Unlawful Disposition of a Firearm

Hamilton NJ Unlawful Disposition of a Firearm Lawyers

With Offices in Trenton and Pennington, New Jersey 

New Jersey weapons laws do not just apply to people who illegally possess firearms. You can actually be charged with a felony-level offense simply for disposing of a firearm in an inappropriate manner. It’s entirely possible that you thought you were doing the right thing by getting rid of your firearm. Unfortunately, NJ law imposes harsh penalties for unlawfully disposing of a firearm. New Jersey lawmakers imposed these severe restrictions on the disposition of firearms and other dangerous weapons as a matter of public safety; no one wants dangerous weapons falling into the wrong hands.

Kamensky Cohen & Riechelson is a well-respected law firm that has been serving clients in New Jersey and Pennsylvania since 1972. During that time, we have defended numerous clients against gun charges throughout Mercer County, NJ, including Hopewell Township, Trenton, and Ewing. Call KCR today to discuss your case and begin your defense.

Firearm Disposition Laws in Mercer County NJ

N.J.S.A. 2C:39-9 prohibits the unauthorized disposition of a firearm in New Jersey. The statute also covers the illegal manufacture, transport, shipping, and selling of firearms, firearm ammunition, and other weapons:

  • Machine Guns and Assault Firearms: Anyone who manufactures, causes to be manufactured, transports, ships, sells, or disposes of a machine gun or assault firearm without being registered or licensed to do so is in violation of the statute and can be charged with a felony-level offense.
  • Sawed-Off Shotguns: Sawed-off shotguns are also illegal in the State of New Jersey. As a result, anyone who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any sawed-off shotgun in New Jersey is also in violation of the statute.
  • Other Weapons: The scope of the statute actually goes beyond firearms to include the unlawful manufacture, transport, shipping, selling, or disposition of any weapon, including handguns, gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, leather bands studded with metal filings, and tear gas dispensers.
  • Defaced Firearms: Any person who defaces a firearm or knowingly buys, receives, disposes of, or conceals a defaced firearm is guilty of a felony-level offense. An exception to this charge is if the defaced firearm was an antique.
  • Firearm Silencers: Since firearm silencers are illegal in the State of New Jersey, anyone who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any firearm silencer in New Jersey is in violation of the law and can face significant penalties.
  • Ammunition Magazines: The statute also applies to weapon ammunition. If a person manufactures, causes to be manufactured, transports, ships, sells, or disposes of a large capacity ammunition magazine, they are in violation of the statute. The only exception to this is if the ammunition magazine is intended to be used for authorized military or law enforcement purposes and the person in control of the item has been duly authorized by military or law enforcement personnel.
  • Bullets: The same stipulations apply to the manufacture, transport, shipping, selling, or disposition of any bullet designed primarily for use in a handgun and which is capable of breaching or penetrating body armor. Unless the person in possession of the bullet is duly authorized by military or law enforcement personnel and intends to use the bullet for authorized military or law enforcement purposes, they can be charged with a felony-level offense.

Penalties for Unlawful Disposition of a Firearm in Pennington NJ

Anyone convicted of manufacturing, causing to be manufactured, transporting, shipping, selling, or disposing of a weapon or weapon-related item in an unlawful manner is subject to severe penalties. As set forth by N.J.S.A. 2C:39-9, the penalties are determined by the type of weapon:

  • Machine Guns and Assault Firearms: Third degree felony, punishable by 3–5 years in NJ State Prison.
  • Sawed-Off Shotguns: Third degree felony, punishable by 3–5 years in NJ State Prison.
  • Handguns: Fourth degree felony, punishable by up to 18 months in NJ State Prison.
  • Defaced Firearms: The defacement of any firearm is a third degree felony, which is punishable by 3–5 years in NJ State Prison. A person who knowingly buys, receives, disposes, or conceals a firearm can be charged with a fourth degree felony and face up to 18 months in NJ State Prison.
  • Firearm Silencers: Fourth degree felony, punishable by up to 18 months in NJ State Prison.
  • Ammunition Magazines: Fourth degree felony, punishable by up to 18 months in NJ State Prison.
  • Bullets: Fourth degree felony, punishable by up to 18 months in NJ State Prison.

Graves Act: Enhanced Penalties for Illegal Manufacture or Transport of Firearms in Mercer County NJ

The Graves Act applies to certain offenses covered by the statute. For example, the illegal manufacture or transport of a machine gun, assault firearm, sawed-off shotgun, or defaced firearm is classified as a Graves Act offense.

Anyone convicted of a Graves Act offense is subject to mandatory incarceration with a minimum period of parole ineligibility. In most cases, this means that the offender will be required to serve at least 3 years in NJ State Prison. Additionally, once the Graves Act has been triggered, the prosecutor has limited discretion to offer any kind of plea deal.

Call Hightstown NJ Firearm Attorneys

The attorneys at Kamensky Cohen & Riechelson are prepared to fight your charges and help you avoid the most serious consequences of a conviction. If you have been accused of unlawful disposition of a firearm in New Jersey, call us today to discuss your legal options. You can also email us to schedule a meeting at our Trenton or Pennington office.

Contact Kamensky Cohen & Riechelson

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Let us help you navigate your legal challenges.
Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.