Contact Our Camden NJ Criminal Defense Firm To Speak To One Of Our Former County Prosecutors & Highly Skilled Lawyers About Your Unlawful Possession of a Weapon Charge
A conviction for unlawful possession of a weapon in New Jersey subjects a person to very serious penalties. This is particularly true if the weapon is a firearm. You are exposed to a felony criminal record and a long prison term in the event that you plead guilty or are otherwise convicted for violating N.J.S.A. 2C:39-5. This is why if you have been charged with illegal possession of a weapon, you will need a talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The attorneys at the Law Offices of Jonathan F. Marshall have tremendous success handling weapons offenses in Camden County including Cherry Hill, Gloucester Township, the City of Camden, Pennsauken and Lindenwold. Our unique qualifications are certainly impressive with:
- Over 200 years of combined experience defending handgun and other unlawful possession charges in the county
- A team of ten (10) lawyers that concentration 100% in the area of defense
- Former county prosecutors that have served as Director of the Guns Task Force, Major Crimes and even an entire Trial Division
- Certified criminal trial attorneys, a distinction held by less than 2% of those licensed in New Jersey
If you have been charged with unlawful possession of a weapon, having an attorney who knows what it takes to win your case is essential. This is precisely what you achieve when you hire our firm. To reach a lawyer immediately for a free initial consultation, call (856) 288-3350.
Our firm, the Law Offices of Jonathan F. Marshall, 121 Market Street, Suite 201, Camden NJ, defends 2C:39-5 (“unlawful possession of a weapon”) charges throughout Camden County, including clients arrested in Gloucester Township, Camden, Pennsauken, Lindenwold, Cherry Hill, Haddon Heights, Collingswood, Berlin, Haddonfield, Belmawr and Gloucester City New Jersey
Unlawful Possession of a Weapon in New Jersey
In New Jersey, unlawful possession of a weapon is codified under N.J.S.A. 2C:39-5. Subsections (a), (b), (c), (d) and (f) outline the unlawful possession law for different types of weapons. The remainder of the statute is directed at penalties and special considerations when a weapon is possessed at an educational institution. The specific language of the law is as follows:
a. Machine guns: Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so is guilty of a crime of the second degree.
b. Handguns: Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.
c. Rifles and Shotguns:
- Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card is guilty of a crime of the third degree.
- Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.
d. Other weapons: Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.
e. Firearms or other weapons in educational institutions:
- Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.
- Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.A. 2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.A. 2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.
- Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.
f. Assault Firearms: Any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed, registered or rendered inoperable.
h. A person who is convicted of a crime under subsection a., b. or f. of this section shall be ineligible for participation in any program of intensive supervision; provided, however, that this provision shall not apply to a crime under subsection b. involving only a handgun which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
i. A person convicted of violating subsection a., b. or f. of this section shall be sentenced by the court to a term of imprisonment, which shall include the imposition of a minimum term during which the defendant shall be ineligible for parole, if the court finds that the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.A. 2C:44-1 (“Organized Criminal Activity”) applies.
Unlawful Possession of a Weapon Penalties in New Jersey
The most severe penalties under 2C:39-5 are imposed when someone is charged with second degree unlawful possession of a weapon. This arise where the charge involves unlawful possession of a handgun (other than a BB or Pellet type weapon) or possession of a machine gun or an assault firearm. Third degree unlawful of a weapon is triggered where the item possessed is spring or air fired weapon that ejects a BB or pellet, rifle or shotgun, or where possession is at an educational institution. The penalties for each grade of unlawful possession are: :
- Unlawful possession of a weapon in the second degree carries a prison sentence of 5 to 10 years and a fine of up to $150,000.
- Unlawful possession of a weapon in the third degree results in 3 to 5 years of imprisonment and a fine that can reach $15,000.
- Unlawful possession of a weapon in the fourth degree can land you in state prison for as much as 18 months and result in your being fined $10,000.
- Unlawful possession of a weapon as a disorderly persons offense can carry a sentence of up to 6 months in the county jail and a $1,000 fine.
Note: Sections (a), (b), (c), of this statute are included under New Jersey’s “Graves Act.” This means if convicted of one of these crimes, you MUST be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater.
Camden Unlawful Possession of a Weapon Lawyer
Jonathan F. Marshall and his team of experienced criminal lawyers are always available to discuss new cases and to provide insight as to effective strategies for defending the charge. So do hesitate to contact our Camden Office anytime 24/7 at (856) 288-3350 to discuss your weapon offense with an attorney at our firm. Initial consultations are always free so there is no reason to hesitate in taking advantage of the opportunity to discuss your matter.
