Typical holding period for unregistered handgun

[biglemon]

I'm trying to find out what the typical amount of time a person would be held were they to be arrested for possession of an unregistered handgun as well as illegal ammunition (hollow point bullets) in the State of New Jersey. I ask because of recent domestic dispute in which a person was arrested under these charges, yet was released within 2 hours of the arrest. I am very confident a bail was NOT set. Is this typical for someone arrested with these charges? Thanks for your help.

 

[FlyingRon]

It's not required to hold them at all. They don't have to be jailed to be charged with a crime.

 

[biglemon]

right.. but what would be typical procedure for someone arrested under these circumstances. Domestic dispute, gun involved, unregistered firearm, illegal ammunition.

 

[FlyingRon]

Long enough to assure the identity of the alleged violator and secure the evidence. What makes you think they need to be in the slammer.

There's no such thing as "failure to register a handgun" in New Jersey. Typically firearms violators aren't held at all unless there is some other crime. Is there any sort of restraining order involved here?

 

[biglemon]

To answer your question, I think he should be in the slammer because the guys a real jerk! Unfortunately, no restraining order though. Just the fact that there was a history of domestic violence, and this time, a gun was involved, an unlicensed, loaded pistol with hollow point bullets. I just figured there would be some sort of bail set.

 

[FlyingRon]

Being a jerk isn't a crime.

There's no requirement to register handguns in New Jersey.
If the hollow point bullets were not in the gun being, then they that
wasn't a crime either.

Perhaps he wasn't held because he wasn't charged because he did
nothing wrong?

 

[biglemon]

The hollow point bullets were in the gun. He was arrested, and was charged. I know New Jersey requires you to have a pistol permit for all handguns.

 

[CdwJava]

Title 13 Chapter 54 does not prohibit "hollow point" rounds. It requires dealers to record the sales of "hollow nose" rounds, however. But, they do no appear to be prohibited.

As for the firearm, all that appears to be required is a "permit" that allows one to purchase a firearm as well as a firearm identification card. It could be that he HAD those items, and that it was a permit to possess and/or purchase a handgun.

It may also be that any offenses alleged were misdemeanors or NJ's equivalent low level offense, and did not require bail prior to release on a signed promise to appear. Some states (like mine) make possession of a loaded and concealed handgun a citable offense ... (just don't get caught with a concealed knife out here! Whooo boy!)

If you really want to know what's up, call the police department that arrested him. or, call the jail that held and then released him - see what they can tell you. No one here can give you a certain answer because no one here knows the circumstances or the specific crime(s) alleged.

- Carl

 

[FlyingRon]

As for the firearm, all that appears to be required is a "permit" that allows one to purchase a firearm as well as a firearm identification card. It could be that he HAD those items, and that it was a permit to possess and/or purchase a handgun.

Possession does not require the permit or the ID card.

Yes, I greatly simplified the NJ hollow point law (trying to match the OP's point of view). NJ is the only state that even tries to regulate these things and the regulation is fairly minimal. Just mere possession of the bullets isn't illegal.