Keansburg New Jersey Firearms Possession Lawyer
The Iler Law Firm represents individuals charged with unlawful possession of a weapon, possession of a weapon for an unlawful purpose, aggravated assault, and cocaine possession and distribution throughout New Jersey including in municipalities such as Woodbridge, New Brunswick, Long Branch, and Asbury Park, NJ. In New Jersey, penalties for unlawful gun possession are extremely severe. Our experienced criminal defense attorneys are available immediately for a free initial consultation regarding your criminal charges.
Possession of a Weapon for an Unlawful Purpose: N.J.S.A. 2C:39-4
In New Jersey, N.J.S.A. 2C:39-4 governs charges for unlawful possession of a weapon and provides:
§ 2C:39-4. Possession of weapons for unlawful purposes
a. Firearms. (1) 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.
(2) 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.
b. Explosives. 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.
c. Destructive devices. 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.
d. Other weapons. 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.
e. Imitation firearms. 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.
Penalties for Possession of a Weapon for an Unlawful Purpose
As the above statute enumerates, there are several grades of offenses for unlawful possession of a weapon in New Jersey depending on the subsection of the statute which is implicated. Under subsections (a), (b), (c), the crime is considered a second degree offense which involves five (5) to ten (10) years in prison if convicted. Further, subsection (d) is a third degree offense in New Jersey which involves one (1) to five (5) years in prison. Finally, subsection (e) is a fourth degree criminal offense in NJ which involves up to eighteen (18) months in prison if convicted.
