Camden County NJ Unlawful Disposition of a Firearm Lawyer
Weapons Charges Defense Attorney with Offices in Collingswood, New Jersey
Since gun laws in New Jersey have become more strict in part due to programs such as the Targeted Anti-Gun Initiative, being convicted of a weapons offense can expose you to several life changing consequences including a prison sentence. Further, many of these prison sentences do not include an opportunity for parole. If you have been charged with unlawful disposition of a firearm, you will need a talented and experienced criminal defense attorney to help you minimize the penalties and get the most desirable outcome in your case.
The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling weapons offenses for years in Camden County including Berlin, Cherry Hill, Gloucester, and Pennsauken. In fact one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute various charges for the State including gun and weapons offenses. This means we can predict what kinds of arguments the prosecution will make and use this knowledge to defend your case. Also, another one of our attorneys has had excellent success in getting the penalties for weapons offenses reduced to probationary sentences rather than jail time. If you have been charges with unlawful disposition of a firearm, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Law Offices of Leonard Biddison at 877-450-8301 anytime for a free initial consultation.
Unlawful Disposition of a Firearm in New Jersey
The law for unlawful disposition of a firearm is covered under N.J.S.A. 2C:39-9. The degree that you are charged with depends on what type of firearm is in question.
a. Machine guns – Third Degree
Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58.
b. Sawed-Off Shotguns –Third Degree
Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun.
c. Firearm Silencers – Fourth Degree
Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer.
d. Other Weapons – Fourth Degree
Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58, is guilty of a crime of the fourth degree. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.A. 2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions.
e. Defaced Firearms – Third or Fourth Degree
Any person who defaces any firearm is guilty of a crime of the third degree. Any person who knowingly buys, receives, disposes of or conceals a defaced firearm, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.
f. Bullets – Fourth Degree
Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any bullet, which is primarily designed for use in a handgun, and which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and is therefore capable of breaching or penetrating body armor and which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel.
g. Assault Firearms – Third Degree
Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of an assault firearm without being registered or licensed to do so pursuant to N.J.S.A. 2C:58-1 et seq.
h. Large Capacity Ammunition Magazines – Fourth Degree
Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel.
i. Transporting Firearms into this State for an Unlawful Sale or Transfer – Second Degree
Any person who knowingly transports, ships or otherwise brings into this State any firearm for the purpose of unlawfully selling, transferring, giving, assigning or otherwise disposing of that firearm to another individual is guilty of a crime of the second degree. The temporary transfer of a firearm while hunting or target shooting, the transfer of any firearm that uses air or carbon dioxide to expel a projectile, or the transfer of an antique firearm shall not constitute a violation of this subsection.
Unlawful Disposition of a Firearm Degrees and Penalties in New Jersey
A conviction for unlawful disposition of a firearm can result in a felony on your record and a lengthy stay in prison depending on the degree you are charged with.
Second Degree – 5 to 10 years in New Jersey State Prison
Third Degree – 3 to 5 years in New Jersey State Prison
Fourth Degree – Up to 18 months in New Jersey State Prison
Note: Subsections a,b,e, and g of the statute are subject to New Jersey’s Graves Act. This means that if convicted, a person must serve at least one-third to one-half of the sentence, or 3 years, whichever is more before parole eligibility. Further, in order to reach a plea agreement, the superior court judge must sign a Graves Act Waiver for it to be approved. So, as you can see, weapons offenses are taken very seriously in New Jersey which is why it is crucial you hire an experienced attorney in your case.
Contact a Pennsauken NJ Unlawful Disposition of a Firearm Lawyer for Answers
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against an unlawful disposition of a firearm charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.