Possession of an Illegal Weapon in Linden New Jersey
Have you been arrested for illegal possession or another weapon offense in Linden New Jersey? Was the charge related to an unregistered handgun that you were carrying without a permit? An individual can face a weapon offense in the City of Linden because of these and many other circumstances. Irrespective, a conviction for just about any weapon charge carries the potential for a state prison sentence and, in many cases, a period that is mandatory. In fact, New Jersey has some of the strictest gun laws in the United States.
Regardless of the facts surrounding a weapons arrest, such crimes can carry very serious penalties like stiff fines, revocation of a gun license, and jail time. This is especially true of the violation involves a firearm that is a handgun. If you have been arrested for a weapons offense in Linden, you need an attorney who has experience handling these types of cases in Union County. The Law Offices of Jonathan F. Marshall have lawyers, many of whom formerly were criminal prosecutors, who are highly skilled in handling firearm and other weapons cases. Take advantage of a free initial consultation by calling 908-272-1700.
Weapons Offenses in Union County
New Jersey law lays out four primary ways in which it is illegal to possess a weapon: (1) possession of a weapon without obtaining a license; (2) prior conduct that makes it illegal to possess a weapon; (3) possession of a weapon with the illegal purpose of committing a crime; and (4) possession of a weapon that is banned in the State.
1. Possession of a Weapon Without Obtaining a License. Under N.J.S.A. 2C:39-5, it is a crime to have weapons in your possession when you did not obtain a proper license or permit for them. Specifically, it is a third-degree crime to possess a machine gun, handgun, rifle, shotgun, or assault firearm without proper permits. A third-degree crime carries a penalty of 3 to 5 years in prison.
Possession of a weapon other than those listed above constitutes a fourth-degree crime, carrying a penalty of up to 18 months in prison. In addition, even with a license or permit it is still illegal to carry a weapon in certain places, such as on or around school grounds.
2. Illegal Weapon Possession Because of Prior Conduct. Certain people cannot possess weapons at all in New Jersey. Under N.J.S.A. 2C:39-7, which is a statute entitled “Certain Persons Not to Have Weapons,” it is illegal for a person to possess a weapon if they have been committed to a mental institution, or if they were convicted of any crime greater than a disorderly persons offense in the past. In fact, it is a second-degree crime, carrying a potential 10 years in prison, if a person possesses a weapon after being convicted of the following offenses:
- Aggravated assault
- Arson
- Burglary
- Escape
- Extortion
- Homicide
- Kidnapping
3. Possession of Weapons for an Illegal Purpose. Under N.J.S.A. 2C:39-4, it is a second-degree crime, with a potential penalty of up to 10 years in prison, to possess firearms, explosives, or destructive devices while having the purpose to use them unlawfully against a person or property. Possession of any weapon other than the three mentioned above for an unlawful purpose is a third-degree crime, carrying a possible 5 years in prison. Possession of an imitation firearm for an unlawful purpose is a fourth-degree crime, which can result in up to 18 months in prison.
4. Weapons Banned in New Jersey. N.J.S.A. 2C:39-3 lists the weapons that cannot be possessed by anyone in the State. To be guilty of an offense, a person must knowingly possess the prohibited weapon or device. It is a third-degree crime to knowingly possess a sawed-off shotgun or destructive device. It is a fourth-degree crime to possess any of the following weapons:
- Silencers
- Defaced firearms (unless they are antique)
- Gravity knife
- Switchblade knife
- Dagger
- Dirk
- Stiletto
- Billy
- Blackjack
- Metal knuckle
- Sandclub
- Slingshot
- Cestus or similar leather band studded with metal filings or razor blades imbedded in wood
- Ballistic knife
- Dum-dum or body armor penetrating bullets
- Stun guns
Linden Weapon Possession Lawyers
If you are facing a weapon charge, contact the Law Offices of Jonathan F. Marshall for help from an accomplished attorneys. The lawyers at our firm handle all types of weapons offenses including:
- Prohibited weapons and devices
- Possession of a weapon for an unlawful purpose
- Unlawful possession of a weapon
- Certain persons not to have weapons
- Possession of an illegal handgun
- Imitation firearms offenses
- Possession of a firearm in a motor vehicle
- Possession of a weapon during commission of a drug offense
- Failure to surrender a weapon while on conditional release, or after a domestic violence arrest
For a free initial consultation with an attorney, call 908-272-1700. We have decades of experience handling weapons cases and can provide you with sound advice and representation regarding your charges. A lawyer is available now to help you.
