Unlawful Possession of Weapons
In New Jersey, Unlawful Possession of Weapons is governed by New Jersey statute 2C:39-5. Under the law, any person who knowingly has in his or her possession a machine gun, is guilty of a crime of the second degree. There is an exception to this law that states it is not a crime to possess a machine gun if the person is properly licensed pursuant to New Jersey statute 2C:58-5.
It is also illegal for an individual to possess a handgun, including an antique handgun without first obtaining a permit to carry a handgun pursuant to New Jersey statute 2C:58-4. If an individual does not have a permit as required by this New Jersey statute, and has in his or her possession a handgun, the individual will be guilty of a crime of the second degree. A second degree crime carries a state prison sentence between five and ten years upon conviction. Under the graves act, a period of parole ineligibility may also be part of the sentence. Parole ineligibility means that the individual will not be eligible for parole until they serve a specific minimum amount to time in prison.
Additionally, it is illegal to possess rifles and shotguns without first obtaining a firearms purchaser identification card which is required under this statute and statute 2C:58-3. If an individual is in possession of a rifle or shotgun without having first obtained a firearms purchaser ID card, they will be guilty of a crime of the third degree. Upon conviction, they could be sentenced to between three and five years in a New Jersey state prison, county jail and probation, community service and fines.
The specific penalties an individual faces and whether they are violating the law if specific to each individual case and the specific facts and circumstances of that particular case. If you or someone you know would like to speak to one of our attorneys about an unlawful possession of weapons case call our law firm 24 hours a day 7 days a week. Our attorneys are aggressive criminal defense lawyers who have handled unlawful possession of weapons cases throughout the state of New Jersey. In fact, our attorneys have successfully handled multiple unlawful possession of weapons cases in many counties throughout New Jersey. We offer a free consultation on all unlawful possession of weapons cases. Our attorneys are former prosecutors with significant trial experience. Call us today. We can help.