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Discussion Starter #1
My husband was recently arrested for Unlawful Possession of a Firearm (2C:39-5B) in Middlesex County this past Thursday. Has anyone on this forum been through this charge? Any recommendation of an attorney?

My husband has a license to own his gun. He unfortunately was traveling in his vehicle with his Glock in an unlocked gun case located on the floor of the passenger side - it was unloaded. The ammo was located in a sealed box in the locked glove compartment which is also located on the passenger side. He was pulled over as his license showed up being suspended which is another case of the town courts screwing up...he was also asked to sign a waiver at the time of the traffic stop if he is agreeable to the officers searching his vehicle after he told them about the Glock being in the vehicle. Bail was set at $25,000 - 10% was paid to get him out of county jail. We are pending a court date and need a lawyer ASAP.

We are expecting our first child March 4th and should he go to jail we'd lose our home and everything we worked for - Anyone with any input would be greatly appreciated.
 

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Middlesex County, in the Commonwealth of Massachusetts
Middlesex County is a county located in Central New Jersey
Middlesex County Virginia
????
 

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Discussion Starter #5
We've been doing searches - just wanted to post this thread and ask if anyone personally has been through this situation and know a lawyer that has been successful with such cases. We've reached out to Nappen - charges $20K which is about 3x more then every other attorney we've been speaking to.

Thanks for your input!
 

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Since these are criminal weapon charges he should rely on a public defender
if you do not have the funds.

There is no magic bullet of going to a web forum and asking how to handle a case of
not obeying weapon laws.

And while I am at it, consider yourself fortunate indeed, that the weapon was not used
in any defensive act, for if it cannot be transported legally within your jurisdiction, you and
he obviously have no possible fathom of the liabilities and costs to have been incurred.


Sorry if I seem tert..and I hope you do OK...but with all my family is going through at this
time concerning basic survival, someone who cannot obey firearm law is low on
my gauge.
 

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Pissed Old Lady
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Pissed Old Lady
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Oh let us know how it goes...

Again, best of luck!
 

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Discussion Starter #9
Thank you everyone. We have funds to pay for an attorney...the $20K that Nappen is charging would put a huge dent in our savings and, should we not be able to keep him out of jail, we'd definitely lose everything we worked so hard for. We are well aware that his situation could have been much worse and that should his vehicle been broken into and his Glock in someone else's hands that would be an event we would never forgive ourselves for. Being a budding family I understand and respect your posts.
 

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Sorry to hear that your constatutional rights have been infringed upon!

You are not considered low an any scale by the real American people! Just by those who think because they obey unconstitutional laws that you are somehow inferior.

Fact is we should have started revolting A long time ago so that we can be free americans again!

As I told the poster..I wish them luck and success..


I fought to protect the Constitution of the U.S. ..and it clearly stipulates the right to
have and keep and bear arms. It also even more clearly stipulates as to each
state's right and responsibility to regulate as to wearing, and carrying and transporting
arms and on and on..

I cannot and will not condone or support or advise established law refusal and ignorance
of such. I also cannot and will not support idle anarchy to our laws as established by
legal means. There is indeed, tried and still trusted means as provided within each
state and our Republic to challenge and strike laws as deemed unlawful or unpopular.

"Self" choosing as to which laws to follow is pure cannon fodder for those monitoring
these and all such forums and vehicles of consolidated speech.

Legal advice for an unknown circumstance and charges is cosmetic and possibly
comforting...but asinine..especially on a firearm forum/blog....especially right now.




My opinion, yours and others may differ.
 

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True 1shot, but hopefully things will work out for what looks to be a small family. I don't know the laws in NJ, other than they are crazy. I think if they contact the NRA legal defense fund, they may get some assistance.

In Idaho, without a carry permit, you would have to have your firearm on the dash of your car so it's visible. In Kentucky, you can keep it in your glove box or console as I understand. But it is up to each of us to make certain we are following the law(s) in our perspective states.
 

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For fear of being rough or condescending, I also indeed wish (again) the best
for the entire family.

I don't want to come off as being "glass houses" because I live in a state where any
otherwise legal citizen can have and possess a legal weapon in any owned vehicle
under their control...with stipulation being only "out of sight" , carry permit or not..

But if one is where it must be "locked"...then...I don't know...if the judge looks
down and asks "was it locked ? "...then that's it....a lawyer is needed..but I don't see
the specifics of a "gun lawyer"...etc...as much as a qualified general experienced
criminal lawyer....this seems (to me) not much different than defending an open
container...or other contraband or similar misdemeanor or possible felony charges...

So, indeed, success wished from here anyway....and if anyone does indeed have
knowledge or a how they or a relative or a friend or a lawyer handled such a
weapons violation, then by all means PM (private message) the original poster and
help them out.


regards,

1shot
 

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Best advice is to move out from New Jersey to the United States.

Alan
 
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All gun laws should be constructed as to prevent criminal action with a gun and should not be designed or enforced to simply ensnare otherwise law-abiding citizens. Although it seems that in this case that no criminal intent was involved (meaning a criminal use of the gun), the law of New Jersey was clearly transgressed. I hope for the sake of the OP and her husband that the courts will take this issue of "intent" into account and consider all the facts in coming to any verdict rendered and offer leniency. However, this is a lesson to all of us to know your state laws, abide by them, and petition for changes in laws that you feel are unfair, overly burdensome, or infringe upon our 2nd Amendment rights. That said, I support 1shot's opinion on this..
 

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All gun laws should be constructed as to prevent criminal action with a gun and should not be designed or enforced to simply ensnare otherwise law-abiding citizens. Although it seems that in this case that no criminal intent was involved (meaning a criminal use of the gun), the law of New Jersey was clearly transgressed. I hope for the sake of the OP and her husband that the courts will take this issue of "intent" into account and consider all the facts in coming to any verdict rendered and offer leniency. However, this is a lesson to all of us to know your state laws, abide by them, and petition for changes in laws that you feel are unfair, overly burdensome, or infringe upon our 2nd Amendment rights. That said, I support 1shot's opinion on this..
Thank you pardner..and hopefully a lawyer can indeed handle it to a good outcome
for them.


As I said...it may be legal for me as a Texas citizen (CHL or not ) to keep a weapon
"out of sight" in a vehicle I own and under my control. But as example shown...if
my "license to drive" is suspended or problem wrought....then..I am not properly or
legally controlling the vehicle "on the mans highway"..as that is only place a drivers
license is needed...etc...or...if I'm drowsy from a prescription legally taken...as pointed
out by the Troopers during our CHL teachings or as I learned as a reserve LEO
years ago....then...from the label that says "dont drive/machinery until " etc...you
have abused the prescription...etc....

Yes...just a rack up of crap that starts from a simple stop on the road...but as i simply
wanted to say originally.//is all within scope of just getting a legal counsel...and
I just don't see much more advice to be given on an open forum.
 
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