Trenton NJ Illegal Possession of an Assault Firearm Lawyers
With Offices in Trenton and Pennington, NJ
New Jersey weapons laws do not just govern handguns and other smaller firearms; they also cover assault firearms such as shotguns and rifles. Although New Jersey residents can own assault firearms, they must first obtain a license to do so. If you are caught in possession of a shotgun, a rifle, or another assault firearm, you must be prepared to provide proof that you are licensed to own the weapon and/or that the weapon is registered. A charge for illegal possession of an assault firearm can happen to anyone. For example, it is not uncommon for a person to inherit an assault firearm and then find themselves unknowingly in violation of the law when they fail to turn over the gun to law enforcement.
Kamensky Cohen & Riechelson is a highly respected law firm with more than 40 years of experience in New Jersey and Pennsylvania. Our criminal defense team has successfully defended numerous clients against weapons charges throughout Mercer County, NJ, including Lawrence, Princeton, and Hopewell. We understand that your freedom is at stake, so we will do everything possible to help you beat your charges and stay out of prison. Call KCR now to begin your defense.
Assault Firearm Charges in Mercer County NJ
N.J.S.A. 2C:39-5 governs the unlawful possession of an assault firearm in New Jersey. Anyone who has an assault firearm without a proper license is in violation of the law and is subject to significant penalties.
In order to legally obtain an assault weapon or a similar device, you must be issued a special license by a superior court judge. These licenses are extremely difficult to obtain and are only issued if the court finds that the public safety and welfare so require.
If you inherit an assault firearm from a deceased relative who was a registered owner of the weapon, you have just 90 days to transfer the weapon to someone else, render the weapon inoperable, or voluntarily surrender the weapon to NJ law enforcement.
What is an “Assault Firearm”?
An assault firearm is defined broadly to include: a semi-automatic shotgun with a magazine capacity exceeding 6 rounds, a pistol grip, or a folding stock; a semi-automatic rifle with a magazine capacity exceeding 15 rounds; and any part or combination of parts designed to convert a firearm into an assault firearm.
However, the statute does not just prohibit assault rifles that are listed in N.J.S.A. 2C:39-1w; the prohibition also applies to “substantially identical devices.” The “substantially identical” clause functions as a catch-all provision that allows NJ prosecutors to seek maximum penalties for all kinds of weapons that are not included in the assault firearms statute.
Penalties for Illegal Possession of an Assault Firearm in Princeton NJ
Illegal possession of an assault firearm is classified as a second degree felony. If you are convicted of this offense, you can be sentenced to 5–10 years in NJ State Prison.
The Graves Act applies to assault firearm convictions. This means that you will be required to serve a mandatory prison sentence, with a minimum period of parole ineligibility. In most cases, you will have to serve at least 3 years in NJ State Prison before you become eligible for parole.
Contact Hightstown NJ Assault Firearm Attorneys
Kamensky Cohen & Riechelson will protect your legal rights and help you win your assault firearm case. Call us today to discuss your charges with a member of our litigation team, or email us to schedule an in-person consultation at our offices in Pennington or Trenton.