Certain Persons Offense

Certain Persons Not to Have Weapons in New Jersey

Gloucester Twp NJ Weapons Defense Lawyers

New Jersey law prohibits people who meet certain criteria from possessing weapons. Criminal charges for Certain Persons Not to Have Weapons are explained in section N.J.S.A. 2C:39-7 of the New Jersey Statutes. According to this statute, a person with a prior conviction for a felony such as robbery, burglary, or aggravated assault, is not allowed to have any weapon in their possession. This law applies to all weapons, including firearms, and to felony convictions from both New Jersey and other states. Individuals who were previously committed for mental illness are also considered “certain persons” in New Jersey, as are those convicted of disorderly persons offenses related to domestic violence. If you are arrested for a certain persons offense, a conviction can spell significant consequences. It is highly advisable to seek legal counsel as soon as possible. Criminal defense attorney William Fay has dedicated years to defending clients charged with weapons crimes and other offenses in Camden County and throughout South Jersey. If you or a loved one is facing certain persons charges in Cherry Hill, Camden, Mt. Ephraim, Pine Hill, Winslow, Voorhees, Waterford, Haddon Twp, Gloucester, or elsewhere in NJ, contact his offices at 609-832-3202 for immediate assistance. Consultations are always provided free of charge.

N.J.S.A. 2C:39-7b Certain Persons Not to Have Weapons

According to section N.J.S.A. 2C:39-7 of the New Jersey Criminal Code, any person who meets one of the following criteria is prohibited from purchasing, owning, possessing or controlling a weapon in New Jersey:

  • A person convicted in this State or elsewhere of any of the following crimes: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking, possession of prohibited weapons or devices, possession of a weapon for an unlawful purpose, or unlawful disposition of a firearm;
  • A person who has ever been committed for a mental disorder unless he receives a certificate from a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm;
  • A person who has been convicted for the unlawful use, possession or sale of a controlled dangerous substance (other than a disorderly persons or petty disorderly persons offense);
  • A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence.

Degrees and Penalties for Certain Persons Offenses in New Jersey

Depending on the circumstances of the specific case, a certain persons offense can be classified as a second degree, third degree, or fourth degree crime. A certain persons offense is a second degree crime if the person has a prior felony conviction for any of the crimes listed above and possesses a firearm. Second degree certain persons offenses may result in a sentence to serve between 5 and 10 years in NJ State Prison. This level of offense is also associated with a mandatory minimum period of parole ineligibility of 5 years.

On the other hand, a certain persons offense is a third degree crime if the person has a prior conviction for a domestic violence offense and possesses a firearm. Third degree crimes entail an NJ State Prison term ranging from 3 to 5 years. Lastly, certain persons cases involving any weapons other than firearms typically involve fourth degree charges. A fourth degree crime in New Jersey exposes the defendant to a maximum prison term of 18 months.

Contact a Certain Person Offense Lawyer in Camden, New Jersey

Have you been arrested for a Certain Persons Not to Have Weapons Offense in Camden County or South Jersey? The highly experienced weapons defense lawyers at our firm can help. Contact our offices anytime at 609-832-3202 for a free consultation. We will listen to the circumstances of your case and discuss potential defense options. You can also contact us online to schedule an appointment.


testimonials reviews
"Excellent criminal defense lawyer"

"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."


testimonials reviews

"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."


testimonials reviews
"All Charges Dropped & Expunged"

"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"


testimonials reviews
"Fantastic Lawyer"

"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."


testimonials reviews
"Marijuana Charges"

"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."

former client

testimonials reviews
"Excellent lawyer. Highly recommended."

"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "

former client

testimonials reviews
"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

testimonials reviews
"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."

former client

Request a Free Consultation

Request a Free Consultation

If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202

We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español