Cherry Hill Gun & Weapons Charges Lawyer

Facing charges for unlawful possession of a weapon in Cherry Hill can feel overwhelming and frightening, especially given the severe penalties and complex legal standards involved. When your freedom and future are at stake, being unsure where to turn or how to defend yourself only adds to the stress and uncertainty.

At Lackey & Miller, LLC, our experienced criminal defense attorneys understand the gravity of weapons offenses and the aggressive tactics prosecutors use. We stand ready to protect your rights, challenge the prosecution’s case, and develop a strategic defense tailored to your situation, so you don’t have to face this battle alone.

Why Work With the Weapons Charge Defense Attorneys Lackey & Miller, LLC

Lackey & Miller, LLC, a distinguished New Jersey firm, has the experience and an outstanding track record in weapons and firearms charge defense, including complex Graves Act cases and related violent crime allegations.

Backed by decades of combined criminal law experience, both Jeremy Lackey and Derek Miller formerly served as prosecutors and Deputy Attorneys General on violent crime and weapons units, including assignments to specialized task forces targeting firearms trafficking and organized crime prosecutions.

The firm’s consistent recognition includes honors such as Top 100 Trial Lawyers, Avvo 10.0 and Justia Lawyer Ratings, AV Preeminent status from Martindale-Hubbell, and various Attorney General awards for law enforcement excellence. Both attorneys are active members of local and state bar associations, and respected legal platforms and media outlets have featured their expertise, as seen in Benchmark Litigation, Avvo, Justia, and local bar publications.​

Our Cherry Hill Lawyers Defend Clients Against Charges Involving Firearms Possession

When dealing with firearms offenses and weapons charges, New Jersey’s stringent gun laws demand the expertise of a skilled and effective defense attorney. At Lackey & Miller, LLC, our team of experienced former prosecutors is committed to providing South Jersey residents with knowledgeable advice and unwavering advocacy.  From our office located in Cherry Hill, we dedicate ourselves to safeguarding the rights of our clients facing gun charges and other offenses related to the use and possession of weapons. Our comprehensive understanding of both sides of the legal process empowers us to build strong defenses and pursue the best possible outcomes for our clients.

Client Testimonials

“What an amazing and professional service. I am so grateful (sic) for all you did for my daughter. We are Blessed to have had your services. I highly recommend this attorney as he got all the charges dropped and expunged from my daughter’s record, and she gets to go back to a clean record. Thanks again for everything,” – M.J.

“Jeremy Lackey is a very competent lawyer. He pays attention to detail and gets results. I was the least cooperative client, and he still managed to get the 15+ year charges against my husband expunged. Would use him for any and all of my legal matters” – J.H.

“Lackey and Miller stayed in constant contact with me throughout the court process and let me know every time my court date was, which is what I liked. Lackey and Miller also got my pending charges dismissed, thank you, Lackey and Miller.” – F.P.

What Is Considered a Weapon in Cherry Hill, New Jersey?

In Cherry Hill, a “weapon” includes a broad range of items as defined under N.J.S.A. §2C:39-1. Weapons listed include:

• Firearms, including handguns, rifles, and shotguns
• Explosives and destructive devices
• Knives and blades
• Imitation firearms
• Baseball bats or other objects capable of causing bodily injury if used unlawfully
• Mace or pepper spray

The key legal factor is whether someone can use the item to inflict harm, intimidate a person, or damage property.

What Is Possession of a Weapon for an Unlawful Purpose?

Under N.J.S.A. 2C:39-4, possession of a weapon for an unlawful purpose means that a person knowingly possesses any weapon — including firearms, imitation firearms, knives, or any other object capable of causing harm — with the intent to use it unlawfully against another person or property.

It is not enough that you simply had the weapon on you. The State must prove specific intent: that you meant to use the item to commit a crime. Prosecutors often rely on circumstantial evidence, assumptions about behavior, or statements taken out of context to try to prove this intent — which is exactly why these charges require an experienced defense attorney who knows how to challenge the State’s theory.

What Are the Penalties for Possession of a Weapon for an Unlawful Purpose in Cherry Hill?

N.J.S.A. §2C:39-4 classifies the offense and the penalty by type of weapon:

• Firearms, explosives, or destructive devices: Second-degree crime, which carries a 5- to 10-year imprisonment sentence and fines up to $150,000. Possession of a firearm for an unlawful purpose also triggers the Graves Act, mandating you serve forty-two months (three and a half years) in prison before being eligible for parole.
• Weapons such as knives and bats: Third-degree crime, which carries a potential prison term of three to five years and fines up to $15,000.
• Imitation firearms: Fourth-degree crime, which carries a prison sentence of up to 18 months and fines of up to $10,000

The statute requires proof of possession and unlawful intent.

Prohibited Weapons, Ammunition, and Devices in New Jersey (N.J.S.A. 2C:39-3)

Some weapons and devices are illegal to possess at all, regardless of intent, including:

• • Destructive devices: Third-degree crime, which carries three to five years in prison and a fine of up to $15,000
  • Sawed-off shotguns: Third-degree crime, which carries three to five years in prison and a fine of up to $15,000
  • Silencers and defaced firearms: Fourth-degree crime that carries up to 18 months in prison
  • Hollow-point/hollow-nose bullets: Fourth-degree crime that carries up to 18 months in prison
  • Large-capacity ammunition magazines: In most cases, a fourth-degree crime, which carries up to 18 months in prison

• Stun guns: Fourth-degree crime that carries up to 18 months in prison

• Large capacity ammunition magazine (more than 12 rounds): Fourth-degree crime that carries up to 18 months in prison

• Ghost guns: A third-degree crime, which carries three to five years in prison and a fine of up to $15,000 (if this firearm is a handgun, the offense is subject to the Graves Act)

Even if you never fire the weapon, simply possessing it is a felony.

What Is the State Required to Prove for Possession of a Weapon for an Unlawful Purpose Charge?

The state must prove beyond a reasonable doubt that the defendant:

• Possessed a weapon as defined by law
• Knowingly possessed it
• Had specific intent to use the weapon unlawfully against a person or property

The state must show that the defendant had “a conscious objective or design to commit an illegal act” with the weapon. The decision to use a weapon unlawfully can occur in a matter of seconds and does not require any long-term thought or plan beforehand.

Common Types of Cherry Hill Weapons Charges

If law enforcement arrests you on a weapons-related offense, the first thing you should do is contact a criminal defense lawyer who is deeply familiar with cases involving the following charges:

Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5)

Under New Jersey’s stringent gun laws, the illegal possession of a handgun is a second-degree crime, which carries a penalty of five to ten years of imprisonment upon conviction, along with a mandatory parole ineligibility period of forty-two months pursuant to the Graves Act.

The unlawful possession of a rifle or shotgun is a third-degree offense, which carries a potential penalty of three to five years imprisonment upon conviction. Cases involving other weapons, defined as anything readily capable of lethal use or of inflicting serious bodily harm, are prosecuted as fourth-degree crimes, potentially leading to a maximum incarceration period of eighteen months upon conviction.

Possession of a Weapon for Unlawful Purposes (N.J.S.A. 2C:39-4)

Even if a person is authorized or licensed to possess a firearm or other weapon, it is a crime in New Jersey to possess a weapon with the purpose of using it against someone else for an unlawful act.

Possessing a firearm, explosive, or destructive device for an unlawful purpose is a second-degree crime, which carries a penalty of five to ten years of imprisonment upon conviction. If the weapon is a firearm, the defendant is subject to the mandatory parole ineligibility period of forty-two months (three and a half years) pursuant to the Graves Act. Possessing other weapons for unlawful purposes is a third-degree crime, and imitation firearms are fourth-degree crimes.

Pointing a Firearm (N.J.S.A. 2C:12-1b(4))

In New Jersey, if you knowingly, under circumstances manifesting extreme indifference to the value of human life, point a firearm at or in the direction of another, whether or not you believe it to be loaded, you could face charges of aggravated assault, which is a fourth-degree crime that carries a potential sentence of eighteen months upon conviction and it must be served before being eligible for parole.

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

Several offenses in New Jersey, if convicted, result in a complete prohibition on the possession of a weapon, especially a firearm, regardless of any exceptions outlined in N.J.S.A. §2C:39-6.

When the court convicts an individual of specific offenses outlined in N.J.S.A. §2C:39-7, he or she becomes ineligible to possess a weapon, even if he or she would otherwise fall under the firearm permit exceptions, such as possessing a weapon in their home or residence, a place of business, or a firing range.

If the weapon you possess is a firearm, it is a second-degree crime that carries a penalty of five to ten years of imprisonment upon conviction, and a mandatory parole ineligibility period of five years. Any sentence for an underlying firearm conviction may run consecutively with the underlying weapons offense.

Weapons; Controlled Dangerous Substances And Other Offenses (N.J.S.A. 2C:39-4.1)

Any person who has in his possession any firearm or other weapon while in the course of committing, or attempting to commit, or conspiring to manufacture or distribute a controlled dangerous substance is guilty of a second-degree crime, which carries a penalty of five to ten years of imprisonment upon conviction with a mandatory forty-two months parole ineligibility pursuant to the Graves Act.

Additionally, the convicted must serve any sentence for the underlying drug conviction consecutively to the sentence for this weapons conviction, which could increase the amount of time spent incarcerated substantially.

These are only a few of New Jersey’s many weapons and firearms offenses. It is important to note that any weapons offense is taken very seriously by law enforcement and prosecutors in New Jersey.

What Is the Graves Act, and How Does It Affect Weapons Cases?

The Graves Act is a New Jersey law that requires mandatory prison sentences and parole ineligibility for certain gun offenses. However, an experienced defense attorney may seek a Graves Act waiver to reduce or eliminate these mandatory penalties. A Graves Act waiver could reduce the mandatory parole ineligibility period to one year.

Is It Illegal to Carry a Firearm in Cherry Hill With a Permit From Another State?

Yes. Cherry Hill does not honor out-of-state firearm permits. Carrying a weapon in Cherry Hill without a valid NJ permit to carry can result in serious criminal charges, even if you’re legally permitted to carry the firearm elsewhere.

Cherry Hill Gun Laws You Might Not Know

Gun laws in Cherry Hill include:

• NJ does not honor out-of-state permits (no concealed carry reciprocity)
• Strict rules for transporting firearms (unloaded, locked, limited stops)
• No guns on school property, even with a permit
• Hollow points and ghost guns are heavily restricted if not contained in your residence

What is the Penalty for Carrying a Gun Without a Permit in NJ?

Carrying a firearm without a proper permit or license is a second-degree crime that carries severe penalties. A conviction means five to ten years in prison plus substantial fines, including the Graves Act mandatory minimums. Unauthorized possession can also lead to enhanced penalties if combined with other offenses, such as assault or drug crimes.

Can I Face Weapons Charges Even if I Didn’t Use the Weapon?

Under New Jersey law, police can charge you with possession of a weapon for an unlawful purpose even if you did not actually use the weapon. Prosecutors can prove intent or purpose to use a weapon unlawfully if the circumstances or evidence show a plan for illegal use. Having a weapon becomes a serious crime when the facts suggest the person meant to use it in a criminal way.

Cherry Hill Red Flag Laws and Gun Seizures

New Jersey’s Red Flag laws (Extreme Risk Protection Order [ERPO] Act) allow police, family, or household members to request a court order to seize firearms from someone who poses a danger temporarily. A judge may issue an emergency removal order if there’s “good cause,” then hold a full hearing within days using a lower “preponderance of evidence” standard. The individual can attend the hearing, contest evidence, and appeal if the court seizes their guns. The respondent can present evidence and petition to terminate the ERPO in court.

Legal Standards and Hearing Process for TERPOs and FERPOs

New Jersey courts can issue a Temporary Extreme Risk Protective Order (TERPO) ex parte if they have a strong reason to believe a person poses an immediate danger, usually without the respondent present. The TERPO typically lasts up to 10 days. A final hearing (FERPO) takes place within this period, where the standard is “preponderance of the evidence,” which means the judge must find it’s more likely than not that the respondent poses a significant danger.​

Rights, Remedies, and How to Challenge a Red Flag Gun Seizure

At the FERPO hearing, the respondent has the right to testify, provide evidence, present witnesses, and cross-examine the petitioner’s witnesses. The court considers broad evidence, not limited by strict trial rules. Respondents may appeal final orders through normal court channels.

FERPOs in New Jersey may last indefinitely, as they remain in effect until the respondent proves they no longer pose a risk. To lift a FERPO, the individual must present evidence at a future hearing and show by a “preponderance of the evidence” that they no longer present a danger to themselves or others.

The respondent can request this review, offer updated testimony or documents, and have the court reassess their case under the same legal standard used to impose the order. If successful, the court will vacate the order and restore the respondent’s firearm rights.​

Relevant “Warning Signs” and Evidence Considered in Red Flag Proceedings

Courts consider a wide range of warning signs and evidence in red flag proceedings, including oral, written, or online threats of violence, statements about self-harm or harming others, mental health concerns, erratic behavior, and concerning posts or messages on social media.

Judges focus on evidence suggesting violent intentions or that the person’s mental state makes firearm possession dangerous. Even indirect warning signs, such as discussions of suicide, domestic turmoil, or a recent crisis, can support an order if the court believes a respondent is a significant risk.

What Should I Do if Law Enforcement Arrests Me for a Weapons Offense in NJ?

During or after an arrest:

• Stay silent and request an attorney immediately.
• Do not speak to law enforcement without an attorney present to protect your rights and avoid self-incrimination.
• Choose an attorney with experience in Cherry Hill weapons laws.
• Gather all evidence and witnesses’ contact information, and document any circumstances relevant to your defense.
• Comply with all court dates and legal instructions to avoid additional penalties.

How Can I Fight an Unlawful Possession of a Weapon Charge in NJ?

Every case is unique, and effective defense strategies depend on the specific facts. Strategies include:

• Challenging whether the weapon qualifies as prohibited under New Jersey law
• Possible violations of the Fourth Amendment concerning unlawful searches and seizures
• Disputing that you knowingly possessed the weapon, or whether it was under someone else’s control
• Asserting a lack of intent to use the weapon unlawfully.

A skilled criminal defense attorney can investigate facts, challenge evidence, negotiate with prosecutors, and ask for a dismissal or reduced charges where possible.

Can Lackey & Miller, LLC Help Me Avoid Jail Time for a Weapons Charge?

Yes. Lackey & Miller, LLC will thoroughly examine the evidence, challenge any unlawful searches or procedural errors, and may negotiate for reduced charges, entry into a pretrial intervention program, or even complete dismissal depending on the circumstances.

Can a First-time Offender Avoid Jail Time for Unlawful Possession of a Weapon in NJ?

Avoiding jail time is challenging due to the strict mandatory minimums, especially under the Graves Act for firearm offenses. Because of Cherry Hill’s strict gun laws, it is harder to avoid jail time for second-degree crimes, but those charged with lower offenses have a better chance for a plea deal. It is imperative to retain a criminal defense attorney who has experience in gun cases as soon as possible to seek alternatives such as probation, reduced charges, or parole eligibility.

What Are the Defenses for Unlawful Possession of a Weapon in NJ?

Though Cherry Hill has strict weapons laws, many potential defenses could allow you to defeat one of these charges, such as:

• Lack of knowledge: In scenarios where multiple individuals frequently inhabit a residence, even if not on a full-time basis, it is conceivable that a person may be unaware that someone else has concealed a firearm or another type of weapon on the premises. A weapon could remain concealed under a bed or within a closet for extended periods, during which an individual may remain entirely unaware of its presence.  A similar situation could arise in a motor vehicle, where you have a concealed weapon in a trunk and the driver is unaware of its presence, especially in a borrowed vehicle. Either scenario can lead to serious consequences if law enforcement discovers the weapons during a search.
• Illegal search: Irrespective of the evidence discovered during a search, if law enforcement officers enter a home or a vehicle without obtaining proper consent, a warrant, or a legally recognized exception to a warrant requirement, the evidence they collect may be subject to exclusion at trial. We understand the importance of upholding constitutional rights and ensuring that law enforcement obtains evidence legally. Each case is unique and fact-sensitive, and we will meticulously examine the circumstances of your case to determine if any constitutional violations occurred during the search.
• Lack of unlawful purpose: Many items, such as knives and baseball bats, have legitimate uses that are unrelated to criminal activity. In cases where law enforcement charges you with possession for an unlawful purpose, you may be able to demonstrate that you had the purported “weapon” for a lawful and legitimate reason and not for any criminal activity that may have occurred.
• Self-defense: In what is usually a tense situation, when police respond to a scene where someone used a weapon, their initial perspective might not accurately reflect the full context of the incident. If you were acting in self-defense, it is essential to have strong legal representation to gather the necessary evidence and present a clear picture of what actually happened. We understand the importance of establishing the truth and ensuring the court hears your side of the story in these circumstances. Our experienced attorneys will conduct a thorough investigation, gathering witness statements, surveillance footage, and any other relevant evidence to support your claim of self-defense.

As former prosecutors, our firm possesses a unique advantage in defending our clients. With our extensive experience on the other side of the courtroom, we can swiftly identify weaknesses in the cases brought against our clients and skillfully challenge any misleading, insufficient, or improperly collected evidence, and attack weaknesses in the cases brought against our clients.

Can You Expunge an Unlawful Weapon Possession Charge in Cherry Hill?

State laws govern expungement, which allows eligible individuals to request the removal or sealing of certain charges from public records under specific circumstances, such as no pending charges, time elapsed since conviction or sentence completion, and meeting statutory waiting periods.

Certain serious offenses or violent crimes may be ineligible for expungement. Consult with an experienced criminal defense attorney to evaluate their eligibility, understand the process, and prepare the necessary petitions for expungement.

Weapon Charges Can Be Serious. Let Our Cherry Hill Defense Team Protect You.

Lackey & Miller, LLC represents clients across Cherry Hill after arrest for crimes related to the alleged possession, sale, or use of a weapon. To discuss your case with a qualified attorney, please call 856-399-0089 or contact us online.