Virginia Gun Owner Charged With Unlawful Possession in New Jersey

Welcome to Spodek Law Group. If you're reading this, there's a good chance you or someone you love just experienced one of the most terrifying moments of their life. You were driving through New Jersey—maybe heading to a business meeting, visiting family, or just passing through on your way to somewhere else. You had your firearm with you. The same gun you legally purchased, legally registered, and legally carry every single day in Virginia. Then you got pulled over. And now you're facing a second-degree felony that could send you to prison for up to ten years.

Your Virginia carry permit is worth exactly zero the second you cross into New Jersey. The gun that made you safe at home makes you a felon here. This isn't an exaggeration. This isn't legal scare tactics. This is the reality that hundreds of law-abiding gun owners from Virginia, Pennsylvania, and other states discover every single year when they make the mistake of driving through the Garden State with a legally-owned firearm.

New Jersey does not recognize Virginia permits. Or Pennsylvania permits. Or permits from any other state. Zero. Not one. The only permit that matters is the New Jersey permit you don't have—and getting one as a non-resident is extremely difficult. So what happens now? What are your options? And is there actually a way out of this nightmare?

What Happens When Virginia Meets New Jersey Gun Laws

Heres the thing that nobody explains until its too late. New Jersey has some of the strictest gun laws in the entire country. Under N.J.S.A. 2C:39-5, unlawful possession of a handgun is a second-degree crime. That means your looking at five to ten years in New Jersey State Prison. Not county jail. State prison.

And it gets worse. Because New Jersey also has something called the Graves Act.

The Graves Act (N.J.S.A. 2C:43-6) imposes mandatory minimum sentences on anyone convicted of a firearms offense. For unlawful possession of a handgun, that mandatory minimum is 42 months before you're even eligable for parole. Forty-two months. Thats 3.5 years before you can even discuss parole—for a gun you lawfully bought, legally own, and legally carried five minutes earlier in Virginia.

OK so think about this for a moment. The typical plea offer that prosecutors make to first-time offenders—people with absolutly no criminal history, people who have never been in trouble with the law in there entire lives—is five years in prison, three years to be served before the possibility of parole. They call this a favor. They present this as them being generous.

The Graves Act: Why 42 Months Is Just the Starting Point

Ten years. $150,000 in fines. For a gun you bought lawfuly, registered properly, and carried with a valid permit. Welcome to New Jersey.

Most people dont realize just how severe these penalties realy are until they're sitting in a holding cell trying to figure out what just happened to there life. The Graves Act wasnt designed with you in mind. It was designed to crack down on violent criminals and gang members carrying illegal weapons. But the law dosent distinguish between a career criminal with a stolen gun and a Virginia business owner with a concealed carry permit who made the mistake of stopping for gas in Newark.

Let that sink in. The same law that applies to drug dealers and gang enforcers applies to you. And the prosecutors are not automaticaly going to treat your case differently just becuase you have a clean record and legally own your firearm in your home state.

The fines can be devastating too. Were talking up to $150,000 on top of the prison time. Even if you somehow avoid prison, the financial impact of a second-degree felony conviction can destroy your career, your family, and your future.

FOPA: The Federal Protection That New Jersey Ignores

Heres were things get realy frustrating. There is actualy a federal law thats supposed to protect you. Its called the Firearm Owners Protection Act, or FOPA, and it's codified at 18 U.S.C. § 926A.

FOPA says that you have the right to transport an unloaded firearm between any two places where you may legitmately possess it, regardles of state laws along the route. As long as your gun is unloaded, locked in a case or in the trunk, and your only making neccesary stops—gas, food, restroom—you should be protected.

Federal law says your protected traveling through. New Jersey police arrest you anyway and let you sort it out in court.

Look at it this way. FOPA is supposed to be your shield. But New Jersey law enforcement has a well-documented history of ignoring it completly. They arrest you first and let you assert FOPA as a defense later. Which means you still get arrested. You still get processed. You still spend time in a holding cell. And you still have to hire an attorney to fight for your freedom.

The NRA has literaly had to warn gun owners for years to avoid traveling through New Jersey and New York with firearms because of this exact problem. These states have a reputation for ignoring federal protections and prosecuting anyway.

The Overnight Stay Trap That Destroys Your Defense

Now heres something that almost nobody talks about, and its absolutly critical if your trying to rely on FOPA protection.

Stop at a New Jersey hotel overnight and your federal protection evaporates. The Third Circuit Court of Appeals has ruled that your journey is no longer "continous" if you make an overnight stop. Now your just a criminal with a gun.

This comes from a real case—the Greg Revell case from 2005. Revell was a Utah resident with a valid Utah concealed carry permit traveling through Newark Airport. His flight was cancelled and he was given his luggage, which included his properly checked firearm. He had to spend the night at a hotel in New Jersey. When he returned to the airport the next morning to check his handgun for the final leg of his trip, he was arrested.

The Third Circuit ruled that FOPA protection only applies when your traveling continously. An overnight stay breaks the continuum. Suddenly your not a traveler anymore—your just someone possesing a firearm illegally in New Jersey.

Some gun owners are arrested at Newark Airport while trying to declare there firearms properly. Walking to the check-in counter with your gun case already counts as unlawful possession.

The Attorney General Directive That Changed Everything

OK so after reading all of this, you probly feel like there's no hope. Like the system is completley stacked against you and your going to prison no matter what.

But heres the thing. The system has an escape hatch that most gun owners never learn about until its too late. The Attorney General's 2014 directive created it.

In 2014, Acting New Jersey Attorney General John Hoffman issued statewide guidance to county prosecutors clarifying how they should handle cases involving out-of-state gun owners. He specificaly recognized that many New Jersey visitors may be ignorant that they illegaly possess or transport a gun they obtained lawfully where they reside.

The directive basicaly says this: if you meet certain criteria, you should be eligable for Pre-Trial Intervention (PTI) instead of mandatory prison time.

One Philadelphia mothers case in 2014 changed everthing. Her name was Shaneen Allen. She was pulled over on the Atlantic City Expressway for a minor traffic violation. She had a valid Pennsylvania carry permit and a .380 handgun in her purse. When the trooper asked if she had anything in the car he should know about, she voluntered that she had a gun.

She nearly went to prison for 3-5 years. But after national attention and the Attorney Generals directive, she was admitted into PTI. She never served a day in prison. And her case opened the door for aproximately 100 other defendants in similar situations.

PTI: The Path From Felony to Dismissal

Heres the cruel irony of how this system works. To get your charges dismissed, you might first have to plead guilty. The system calls this "plea PTI" and its often the only path to freedom.

Pre-Trial Intervention is normaly only available for third and fourth-degree crimes. Second-degree crimes like unlawful posession of a handgun are normaly excluded. But the Attorney General's directive created an exception for out-of-state gun owners who meet specific criteria:

1. You have no prior criminal convictions 2. You had all neccesary permits to own the gun in your home state 3. You notified New Jersey law enforcement about the gun 4. You honestly beleived you weren't violating New Jersey law

If you meet these criteria, your attorney can argue for PTI admission. But since its a second-degree crime, you may be required to enter a "plea PTI"—meaning you technicaly plead guilty, but the guilty plea only becomes relevant if you violate the terms of PTI.

Complete PTI successfuly and six months later you can expunge everthing. The arrest, the charges, the nightmare—legaly erased like it never occured.

This is what Todd Spodek and the team at Spodek Law Group fight for on behalf of our clients. We understand how this system works, and we know how to navigate the complex path from arrest to dismissal.

Why Volunteering Gun Information Could Save You

Most lawyers tell you to stay silent. And in most criminal cases, thats good advice. But in New Jersey gun cases involving out-of-state permit holders, volunteering information about your firearm proves you didnt know you were breaking the law—and that can save you.

Think about it from the prosecutor's perspective. There evaluating four things:

1. Why did you come to New Jersey? 2. Where was your gun stored while in New Jersey? 3. What's your criminal history? 4. Did you cooperate with police?

Get three right, fumble one, and you could still go to prison. But the cooperation factor is especialy important becuase it goes directly to the question of intent.

If you volunteered information about your gun—like Shaneen Allen did—that strongly suggests you didnt realize posessing it was illegal. Why would someone voluntarily tell a police officer about something they knew was a crime? That dosent make sense. And prosecutors and judges recognize that.

The Attorney General's directive specificaly mentions that defendants who notify law enforcement about there firearm should be given favorable consideration for PTI. This is one of the few situations in criminal law where speaking up can actualy help your case.

What Your First 24 Hours Should Look Like

If you've been arrested for unlawful possession of a firearm in New Jersey as a Virginia gun owner, what you do in the next 24 hours matters tremenduosly.

First, understand what your facing. The "deal" prosecutors offer first-time offenders with clean records is five years, three before parole. They call this a favor. But its not the only option.

Second, contact an experienced criminal defense attorney imediately. Not just any attorney—you need someone who specialy handles gun cases in New Jersey and understands the Attorney General's directive, PTI eligability, and the Graves Act waiver process.

Third, gather your documentation. You'll need proof that you lawfully purchased and owned your firearm in Virginia. Your Virginia concealed carry permit. Any training certificates or records. The more evidence you have showing you were a law-abiding gun owner in your home state, the stronger your case for PTI.

Fourth, be prepared for a bail hearing. New Jersey takes gun charges extremly seriously. You may face significant bail or even detention.

Fifth, do not discuss your case with anyone except your attorney. No social media posts. No conversations with cellmates if your being held. Nothing.

The difference between prison and dismissal often comes down to having the right legal representation from the very beginning. Spodek Law Group has helped countless clients facing gun charges in New Jersey. We understand that you are not a criminal—you are a law-abiding citizen who made an honest mistake about which laws apply when you cross state lines.

If you or a loved one is facing unlawful possession charges in New Jersey as an out-of-state gun owner, call us now at 212-300-5196. Time is critical, and the sooner we can begin building your defense, the better your chances of avoiding the prison sentence that New Jersey wants to impose on you.

You didn't do anything wrong in your home state. Let us help you fight for the outcome you deserve.