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.


"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."



Cherry Hill Shoplifting Attorneys

Caught Shoplifting in Cherry Hill NJ? Were you arrested in Cherry Hill and charged with theft, shoplifting, receipt of stolen property or resisting arrest? Were you stopped by store security and forced to sign a document admitting that you attempted to shoplift and agree not to return? Did you receive a letter from an attorney… Read More

Arrested in NJ, How Long can I be Kept in Jail?

Arrested in NJ, How Long can I be Kept in Jail?

Cherry Hill Criminal Defense Lawyers Explain Potential Length of Jail Time from Arrest to Bail Hearing The bail system in New Jersey has recently undergone extensive reform. Before January 1, 2017, every defendant charged with a criminal offense was eligible—pursuant to the state constitution and the New Jersey Rules of Court—to request cash bail. A… Read More

Restraining Orders Based on Harassment in New Jersey

Restraining Orders Based on Harassment in New Jersey

Accused of Harassment in Camden County, NJ? In New Jersey, a person can file for a restraining order against you if you have allegedly committed an act of domestic violence against them. The New Jersey Prevention of Domestic Violence Act set forth offenses that constitute acts of domestic violence, including harassment. Among domestic violence offenses,… Read More

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