Highly Skilled Former Prosecutors at Our NJ Criminal Defense Firm Are Ready To Defend Your Defaced Firearm, High Capacity Magazine, Hollow Nose Ammunition or Other Prohibited Weapons Charge
N.J.S.A. 2C:39-3 outlines weapons that are prohibited in New Jersey. These items are illegal whether possession is for an unlawful purpose or you have a bona fide lawful reason for having the weapon. Failure to abide by this edict results in a felony criminal offense that exposes an individual to years in prison in almost all cases. This is the chief reason why someone charged with possessing a prohibited weapon like a defaced firearm, high capacity magazine, hollow tip or armor penetrating bullets, assault rifle, sawed off shotgun or another item set forth in 2C:39-3 needs to hire a talented criminal defense lawyer.
The attorneys at our firm, the Law Offices Jonathan F. Marshall, have the attributes needed to provide you maximum protection against a conviction. We can offer you:
- Over 200 years of combined experience representing clients arrested for possession of a high capacity magazine, defaced firearm, handcuffs, destructive devices (e.g. explosives), brass knuckles or another prohibited weapon
- Ten lawyers that specialize exclusively in defending individuals accused of violating the law
- Former prosecutors who have served as Director of the Guns Task Force, Major Crimes and an entire Trial Division
- Certified criminal trial attorneys
- A long and rich history of acquittals, dismissals and other favorable outcomes in weapon cases like yours
Our lawyers clearly have a thorough knowledge of the law and will provide you with the defense you deserve. Give us a call anytime 24/7 to speak to a lawyer about exactly how we can help you if you are facing a complaint or indictment for possession of a prohibited weapon, for example, an assault rifle, defaced firearm or large capacity magazine. An attorney is available now at 855-450-8310.
Charged With Possession of a Prohibited Weapon? This Is What You Need To Know About This New Jersey Criminal Charge.
New Jersey has outlawed certain weapons from ownership or possession. The following are the items barred under NJ law:
- Destructive Devices: this term is defined to not only include explosives but any device, instrument or object designed to explode or produce uncontrolled combustion. This includes any explosive, or incendiary bomb, mine or grenade; any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one quarter of an ounce, any weapon capable of firing a projectile of a caliber greater than.60 caliber except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited. Any device manufactured for the purpose of illumination, distress signaling, line-throwing safety or similar purposes is not a destructive device.
- Sawed Off Shotgun: means a shotgun with a barrel of less than eighteen inches in length or a rifle with a barrel less than sixteen inches. This prohibition also applies to any firearm that is less than twenty six inches in overall length that was created from a shotgun or rifle.
- Silencers
- Defaced Firearm: removed, altered or destroyed maker, model designation, manufacturer’s serial number, or any other distinguishing identification mark or number on any firearm. This offense is almost always crops up as a companion charge to unlawful possession of a handgun.
- Hollow Tip & Body Armor Penetrating Bullets: body armor breaching or penetrating ammunition have three characteristics. The ammunition is primarily designed for use in a handgun; the ammunition is comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B Hardness scale and finally the ammunition must be capable of breaching or penetrating body arm. This charge also arises most often as a collateral offense to a handgun possession charge.
- Large Capacity Magazines: this is defined as any container or other chamber that is capable of providing fifteen rounds of ammunition continuously and directly to a semi-automatic firearm. As in the case of many of the other illegal/prohibited weapons charges, this violation is likely to occur in the context of an illegal firearm offense, particularly one involving a handgun.
- Assault Firearms & Assault Rifles
- Body Vests
- Other Prohibited Items: gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, brass knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades embedded in wood, ballistic knife.
Penalties Under N.J.S.A. 2C:39-3
The extent of the fines, jail and other punishment for owning or possessing a weapon prohibited by law depends on the type of weapon or device.
Disorderly Persons Offense. It is a disorderly persons offense for a person to have in his possession handcuffs under circumstances not manifestly appropriate for such lawful uses. A disorderly persons offense is punishable by up to 6 months in jail.
Fourth Degree Crime. Possession of a gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckles, brass knuckles, sandclub, slingshot or similar leather band studded with metal filings or razor blades embedded in wood ballistic knife without an explainable lawful purpose is a fourth degree crime. If you possess a different type of knife other than the ones listed, even if it is dangerous or could be used unlawfully, it is not an offense under this section. Other fourth degree crimes are possession of a defaced firearm, silencer, armor piercing or dum-dum ammo, stun gun and large capacity ammunition magazines. A conviction of a fourth degree crime imposes a sentence of up to 18 months in prison.
Third Degree Crime. It is a crime of the third degree for any person to knowingly have in his possession any destructive device. It is also a third degree crime for any person to knowingly be in possession of a sawed off shotgun.
Over Sixty Years Experience & Former Prosecutors
If you have been charged with possession of a weapon under 2C:39-3, it is imperative that you retain the services of a qualified defense attorney. These types of cases are usually vigorously pursued by prosecutors so having an accomplished lawyer at your side is extremely important. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, possess collective experience spanning many decades with countless stories of success achieved on behalf of clients like you. If you would like more information about a weapons offense, or how we can assist you, give us a call at 855-450-8310 to speak to one of our lawyers immediately. The consultation is free.
