Arrested on a New Jersey Gun/Firearms/Weapon Charge?
Possession of Weapons/Firearms/Guns charges are treated very
seriously under New Jersey law. You could be facing serious jail time.
There are two distinct types of weapon charges under the New Jersey
Criminal Statues: Possession of Weapons for Unlawful Purposes, and
Unlawful Possession of Weapons.
Possession of Weapons for Unlawful Purposes is
having a gun, firearm or weapon in order to use it unlawfully against a
person or property, such as in the commission of a crime.
Unlawful Possession of Weapons is simply having a
gun or weapon without the legal right to do so, such as a firearm that
is illegal to own, or a gun that you don't have the necessary permit or
Firearms ID card.
All NJ weapons charges need to be taken very seriously. The earlier
you talk to a lawyer and prepare a strong defense, the better chance
you'll have of fighting the charges.
Penalties for Firearms Possession in New Jersey
Penalties for Possession of weapons for unlawful purposes
(N.J.S. 2C:39-4) are as follows:
| Charge or Weapon |
Crime |
Penalty |
| Firearm, gun, explosive, or destructive
device |
2nd Degree Crime |
Maximum of 10 Years in Prison |
| Other Weapons |
3rd Degree Crime |
Maximum of 5 Years in Prison |
| Imitation Firearm / Gun |
4th Degree Crime |
Maximum of 18 Months in Prison |
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Penalties for Unlawful Possession of Weapons (N.J.S.
2C:39-5) are as follows:
| Charge or Weapon |
Crime |
Penalty |
| Possession of a Machine Gun, a Handgun without
a Permit, a Rifle
without a Firearms Identification Card (FID), or a Loaded Rifle or
Shotgun |
3rd Degree Crime |
Maximum of 5 Years in Prison |
| Other Weapons |
4th Degree Crime |
Maximum of 18 Months in Prison |
| Possession of a Firearm or Weapon on the
grounds of a school (irrespective of legal permits) |
4th Degree Crime |
Maximum of 18 Months in Prison |
Defense Strategies for NJ Weapons Possession Charges
There are some strong legal defenses against gun possession
charges. I may want to challenge the search that found the weapon as
illegal. Other defenses really depend on the specific facts of the
case.
Please call me for a confidential, free legal consultation at
(732) 625-9660.
When you tell me about your case, I'll suggest how we might fight the
charges and what I can do to help.
I've helped many people just like you accused of criminal charges in
New Jersey. If you are facing a gun or firearms possession charge, call or email
me for a free consultation now. I'll let you know exactly
what I can do to help.
Sincerely,
Matthew Reisig, Attorney at Law
(732) 625-9660
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References:
New Jersey
Firearms info
N.J.S. 2C:39 - New Jersey Gun Laws
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