Camden County NJ Unlawful Possession of a Weapon Lawyer

Weapons Charges Defense Attorney with Offices in Collingswood, New Jersey

Being found guilty of illegal possession of a weapon can subject a person to some serious penalties. This is partially due to the fact that gun laws in New Jersey are quite strict. For example, even if a person is from out of state and legally owns a weapon in that state, he or she must still comply with the laws of New Jersey regarding transportation of weapons. Being convicted of illegal possession of a weapon can expose a person to a long prison sentence depending on what the weapon in question is. This is why if you have been charged with illegal possession of a weapon, you will need a talented and experienced criminal defense attorney to help you 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 Cherry Hill, Gloucester, Winslow Township, and Brooklawn. 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. If you have been charges with unlawful possession of a weapon, 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 Possession of a Weapon in New Jersey 

In New Jersey, unlawful possession of a weapon is codified under N.J.S.A. 2C:39-5. It states:

a) Machine guns: Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so is guilty of a crime of the second degree.

b) Handguns: Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

c) Rifles and Shotguns: 

• Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card is guilty of a crime of the third degree.
• Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d) Other weapons: Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

e) Firearms or other weapons in educational institutions:

• Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.
• Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.A. 2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.A. 2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.
• Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

f) Assault Firearms: Any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed, registered or rendered inoperable.

h) A person who is convicted of a crime under subsection a., b. or f. of this section shall be ineligible for participation in any program of intensive supervision; provided, however, that this provision shall not apply to a crime under subsection b. involving only a handgun which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

i) A person convicted of violating subsection a., b. or f. of this section shall be sentenced by the court to a term of imprisonment, which shall include the imposition of a minimum term during which the defendant shall be ineligible for parole, if the court finds that the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.A. 2C:44-1 (“Organized Criminal Activity”) applies.

Unlawful Possession of a Weapon Penalties in New Jersey 

Unlawful Possession of a weapon can subject you to time in prison and a mark on your criminal record:

1) Unlawful possession of a weapon in the second degree can carry a sentence of 5 to 10 years in New Jersey State Prison

2) Unlawful possession of a weapon in the third degree can carry a sentence of 3 to 5 years in New Jersey State Prison

3) Unlawful possession of a weapon in the fourth degree can carry a sentence of up to 18 months in New Jersey State Prison

4) Unlawful possession of a weapon as a disorderly persons offense can carry a sentence of up to 6 months in the county jail

Note: Sections (a), (b), (c), of this statute are included under New Jersey’s “Graves Act.” This means if convicted of one of these crimes, you MUST be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater.

Contact a Cherry Hill NJ Unlawful Possession of a Weapon Lawyer for a Free Consultation 

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 possession of a weapon 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.