Charged With Possessing an Out-of-State Gun in New Jersey

Welcome to Spodek Law Group. If you are reading this, there is a good chance you just experienced one of the most disorienting moments of your life. You were pulled over in New Jersey - maybe for a minor traffic violation, maybe just a routine stop - and you did what any responsible, law-abiding gun owner would do. You informed the officer that you had a firearm in the vehicle. You showed them your carry permit from your home state. You expected them to thank you for your honesty, check your paperwork, and send you on your way.

That is not what happened.

Instead, you are now facing a second-degree felony charge under N.J.S.A. 2C:39-5. The same handgun you can legally carry in thirty other states can cost you a decade in a New Jersey prison. And here is the part that makes people's heads spin: your out-of-state permit does not help you. It proves you knew you had a gun. That is not a defense in New Jersey. That is a confession.

The Moment Everything Changes

Heres the thing about New Jersey gun arrests. They dont happen to criminals sneaking weapons across state lines. They happen to ordinary people who made an innocent mistake about where their legal rights end.

Consider this real case. A man was moving from Maine to Texas. Long drive. He pulled into a New Jersey parking lot to take a nap before continuing his journey. He had firearms in his vehicle - all legally purchased, all properly stored. He woke up to police officers, was arrested, and recieved five years in prison. His crime was taking a nap in the wrong state.

Or look at Gregg Revell. His flight into Newark was delayed, which caused him to miss his connecting flight. He collected his checked baggage - which contained an unloaded, legally owned handgun - and spent the night at a Newark hotel. The next morning he tried to recheck his bags for his rescheduled flight. The airline called police. He spent three days in jail before making bail.

These are not edge cases. This is how the system works. New Jersey has some of the strictest gun laws in the country, and the state has absolutly no interest in making exceptions for out-of-state visitors who didnt know better.

Why Your Out-of-State Permit Means Nothing in NJ

OK so think about this for a second. Pennsylvania issues concealed carry permits that are honored in thirty other states. You can drive from Philadelphia through Delaware, Maryland, Virginia, all the way down to Florida, and your permit is valid the entire way. But the moment you cross into New Jersey? That permit becomes worthless paper.

Actualy, its worse than worthless. Because New Jersey law doesnt differentiate between someone with a lawful permit from another state and someone with no permit at all. To New Jersey prosecutors, your responsible gun ownership means nothing. Your background check means nothing. Your clean record means nothing.

Theres a brutal irony here. Your permit proves you knew you had a gun. It proves you were aware of what you were carrying. In most states, that awareness would help your case - it shows you werent trying to hide anything. In New Jersey, that awareness becomes evidence of knowing possession. Your honesty becomes their leverage.

The law here is N.J.S.A. 2C:39-5, and it makes unlawful possession of a handgun a second-degree crime. That means five to ten years in state prison. Not county jail. State prison. And because of the Graves Act, there are mandatory minimum sentences that even judges cant waive on there own.

The Graves Act and Why 42 Months is Just the Beginning

Let that sink in. Forty-two months. Thats how long you will serve before your even eligible for parole under the Graves Act mandatory minimum. Not the total sentence - just the period before parole eligibility. The actual sentence for a second-degree offense is five to ten years.

Heres were it gets even more complicated. The Graves Act, contained at N.J.S.A. 2C:43-6, was designed to crack down on gun violence. It mandates that anyone convicted of certain weapons offenses must serve a mandatory minimum prison term. For second-degree offenses like unlawful handgun possession, that minimum is 42 months - three and a half years behind bars before you can even apply for parole.

What does this mean practicaly? It means that even if you have never committed a crime in your life, even if you have a spotless record, even if the judge believes you made an honest mistake - the court cannot simply give you probation. The Graves Act ties the judges hands. Unless the prosecutor consents to a waiver, your going to prison.

The typical plea offer for someone in your situation? Five years in prison, three years without parole. Thats what prosecutors offer to first-time offenders with no criminal history. Thats the "deal" they put on the table.

The FOPA Trap - Federal Protection That Doesnt Protect

Now your probly thinking - wait, isnt there some federal law that protects people traveling with firearms? There is. Its called the Firearms Owners Protection Act, and it was passed by Congress in 1986 specificaly to address situations like yours.

Under 18 U.S.C. § 926A, if you can legally possess a firearm at both your origin and destination, you should be able to transport that firearm through any state in between - even states with strict gun laws like New Jersey. The weapon must be unloaded and locked in your trunk or a container thats not readily accessible.

Sounds reasonable. Sounds like protection. Its not.

New Jersey treats FOPA as a mere "affirmative defense." What does that mean? It means the police will still arrest you. You will still be charged. You will still be processed through the system. You will still need to post bail. And only later, in court, can you try to argue that FOPA should have protected you.

But heres the kicker - New Jersey courts have interpreted FOPA extremly narrowly. Remember that man who took a nap in the parking lot? He lost his FOPA protection because stopping for a nap was ruled to be outside the scope of "continuous travel." Gregg Revell collected his bags at the airport because his flight was delayed. That counted as a "stop" that voided his protection.

One common saying among gun rights advocates is that friends dont let friends take firearms into New Jersey. Thats not a joke. Its a warning based on years of watching innocent people get caught in this system.

Your Honesty Becomes Their Evidence

Look at it this way. You were taught to be a responsible gun owner. You were taught that if you have a firearm in your vehicle and you get pulled over, you should immediately inform the officer. Its the right thing to do. It keeps everyone safe. It shows that your not trying to hide anything.

In most states, that honesty works in your favor. Officers appreciate the heads-up. They check your permit, verify everythings in order, and send you on your way with maybe a warning about your driving.

In New Jersey? That moment of honesty is the moment you confess to a felony.

The officer heres you say "I have a firearm in the vehicle." They ask for your permit. You hand over your Pennsylvania license, your Virginia concealed carry, your Florida permit - whatever you have. And suddenly your being handcuffed and read your rights.

Your disclosure established that you had the gun. Your permit established that you knew you had the gun. Your cooperation just made the prosecutors job remarkibally easy. They dont need to prove you were hiding anything. You told them everything they needed to know.

This feels fundamentaly unjust because it is fundamentaly unjust. But its also the reality of how New Jersey gun law operates.

The Shaneen Allen Precedent

The case of Shaneen Allen shows exactly how this system works - and what it takes to fight back.

Allen was a 27-year-old mother of two from Philadelphia. She worked as a phlebotomist. In 2013, she was robbed, and the experience shook her deeply. Like millions of Americans before her, she decided to exercise her Second Amendment rights. She obtained a Pennsylvania license to carry, completd all the required training, and purchased a handgun legally.

Then she made a mistake that almost cost her three years of her life. She drove into Atlantic City, New Jersey, got pulled over for a minor traffic violation, and - being an honest, responsible gun owner - informed the officer that she had a firearm. She showed her Pennsylvania permit.

She was arrested on the spot.

Heres what happend next that reveals how arbitrary this system can be. The director of Atlantic County's pretrial intervention program actualy recommended Allen for PTI - the diversionary program that would have allowed her to avoid prison and eventually have the charges dismissed. This was the courts own probation director saying she deserved a second chance.

The prosecutor said no. He refused to consent to PTI. He refused to apply for a Graves Act waiver. He was prepared to send this single mother to prison for years.

What changed his mind? National outrage. Media coverage. And - remarkably - comparisons to the case of Ray Rice. The football player had just been offered admission to PTI after a domestic violence arrest. Observers pointed out the absurdity: a man who assaulted his fiancée got diversonary treatment, but a single mother who legally purchased a gun and made an honest mistake about state borders faced mandatory prison time.

Eventually, the prosecutor relented. Allen entered PTI, completed the program, and was later pardoned by the governor. But her case is the exception, not the rule. It took national media attention and widespread public outrage to get the system to show mercy.

Most people dont get that kind of attention. Most people just get ground up by the machine.

PTI and Graves Act Waivers - Your Only Realistic Path

If your facing an out-of-state gun charge in New Jersey, there are basicly two ways to avoid the mandatory prison time: pretrial intervention and a Graves Act waiver. Understanding both is critical.

Pretrial intervention, or PTI, is a diversionary program that allows first-time offenders to avoid prosecution by completing a period of probation. If you sucessfully complete PTI, the charges against you are dismissed. You dont have a felony conviction on your record. You can move on with you're life.

Heres the catch: for Graves Act offenses, you cannot enter PTI unless the prosecutor consents. And the prosecutor wont consent unless they also agree to waive the Graves Act mandatory minimum. Both decisions rest entirely in the prosecutors hands.

In 2014, after the Shaneen Allen case drew national attention, the New Jersey Attorney General issued a directive clarifying how prosecutors should handle out-of-state gun cases. The directive acknowledged that mandatory incarceration is "especially disruptive" for visitors who were unfamiliar with New Jersey's strict gun laws.

Under this directive, prosecutors are encouraged to give special consideration to out-of-state residents who acquired their weapon lawfully, possessed it under circumstances that would have been legal in their home state, and honestly believed they could possess the gun in New Jersey.

That sounds promising. But encouragement is not a mandate. Prosecutors still have complete discretion. Some follow the directive faithfully. Others dont.

What factors do prosecutors consider? They look at why you were traveling to New Jersey. They examine where the gun and ammunition were located in your vehicle. They review your crimnal history. They assess how cooperative you were with police. They consider whether you can document legal purchase and possession in your home state.

If you want PTI and a Graves Act waiver, you need to build what defense attorneys call a "compelling reasons package." This includes proof of legal purchase. Your out-of-state permit. Character references. Employment verification. Travel plans showing you were just passing through. Anything that demonstrates your a responsible citizen who made an innocent mistake.

Can this be done? Yes. Attorneys like Todd Spodek at Spodek Law Group have helped numerous clients navigate this process successfully. But it requires expertise in New Jersey gun law, relationships with local prosecutors, and the abillity to present your case compellingly.

What Happens When You Are Arrested at Newark Airport

Newark Liberty International Airport is one of the busiest airports in the country. It handles connections to destinations worldwide. And every year, travelers passing through Newark get arested for the same reason.

The scenario typicaly goes like this. You have a legal firearm in your home state. Your flying somewhere and you properly declare the unloaded weapon at your originating airport. Everything goes smoothly. But then something goes wrong with your flight. Maybe its canceled. Maybe you miss your connection. Maybe theres a mechanical delay that forces you to overnight in Newark.

When your flight is disrupted, you need to collect your checked bags - including the bag containing your firearm. Now your in possession of that weapon in New Jersey. You spend the nite at an airport hotel. The next morning you try to recheck your bags for your rescheduled flight.

Thats when it happens. The airline sees the firearm declaration. They call the Port Authority police. And despite the fact that you did everything by the book - despite the fact that you never intended to possess a weapon in New Jersey, despite the fact that your only there because the airline disrupted your travel - your arrested.

This is not hypothetical. This happens regularly at Newark. The FOPA defense that should protect you is treated as something you can argue about later in court. Meanwhile, your in a New Jersey jail cell.

If this has happened to you, you need an attorney immediatly. Not next week. Today.

Why You Need a New Jersey Gun Defense Attorney Now

Let me be direct with you. New Jersey has turned law-abiding citizenship into a felony trap. The things that prove your a responsible gun owner - your permit, your legal purchase documentation, your honest disclosure to police - become evidence against you in a New Jersey courtroom.

You cannot talk your way out of this. You cannot assume the prosecutor will be reasonable. You cannot assume that because you did nothing moraly wrong, the legal system will recognize that.

What you can do is fight. With the right attorney - someone who understands New Jersey's gun laws, who knows how to build a compelling reasons package, who has experience negotiating with local prosecutors for Graves Act waivers and PTI admission - you have a real chance of avoiding the devastating consequences of a conviction.

Todd Spodek and the team at Spodek Law Group have handled cases exactly like yours. We understand what your going through. We know the fear, the confusion, the sense that the system has turned against you for doing nothing wrong. We have helped clients secure PTI admission and Graves Act waivers when prosecutors initialy refused. We know how to fight this.

Time matters here. The sooner you have an attorney working on your case, the better position you will be in when it comes time to negotiate with prosecutors. Do not wait.

Call 212-300-5196 today for a confidential consultation. Let us review your case and explain your options. If your facing an out-of-state gun charge in New Jersey, you dont have to face it alone.