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It’s still legal to purchase guns in America

Posted by Saul Steinberg | Feb 13, 2017 | 0 Comments

Many New Jersey residents own guns. In fact, data shows nearly two thirds of all adults own firearms. The Second Amendment protects your right bear arms. Now, if we're talking about carrying a concealed firearm in public, there are specific laws and regulations that govern such things. As long as you follow those, you can do it. Not everyone looking to buy a gun is familiar with the process to do so legally.

Where you buy the gun, from whom you buy it, and what particular type of gun you buy all bear significant impact on whether your purchase is legal. Just because you did everything you were supposed to do, doesn't guarantee a problem won't arise at some point. Many legal gun owners have faced weapons charges for various reasons in the past.

Let's start at the beginning

Whether you plan to use a gun for self defense, hunting or your new target-shooting hobby, you can't just walk into any establishment and buy one. The following facts are key to keeping gun purchases on the up and up:

  • If guns are being sold in a brick and mortar building, the store owner needs to have a valid license to sell firearms.
  • Licensing is carried out at the federal level, and there are currently more than 50,000 federally licensed firearms dealers in the nation.
  • Because of the 1993 Brady Handgun Violence Prevention Act, you need to pass a background check if you're buying a gun at one of the 50,000+ stores.
  • There are approximately 100 gun shows every week throughout the nation. These shows typically feature both federally licensed gun dealers and private collectors who buy, sell and trade firearms.

The law states that if your background check lasts more than three days, the purchase may proceed. Also, if you want to give your son or spouse a firearm or sell one to your neighbor, that's okay. Of course, some guns and components used to manufacture guns are always illegal, no matter what. If authorities believe you have somehow been involved in buying or selling illegal firearms, you could be in for a lot of trouble.

Overcoming legal obstacles regarding firearms

If you've been charged with illegal firearms trafficking in New Jersey, you're probably wondering if there's any way to avoid conviction. In such situations, it often helps to discuss the case with a criminal defense attorney who has successfully defended others in similar situations. Even though you have the right to own or sell a gun (provided you do so legally), fighting charges in court is often a challenge best left to those who have a keen understanding of state and federal laws and plenty of courtroom experience.

About the Author

Saul Steinberg

Saul J. Steinberg was born and raised in Camden, NJ. He has practiced in Camden County since first being admitted to the bar. Since 1990, he has also handled cases in Southeastern Pennsylvania.The emphasis of Saul's practice is in Criminal and Civil litigation. He has handled major criminal and c...

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