Possession of an Illegal Weapon

Woodbridge NJ Prohibited Weapon Defense Lawyer

There are certain weapons that are illegal to possess in Middlesex County under any circumstance. The prohibited weapons are set forth at N.J.S.A. 2C:39-3 and include such things as a sawed off shotgun, silencer, defaced firearms, hollow and teflon tip ammunition, high capacity magazines and stun-guns. If you were arrested and charged with possession of an illegal weapon in Piscataway, Old BridgeSouth PlainfieldNorth Brunswick or Woodbridge, the lawyers at The Law Offices of Jonathan F. Marshall are highly capable of defending you. Jason Seidman, Esq., a former supervisor at the Middlesex County Prosecutor’s Office, or another attorney on our staff who has handled many prohibited weapons charges is ready to undertake preparation of your case. Contact our Piscataway Office to speak to an attorney immediately. We can be reached around the clock at 732-392-7202.

Other Weapons Offenses in New Jersey

The most prominent weapons offenses in New Jersey are unlawful possession of a weaponpossession of a weapon for an unlawful purpose and the category discussed here of possession of illegal weapons. The following is a breakdown of each of the prohibited weapons set forth under N.J.S.A. 2C:39-3 along with the important points to keep in mind if you knowingly possession one of these items.

  • Destructive Device. A destruction device is an instrument or object designed to explode or cause uncontrolled combustion. Knowingly possessing a destructive device is a third degree crime.
  • Sawed–off Shotgun.  A shotgun is sawed off when its barrel is less than 18 inches and its overall length is less than 26 inches. Possession of a sawed off shogun is a third degree crime.
  • Firearm Silencer. Possessing a silencer is a fourth degree crime.
  • Defaced Firearms. A defaced firearm is one which the maker, model, serial number or other distinguishing characteristics have been removed, defaced, covered, altered or destroyed. Possession of a defaced firearm, other than an antique firearm, is a fourth degree crimes.
  • Hollow Nose and Body Armor Penetrating Bullets. Armour piercing bullets such as hollow tip, dum-dum, or teflon coated ammunition cannot be possessed legally. It is a fourth degree crime to possess bullets falling within this category.
  • Stun Gun. It is a fourth degree crime to possess a stun-gun (e.g. a device which emits an electrical charge or current to disable a person).
  • Large Capacity Ammunition Magazine. The definition of a high capacity magazine is one which is capable of holding more than 15 rounds to feed an semi-automatic firearm. Possession of a high capacity magazine is a fourth degree crime.
  • Handcuffs. Individuals often do not realize but it is illegal to possess handcuffs under circumstances not manifestly appropriate for a lawful use. If you are arrested for possessing handcuffs, the charge you will face is a disorderly persons offense.
  • Other Prohibited Weapons. There is a relatively long list of other weapons that are also illegal unless possessed for a lawful purpose. These items include a gravity knife, switchblade, dagger, stiletto, billy club, blackjack, brass knuckles or a slingshot. It is a fourth degree crime to possess one of these items.

Penalties. Third degree possession of an illegal weapon results in up to 5 years in prison and a $15,000 fine. A fourth degree crime for possessing a prohibited weapon carries maximum penalties that include 18 months in state prison and a $10,000. A disorderly persons offense for possessing of a prohibited weapon can result in you being sentenced to 6 months in the county jail and a $1,000 fine.

New Brunswick NJ Illegal Weapon Attorneys

If you or a loved one has been charged with possession of defaced firearm, stun gun, hollow tipped bullets or another prohibited weapon, The Law Offices of Jonathan F. Marshall, can help you. We are former prosecutors and skilled attorneys who have over 100 years of experience between us. A lawyer at the firm who is highly qualified to defend your charges can be reached in our New Brunswick Office now at 732-246-7126. We offer representation of those arrested anywhere in Middlesex County including in East BrunswickEdison and Carteret.

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