Illegal Possession of Imitation Firearms

Pennington NJ Illegal Possession of Imitation Firearms Lawyer

With Offices in Trenton and Pennington, New Jersey

New Jersey weapons laws include some of the toughest gun laws in the entire country. New Jersey does not just regulate firearms like handguns, machine guns, rifles, and shotguns; the state also heavily regulates the possession of imitation firearms like BB guns, Airsoft guns, and pellet guns. Many people do not realize that they can be charged with a gun possession offense simply because they have a replica or toy gun. In fact, NJ law often treats imitation firearms no differently than it treats actual guns.

The criminal defense lawyers at Kamensky Cohen & Riechelson have more than 40 years of experience handling weapons cases in New Jersey and Pennsylvania. In fact, our litigation team has successfully represented countless clients throughout Mercer County, including Pennington, Lawrence, and Ewing. Additionally, our legal team includes a New Jersey Certified Trial Attorney and an attorney who has been selected for inclusion in the prestigious New Jersey “Super Lawyers.” These are credentials you can count on when we fight for you in court. Call KCR today to discuss your case and begin your defense.

Imitation Firearms Charges in Mercer County NJ

Federal laws make a distinction between imitation firearms and actual guns because air guns do not use an explosive to expel a projectile; however, New Jersey laws consider these imitation firearms to be “firearms” along the same lines as machine guns or shotguns.

NJ law defines an imitation firearm as any object or device reasonably capable of being mistaken for a firearm. These regulated weapons include:

  • Airsoft Guns or Air Gun Pistols: Airsoft guns are capable of shooting projectiles. As a result, N.J.S.A. 2C:58-4 requires anyone wishing to possess, carry, or transport an Airsoft gun to first obtain a valid permit.
  • BB Rifles or Pellet Rifles: Although BB rifles are considered firearms under NJ law, you do not need a firearms purchaser ID card to purchase a BB rifle or pellet rifle because they are not considered actual “rifles.” Nonetheless, you can still be charged with Possession of an Imitation Firearm for an Unlawful Purpose if you possess a BB rifle under certain circumstances that suggest criminal intent.
  • Paintball Guns: Although paintball guns are not classified as “weapons” under NJ law, they are considered “weapons” because they can be used to inflict serious bodily injury. As a result, you can still face charges for Possession of a Weapon for an Unlawful Purpose if you have the paintball gun and intend to use it in an illegal manner.

Additionally, if you carry a BB gun or an Airsoft gun in certain places, you may face additional charges. For example, NJ law prohibits anyone from carrying these imitation firearms on the grounds of an educational institution.

Related Charge: Possession of a Weapon for an Unlawful Purpose in Trenton NJ

If you present an imitation firearm under circumstances that would lead a reasonable observer to believe that you possessed it for an unlawful purpose, you can face additional charges of Possession of a Weapon for an Unlawful Purpose. In these instances, NJ law enforcement and prosecutors will treat the possession of a toy or replica firearm no differently than the possession of an actual handgun. A conviction for this charge can result in a sentence of up to 18 months in New Jersey State Prison.

One of the most obvious examples of possessing an imitation firearm for an unlawful purpose is when a person uses a toy or replica gun during the commission of a robbery. When this happens, not only will the offender likely be charged with Possession of a Weapon for an Unlawful Purpose because the toy gun is treated like a real gun; the offender might also be subject to enhanced penalties for Armed Robbery.

Contact Hamilton NJ Airsoft Gun Attorneys

Kamensky Cohen & Riechelson is prepared to assist you with your weapons possession charges. If you have been accused of unlawfully possessing an Airsoft gun, a BB gun, or a pellet gun, call us today to discuss your case. You can also email us to schedule a free, no-obligation consultation at our offices in Trenton or Pennington.

Contact Kamensky Cohen & Riechelson

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