If you have been charged with illegal possession of guns or other weapons in New Jersey, you could be facing jail time as well as a fine. A conviction of some weapons charges in New Jersey carries a mandatory prison sentence. The use of a gun or another weapon in the commission of a crime can lead to an even harsher sentence.
If you are a New Jersey resident who owns guns and other weapons, such as knives, it is important for you to understand the law. Charges for illegal weapon possession in New Jersey are indictable crimes. They are filed as a second-degree crime, third-degree crime, or fourth-degree crime, each of which is punishable by jail or prison time.
Anyone facing gun charges or other illegal firearm possession charges in New Jersey should engage an experienced criminal defense attorney as soon as possible. At The Law Offices of Jonathan F. Marshall, our criminal defense lawyers have extensive experience defending clients facing a wide range of New Jersey weapons offenses. Call us today for a free consultation.
What Are New Jersey’s Weapon Possession Laws?
New Jersey’s basic charge of illegal possession of a weapon is found in the New Jersey criminal code at N.J.S.A. 2C:39-5, Unlawful possession of weapons. This statute makes it illegal to knowingly possess various firearms unless you have a license, permit, or a Firearms Purchaser Identification Card (FPIC).
Unlawful Possession of a Handgun:
Unlawful possession of a handgun (without a permit to carry it) is a second-degree offense. Unlawful possession of a shotgun or other rifle without an FPIC is a third-degree offense, punishable by up to 5 years in prison and a fine of up to $15,000.
Possession of machine guns or any instrument or device adaptable for use as a machine gun without a license is a second-degree offense punishable upon conviction by 5 to 10 years in prison and a fine of up to $150,000. Possession of an assault rifle, such as an AK-47, is a second-degree offense unless the individual is licensed or the weapon is registered or rendered inoperable.
Unlawful Possession of a Weapon for an Unlawful Purpose:
Any person who knowingly possesses any weapon under circumstances not manifestly appropriate for lawful uses may be charged with a fourth-degree offense of illegal firearm possession. A fourth-degree offense is punishable by 18 months in a New Jersey state prison and a fine of up to $10,000.
Unlawful Possession of an Illegal Weapon:
Under N.J.S.A. 2C:39-3, several weapons and devices are prohibited, including:
- Destructive devices designed to explode, such as a bomb, mine, grenade, Molotov cocktail, explosive rockets, or weapon other than a shotgun capable of firing a projectile of greater than 60 caliber
- Sawed-off shotguns
- Silencers
- Defaced firearms
- Dum-dum or armor-piercing ammunition
- Possession of a prohibited weapon or device is a third- or fourth-degree offense.
The elements of unlawful possession of a weapon, which must be proven to gain a conviction, are:
- Existence of a weapon
- Knowledge of the nature and character of the instrument by the defendant
- Possession by the defendant
- Lack of license, permit, or purchaser ID
- Circumstances demonstrating that the object was not appropriate for lawful use.
Permits and Licenses for Weapons in New Jersey
Before buying a firearm in New Jersey, a prospective purchaser must obtain either a permit to purchase a handgun or a Firearms Purchaser Identification Card (FPIC), which allows unlimited rifle and shotgun purchases. These are obtained from local police or the New Jersey State Police.
Both permits require the applicant to undergo a background check and waive confidentiality relating to any institutional confinement for a mental or psychiatric condition. The applicant must also complete an approved course in the lawful and safe handling and storage of firearms.
Unless there are reasons to deny a permit or FPIC, such as a criminal conviction, the application should be approved unless the person is known in the community as someone who has engaged in acts or made statements suggesting the person is likely to engage in conduct that would pose a danger to self or others (N.J.S.A. 2C:58-3(c)).
Obtaining a machine gun or assault rifle license requires filing a written application with the county superior court where the prospective licensee lives that explains in detail why the applicant wants the license. The county prosecutor’s office will investigate and make a recommendation. According to the law, “No license shall be issued unless the court finds that the public safety and welfare so require” (N.J.S.A. 2C:58-5b).
Additional Illegal Weapon Possession Charges in New Jersey
New Jersey gun laws also prescribe criminal charges for possessing a weapon under certain circumstances:
- Unlawful possession of any firearm at a school, college, university, or other educational institution without authorization is a third-degree offense (N.J.S.A. 2C:39-5e(1)).
- Possession of weapons for unlawful purposes is a second-degree offense if it involves a firearm, explosives, or any destructive devices (N.J.S.A. 2C:39-4).
- Possessing a firearm while trafficking, manufacturing, distributing, or dispensing various illicit drugs is a second-degree offense (N.J.S.A. 2C:39-4.1).
- Burglary is typically a third-degree crime but becomes a second-degree offense if the defendant is armed with or displays what appears to be explosives or a deadly weapon (N.J.S.A. 2C:18-2).
- Gun possession or using a deadly weapon while committing assault elevates the crime to aggravated assault (N.J.S.A. 2C:12-1). Depending on the circumstances, aggravated assault may be charged as a fourth- to second-degree offense.
A Graves Act offense requires a minimum prison sentence for most gun offenses and includes a specified period with no eligibility for parole (N.J.S.A. 2C:43-6(c)).
Contact Jonathan F. Marshall for a Free Consultation Now
There are several strategies for fighting charges for illegal weapon possession in New Jersey. An experienced New Jersey defense attorney at The Law Offices of Jonathan F. Marshall can review the illegal weapon charges you are facing and develop an effective defense strategy to fight for your freedom. New Jersey offers probationary programs to first-time offenders who have no violence associated with their cases, as well as diversionary programs for qualifying defendants who face weapon or gun charges in N.J. and are serious about changing their lifestyles.
Our seasoned attorneys at our New Jersey law firm can provide legal representation and advocacy that gives you a reason to be optimistic if you or someone you love faces charges for illegal weapon possession in New Jersey. Contact us today at 855-927-0372 or online for a free consultation.
