Unlawful Possession of a Weapon

Lawrence NJ Unlawful Possession of a Weapon Attorneys

With Offices in Trenton and Pennington, New Jersey 

Although the Second Amendment of the U.S. Constitution protects your right to bear arms, individual states are allowed to regulate this right. That’s why NJ lawmakers are able to impose severe penalties for anyone who illegally possesses a weapon in New Jersey. Worse yet, many people do not even realize that they are violating the law until it is too late. That’s because NJ weapons laws do not just apply to firearms; even an ordinary item like a baseball bat can be classified as a “weapon” if you intended to use it in an unlawful manner. Regardless of the circumstances of your weapons charge, it is critical that you contact an experienced criminal defense attorney as soon as possible.

Kamensky Cohen & Riechelson is a legal team that has been representing clients in New Jersey and Pennsylvania since 1972. During that time, our attorneys have assisted countless clients charged with unlawful possession of a weapon in Mercer County, NJ, including Trenton, Hightstown, and Ewing. We understand how seriously NJ prosecutors take weapons offense cases, which is why we will do everything possible to fight your charges and keep you out of prison. Call KCR today to start your defense.

Unlawful Possession of a Weapon in Mercer County NJ

N.J.S.A. 2C:39-5 governs the unlawful possession of weapons in New Jersey. The statute makes it illegal to own or possess certain weapons under any circumstances. These illegal weapons include: sawed-off shotguns, defaced firearms, and destructive devices. The statute also prohibits anyone from owning or possessing certain items, including: firearm silencers and bullets that can penetrate body armor.

Although you are legally permitted to own or possess certain firearms, you must have a valid registration and license to have these weapons. For example, you need a permit to own a handgun in New Jersey. It is also necessary to have a firearms ID card in order to own a shotgun or a rifle in New Jersey.

The statute stipulates that a weapon is any item that is capable of lethal use or inflicting serious bodily injury. NJ prosecutors interpret the statute very broadly. As a result, practically any item can be considered a “weapon” under certain circumstances. These items include: 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.

Penalties for Unlawful Possession of a Weapon in NJ

The penalties for unlawful possession of a weapon vary, depending upon the type of weapon:

  • Assault Firearms: Possession of an assault firearm without a valid license is a second degree felony, punishable by 5–10 years in NJ State Prison.
  • Machine Guns: Possession of a machine gun without a valid license is a second degree felony, punishable by 5–10 years in NJ State Prison.
  • Handguns: Possession of a handgun without a valid license or carry permit is a second degree felony, punishable by 5–10 years in NJ State Prison.
  • Shotguns: Possession of a shotgun without a valid firearms ID card is a third degree felony, punishable by 3–5 years in NJ State Prison.
  • Rifles: Possession of a rifle without a valid firearms ID card is a third degree felony, punishable by 3–5 years in NJ State Prison.
  • Airsoft Guns: Possession of an Airsoft gun without a valid license is a third degree felony, punishable by 3–5 years in NJ State Prison.
  • Other Weapons: Possession of any other weapon under circumstances not manifestly appropriate for lawful use is a fourth degree felony, punishable by up to 18 months in NJ State Prison. “Circumstances not manifestly appropriate for lawful use” generally means that you intended to use the weapon to harm another person or damage property.

Contact Princeton NJ Gun Possession Lawyers

Kamensky Cohen & Riechelson has a proven track record of success in New Jersey weapons possession cases. Call us now to speak with a member of our litigation team, or email us to schedule a free consultation at our offices in Pennington or Trenton.

Contact Kamensky Cohen & Riechelson

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