Unlawful Use of a Weapon Criminal Defense Lawyer

Charges for possession of a weapon for an unlawful purpose are seldom issued in isolation, often accompanied by other criminal charges, such as robbery, aggravated assault, violent crimes, and drug crimes. The nature of the charge informs this phenomenon, as it involves the possession of a weapon with the intention to use it in an unlawful manner, whether that involves threatening or causing injury to another person, committing a crime such as carjacking, or perpetrating another offense.

The degree of these charges is dictated by the specific weapon involved in the alleged crime and can range from second degree to fourth-degree charges. Regardless of the degree of these charges, possession of a weapon for an unlawful purpose is always a felony-level offense, which may entail a significant term of incarceration for those convicted.

If you're facing a weapons charge, the criminal defense lawyers at Breslow Law Offices can help.

Call 973-239-8000 today or contact us online to discuss your weapons charge with a criminal defense attorney at our firm.

Possession of a Weapon for an Unlawful Purpose in New Jersey: N.J.S.A. 2C:39-4

All too often, otherwise law-abiding citizens become engulfed in New Jersey’s criminal justice system while simply traveling through our State with a firearm that was lawfully purchased and permitted in their home State. These instances occur with astounding frequency, as New Jersey refuses to acknowledge state-to-state reciprocity when it comes to gun permits, creating a revolving door of arrests and charges for those from other states who are unaware of the state’s stringent weapons laws.

In fact, gun laws in New Jersey are among the most strict in the nation, with a number of offenses that entail mandatory terms of incarceration and periods of parole ineligibility for those convicted.

The attorneys at Breslow Law Offices have witnessed and participated in thousands of weapons cases as Prosecutors and as criminal defense lawyers. They have developed an impressive level of knowledge and skill in the realm of weapons charges and have successfully resolved these cases for countless clients in courtrooms across the State.

Charges for possession of a weapon for an unlawful purpose are outlined in section N.J.S.A. 2C:39-4 of the New Jersey Criminal Code, which reads:

Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
Any person who possesses receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole.
As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.
Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

Possession of a Weapon for an Unlawful Purpose Penalties

As evidenced above, the most serious charges for possession of a weapon for an unlawful purpose involve firearms, explosives, and other destructive devices. Offenses involving weapons other than firearms are classified as third-degree crimes, and those involving imitation firearms are considered fourth-degree crimes. The potential penalties associated with each of these include the following:

Criminal Possession Of A Weapon In The Fourth Degree Sentence: punishable by a period of up to 18 months in New Jersey State Prison
Possession of a Weapon for an Unlawful Purpose as a Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison; however, there is a presumption of non-incarceration for first-time offenders
Criminal Possession Of A Weapon 2nd Degree Jail Time: punishable by a period of between 5 to 10 years in New Jersey State Prison, with a presumption of incarceration even for first-time offenders.

In addition to the aforementioned consequences, violations involving firearms are subject to the sentencing guidelines mandated by New Jersey’s Graves Act, which requires the imposition of a minimum term of parole ineligibility fixed at, or between, one-third and one-half of a sentence imposed, or 3 years, whichever is greater.

A conviction for possession of a weapon for an unlawful purpose can lead to severe consequences. It is important to note that a sentence imposed for this charge may be imposed in addition to any sentences associated with other charges. The Court will determine whether these sentences are to be served consecutively (one after the other) or concurrently (at the same time). Clearly, a concurrent sentence is far more desirable than a consecutive one.

Unlawful Possession of a Weapon in New Jersey: N.J.S.A. 2C:39-5

Unlawful Possession of a Weapon offenses are outlined in section N.J.S.A. 2C:39-5 of the New Jersey Criminal Code, which distinguishes among specific weapons and the degree of the charges associated with each:

Machine Guns: Any person who knowingly has in his possession a machine gun or instrument or device adaptable for use as a machine gun without being licensed is guilty of a crime of the second degree.

Handguns: Any person who knowingly has in his possession any handgun, including an antique handgun without first having obtained a permit to carry the same is guilty of a crime of the second degree. However, if the gun is in the nature of an air gun or pellet pistol then the crime is of the third degree.

Rifles or Shotguns: Any person who knowingly has in her possession any rifle or shotgun without first having 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.

Other Prohibited 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.‍

Sentences for Unlawful Possession of a Weapon in NJ

The above offenses are considered extremely serious. The penalties for those found guilty of these violations may include:

Unlawful Possession of a Weapon as a Fourth Degree Crime: punishable by a period of up to 18 months in State Prison
Unlawful Possession of a Weapon as a Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in State Prison
Unlawful Possession of a Weapon as a Second Degree Crime: punishable by a period of between 5 to 10 years in State Prison

In addition, illegal possession of a weapon offense involving handguns, machine guns, rifles, and shotguns are subject to the sentencing guidelines mandated by New Jersey’s Graves Act, which requires a mandatory term of imprisonment with a minimum period of parole ineligibility fixed at, or between, one-third and one-half of a sentence imposed, or 3 years, whichever is greater.

FAQs about Weapons Charges in New Jersey

What constitutes a “weapon” under New Jersey law?

A weapon can refer to any item that is capable of inflicting bodily injury or causing physical damage. Any of the following may be considered a weapon in violation of the law: a defaced firearm, stun gun, gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sand club, slingshot, cestus, ballistic knife, hollow-point bullets, leather band studded with metal filings, or razor blades embedded in wood.

Can I carry a weapon on school property if I have a permit?

No. It is illegal to carry a firearm in or upon any part of the buildings or grounds of any school, college, university, or other educational institution, even if you have a permit to carry a firearm or a valid firearm purchaser identification card. A violation of this kind is considered a third-degree crime.

What permits are required to purchase and/or carry shotguns, rifles, and handguns?

You are required to obtain a purchaser identification card prior to purchasing a rifle, shotgun, or handgun. For rifles and shotguns, this permit is sufficient to acquire and possess the firearm. On the other hand, for a handgun, you must obtain a separate permit to carry the handgun.

Charged With Unlawful Possession or Unlawful Use Of A Firearm?

Due to the seriousness with which the State prosecutes these offenses, it is crucial to enlist a defense attorney who has experience negotiating for downgraded charges or admission into a diversionary program such as Pre-Trial Intervention. Although prosecutors are seldom willing to submit to these alternatives readily, a deft negotiator can secure a favorable outcome. Contact Breslow Law Offices criminal defense attorneys for additional information 973-239-8000.

The attorneys at Breslow Law Offices have prosecuted countless weapons charges while working on behalf of the State. They now utilize their extensive exposure to the inner-workings of the system to effectively defend their clients as highly regarded criminal defense attorneys.

Call 973-239-8000 today or contact us online to discuss your weapons charges with a criminal defense attorney at our firm.