associate with or be around individuals who own firearms. This, however, may be more complicated if the firearm itself is around the felon or an individual who owns a firearm resides with the felon.
A felon may be found guilty of constructive possession of a firearm in certain situations. This may occur if a felon is aware that the firearm was present at the residence and that they could maintain control of that firearm.
It is important to be aware that felons can also be found guilty of constructive possession without ever actually handling the firearm if the firearm is in a car or other vehicle. This type of issue can occur if a felon borrows a vehicle and is not aware that there is a firearm inside or if they are riding in a vehicle and are aware a firearm is present.
Important distinctions can be made between the individual possessing the firearm and owning the firearm, which can have a significant impact on the felon’s criminal liability. In many jurisdictions, a felon in possession of a firearm is a felony offense.
When an individual is convicted of this offense, it can affect their future ability to own firearms. If an individual faces second or third charges, they can also face significantly more harsh criminal punishments, for example, longer incarceration times and higher criminal fines.
What Weapons Can a Felon Own To Protect Themselves?
Although defendants who are convicted of felonies, in general, cannot own firearms, they might be able to own other weapons that they can use to protect themselves and their homes. This is because, even when an individual is a convicted felon, they will have the right to personal protection and to protect their homes.
Examples of weapons that felons may be able to own for their own protection include:
- Pellet guns
- Crossbows or bows and arrows
- Knives with blades under a specified length
It is important to note that a convicted felon may be required to obey all restrictions or laws on the weapons that they are allowed to own. Being allowed to own certain types of weapons can make sure that a felon can still hunt if they wish.
Taking the ability to own a firearm is not meant to take away the individual’s ability to defend themselves or hunt. It is, instead, meant to deter the individual from using a firearm to commit similar offenses in the future.
It is important to note that felons in the State of New Jersey are allowed to own antique firearms, which may include:
- Black powder rifles
- Black powder shotguns
- Muzzle-loading firearms
Every felon should be aware that federal laws prohibit felons from having a firearm in their home. This law will override any state law, including New Jersey laws. This can mean that, even when an individual does not face charges under the laws of New Jersey, they may still face prosecution under federal laws.
Can a Felon’s Gun Rights Be Restored?
Yes, there are certain situations in which a felon’s gun rights may be reported, including:
Individuals can reach out to New Jersey lawyers for more information on the available processes and whether or not they are eligible. These processes may also help restore other civil rights, such as the right to obtain a professional license or vote.
Even when an individual’s gun rights are restored at the New Jersey state level, they can still be prohibited from owning firearms under federal laws.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
When you have any concerns or questions about being a felon in possession of a firearm in the State of New Jersey, it is important to consult with a New Jersey criminal lawyer. You can seek legal advice whether you are the felon or if you are considering residing with a felon or letting them borrow a vehicle so you will be aware of the laws that will apply so you can avoid any legal issues.
It is very easy to use LegalMatch to locate a New Jersey lawyer in your area in as little as 15 minutes. Once you have submitted your question online, you will receive answers from licensed member lawyers who can help you in as little as 24 hours.
