Accomplished NJ Weapon Defense Lawyers With Decades of Experience Handling BB, Pellet, Airsoft and Other Recreational Firearm Offenses
The classic BB gun has been part of our culture for decades and now there is the advent of paintball guns and, more recently, airsoft guns. Air and spring loaded devices such as these are typically purchase for recreational purposes in seamless fashion without any need for a New Jersey handgun license or even firearms purchasers ID card. This can certainly create the impression that these types of devices are nothing more than a toy that need not be of concern. Unfortunately, this plainly is not the case. The reality is that while these devices can cause huge criminal problems since they are considered firearms under N.J.S.A. 2C:39-1f (i.e. definition includes firearms in the nature of a spring or air propelled device). An individual can be charged with unlawful possession of a weapon, possession of a weapon for an unlawful purpose and an assortment of other weapons charges given that this is the case. Hiring a talented attorney is therefore highly advisable when someone is arrested in this context.
The team of lawyers at the Law Offices of Jonathan F. Marshall specialize in the defense of those charged with a criminal offenses like the one you or your child is facing. Our credentials for success are extremely formidable and include:
- 200 years of combined experience defending criminal charges throughout the state
- Ten (10) years whose practice is limited exclusively to defending clients charged with violating the law
- Former county prosecutors that have served as Director of Major Crimes, the Gun Task Force, Juvenile Division & even an entire Trial Division
- Certified criminal trial attorneys on staff
- Decades of success representing clients arrested for possession, unlawful purpose and other recreational firearm charges
The pitfalls of a spring or aired fired weapon charge can be far more extensive than anyone might have anticipated when the related “firearm” was purchased. Selecting a defense lawyer who is adept in handling charges of this nature can be invaluable in ensuring that consequences are eliminated and/or minimized. This is precisely what the lawyers at our firm are ready to achieve on your behalf. Call us at 855-450-8310 for a free initial consultation anytime 24/7.
New Jersey Law: Possession of BB, Pellet Or Other Spring/Air Fired Weapons
Air gun and spring gun owners run into a lot legal trouble in NJ because the law views these mechanisms as “firearms”. It should also be noted that the state recently banned all semi-automatic air rifles so that their possession is illegal altogether. What is confusing to most individuals is how they can be charged with a serious weapon charge when they had the ability to purchase the firearm without any regulatory requirements. The unfairness of the situation is inescapable but, unfortunately, the law is sometimes blind in this regard. Indeed, someone can be charged with a criminal offense like possession of a handgun without a permit or possession of a firearm by a certain persons without any idea whatsoever that they were doing anything wrong or illegal. All of this stems from the fact that these devices are considered firearms under New Jersey’s definition.
- Unlawful Possession of a BB/Pellet/Airsoft Gun. It is a third degree crime for someone to possess a handgun that fires using compressed air, carbon dioxide or a spring without having obtained a handgun permit. The penalties for a third degree crime include up to 5 years in prison and a fine of up to $15,000. A period of parole ineligibility also applies under 2C:39-4 that requires an individual to serve a mandatory period of jail before they are even eligible to be released from jail.
- Possession of a BB/Pellet/Airsoft Gun for an Unlawful Purpose. It is a second degree crime to possess a firearm such as a BB gun or pellet gun for an unlawful purpose. The penalties for a second degree crime include 5-10 years in prison and a fine of up to $150,000.
- Certain Person Not To Possess a Weapon. A violation of N.J.S.A. 2C:39-7 for possessing this time of firearm is also a second degree crime if an individual is a certain person because of a prior violent crime conviction. It is a fourth degree crime when the status as a certain person is the result of a prior mental disorder. A fourth degree crime results in penalties that include up to 18 months in prison and a fine of up to $10,000.
- Possession of a Air or Spring Gun While Committed a CDS Offense. This violation results in a second degree crime under N.J.S.A. 2C:39-4.1.
- Prohibited Weapons That Fire A BB, Pellet or Similar Projectile. Since a gun that fires a BB, pellet or similar projectile is considered a firearm, it certainly stands to reason that one that is crafted in the form of an assault rifle would be illegal in the state.
- Possession of a BB/Pellet Handgun Without A Carry Permit. It is clear from State. v. Mieles, 199 N.J.Super. 29, 39 (App.Div.1985) that an individual must possess a handgun permit to carry a BB pistol since the device is considered a firearm and is the form of a handgun.
To make matters even worse, the No Early Release Act (NERA) applies when a paintball gun or other air device is used to commit a violent offense like aggravated assault or robbery. This provision of New Jersey Law mandates that an individual serve 85% of any jail term before they are eligible to be paroled.
Criminal Lawyers for BB Gun and Pellet Gun Possession in New Jersey
The defense attorneys at the Law Offices of Jonathan F. Marshall possess decades of experience defending those charged with BB gun and similar recreational weapon charges statewide. A lawyer from our firm is available 24/7 at 855-450-8310 to assist you. Do not hesitate to contact us if you are facing this type of offense anywhere in New Jersey. An attorney is available now to take your call.
