- Clients often as, “Can I be arrested if the police search my home for some other reason and find a gun that I haven’t registered in my home?”
- This depends upon the circumstances of your background.
- If you haven’t been convicted of a crime in New Jersey or anywhere else, you can have an unregistered gun in your home.
- If you have been convicted of a crime, whether it is a year ago or 35 years ago, and you have an unregistered gun in your home found by police through a legal search, you can be charged with a felony.
- Another common situation: clients come from another state with loser gun laws where they are able to carry, and then they come into New Jersey.
- You cannot carry a registered firearm from another state through Newark airport, a train station or in general-it must be registered in New Jersey if you are coming here and carrying it; if it is not registered in NJ, you can suffered a criminal consequence.
- Contact an experienced criminal defense attorney
The answer to this question isn’t a simple yes or no. It actually depends upon the circumstances of your background. If you’ve never been in trouble before, meaning you’ve never been convicted of a felony here in the State of New Jersey or anywhere else, then you can have an unregistered gun in your home. It’s not a crime. However, if you have been convicted of a felony previously, whether it is a year ago or 35 years ago or anywhere in between and you have an unregistered gun in your home that’s found through some legal search of the police, there are criminal consequences and you can be charged with a felony.
Another variation of this question that I often receive is from individuals who have flown into the State of New Jersey through Newark airport or come through one of the various train stations and have carried a gun. They have a permit from another state such as Florida or Texas or states that have much looser gun laws than we do in the northeast, specifically here in New Jersey. It is not okay to carry a firearm that is registered in another state in through Newark airport, or in your car, anywhere in the State of New Jersey without first registering it here. Although it may be okay to carry that gun in your home state or carry that gun in some other set of circumstances, coming through Newark airport, coming through a train station, or just suffering through a random traffic stop that results in the police seizing a gun that is not registered in the State of New Jersey is a felony offense and results in criminal consequences. If this has happened to you or a loved one, my suggestion would be to immediately contact a criminal defense attorney who has experience with gun charges to discuss the set of circumstances and the facts surrounding yours or your loved one’s case.
Keith Hirschorn, P.C., is an experienced criminal defense attorney working throughout the state of New Jersey. If you have any questions regarding the merits, facts and circumstances of your case, call the law office, to set up a free initial consultation.