Law Offices of Michael T. Nolan, Jr.

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Man fighting criminal record for gun possession

On March 18, it was announced that an attorney for a New Jersey man who was convicted of second-degree unlawful possession in 2013 was challenging his criminal record. According to the attorney, the state had a firearm amnesty in place when the accused man was taken into custody, meaning that he should not have been charged. The firearm amnesty, which was in effect between August 2013 and February 2014, allowed individuals to be in possession of firearms that were acquired either legally or illegally.

The accused man claimed that he had legally purchased the gun and was waiting for the permit to clear. He stated that he had been unloading the gun in his vehicle in the garage when his 6-year-old sister walked in. He allegedly put the gun in the glove compartment. The gun was discovered by police officers when the man was later pulled over. He ultimately took a plea deal that resulted in a one-year probation.

However, the county prosecutor argued that the man did not have a permit to carry the gun and that gun was being transported in an unsafe location, as guns are only allowed to be transported in the trunk. The prosecutor defended the decision, stating that the law was put into place to protect citizens and police officers.

Being accused of a crime like possession of a firearm without a permit can land someone years in jail. However, a criminal defense attorney may utilize a number of different defenses, including arguing that the accused person was legally protected by a firearm amnesty or that the firearm did not belong to them.

Source: FOX News, "New Jersey man seeks pardon after legally owned gun makes him convicted felon," Cristina Corbin, March 18, 2015

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