Unlawful Possession of a Weapon Charges Lawyer in New Jersey

New Jersey strictly controls the possession of firearms and other weapons. People who possess weapons without the appropriate licensing or for an unlawful purpose may face serious criminal charges.

If you were arrested and now face charges of unlawful possession of a weapon, turn to a criminal defense attorney from the Law Office of Jason A. Volet. They will provide dedicated legal advocacy to fight your charges and protect your reputation, freedom, and future. Contact us right away for a free consultation to discuss your case.

What Are the NJ Statutes for Unlawful Possession of a Weapon?

New Jersey’s statute for unlawful possession of a weapon (N.J. Stat. § 2C:39-5) makes it illegal for anyone to:

• Knowingly possess a machine gun, handgun, rifle, shotgun, or assault weapon without having first obtained a license, permit, or firearms purchaser identification card (FPIC)
• Knowingly possess any other weapon under circumstances not appropriate for lawful use
• Knowingly possess a firearm, weapon, or imitation firearm in a building or on the grounds of an educational institution without written authorization – regardless of whether they have a license to possess the firearm

Under N.J. Stat. § 2C:39-4, New Jersey also outlaws:

• Possessing a weapon for an unlawful purpose, including possessing a weapon or firearm while committing or attempting to commit various criminal offenses
• Possessing a firearm, explosive substance, destructive device, or weapon to use it unlawfully against another person or someone else’s property
• Possessing, receiving, or transferring a community gun used in criminal activity or against another person or someone else’s property
• Possessing an imitation firearm under circumstances that would lead another to believe they’re doing so for an unlawful purpose

Additionally, New Jersey law (N.J. Stat. § 2C:39-3) prohibits the possession of certain types of weapons under any circumstances, including:

• Destructive devices
• Sawed-off shotguns
• Silencers
• Defaced firearms
• Gravity knives
• Switchblades
• Daggers
• Stilettos
• Billy clubs
• Metal knuckles
• Sandclubs
• Slingshots
• Ballistic knives
• Armor piercing ammunition
• Stun guns
• Bump stocks
• Covert firearms
• Firearms without serial numbers

However, these restrictions do not apply to law enforcement officials, military personnel, or National Guard members while they are performing their duties.

What Is Considered Unlawful Possession?

A person commits unlawful possession of a weapon in New Jersey when they possess a weapon or firearm without holding the required license. Unlawful possession can also occur when someone possesses a weapon for an unlawful purpose. Possessing any weapon specifically prohibited under New Jersey law is unlawful possession, as well.

What Does New Jersey Consider a Weapon?

In New Jersey, a weapon can include any item that can cause serious bodily injury or property damage, including firearms, knives, bludgeoning objects, stun guns, or components that one can readily assemble into a weapon.

Are There Certain People Who Are Not Permitted to Own a Firearm?

Various categories of people may not obtain a license or lawfully own or possess a firearm in New Jersey, including:

• People with a prior indictable offense conviction
• People charged with or convicted of domestic violence, including disorderly persons offenses
• People under 18 who cannot apply for a firearms purchaser identification card
• People under 21 who cannot apply for a handgun permit
• People who have been committed to a hospital or other institution for a mental disorder
• People subject to or who have violated a restraining order
• People subject to an Extreme Risk Protective Order
• People who provide false information on their FPIC or handgun permit application

What Are the Penalties for Unlawful Possession of a Weapon in NJ?

Penalties for conviction of an unlawful weapons possession offense in New Jersey will depend on the grading of the charge:

• Fourth-Degree Crime – Up to 18 months in prison and a fine of up to $10,000
• Third-Degree Crime – 3 to 5 years in prison and a fine of up to $15,000
• Second-Degree Crime – 5 to 10 years in prison and a fine of up to $150,000

In addition, the Graves Act governs sentencing for weapons offenses in New Jersey. The law requires a minimum term of 42 months or one-half of the imposed sentence, whichever is greater. However, the minimum sentence is 18 months for a fourth-degree crime.

What Are Possible Defenses for Unlawful Possession of a Weapon Charges?

After an arrest for unlawfully possessing a weapon, you may have legal or factual defenses you might raise to fight your charges. A criminal defense attorney from the Law Office of Jason A. Volet can develop and argue defenses to a weapons offense, such as:

• Challenging the Legality of a Stop or Search – When your charges arise from a police stop and subsequent search, you might get evidence of the weapon excluded from the case by arguing that the police lacked reasonable suspicion of criminal activity to stop you or probable cause for a search.
• Miranda Violations – When the police question you after detaining or arresting you, they must advise you of your right to remain silent and have legal representation. If the police conduct a custodial interrogation without advising you of your rights, the court might exclude any incriminating statements you make.
• Lack of Possession – You might fight an unlawful weapons possession charge by proving that you did not have actual or constructive possession of the weapon.
• Lack of Intent – Many unlawful possession charges require the state to prove that you knowingly possessed the weapon. You might also contest a charge by proving that you had a license to possess the weapon or did not possess the weapon for an unlawful purpose.

Contact a New Jersey Unlawful Possession of a Weapon Charges Lawyer

Facing a charge of illegal possession of a weapon is a serious matter. Given the severe consequences associated with a conviction, you need strong legal representation to protect your rights and future. Contact the Law Office of Jason A. Volet today for a free, confidential consultation with a New Jersey unlawful possession of a weapon charges attorney to discuss your legal options. We’re here to help you contest your weapons charges and pursue a favorable resolution to your case.

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