Woodbridge NJ Firearm Possession Attorneys
It is hard to believe that individuals, even juveniles, can face felony criminal charges if they possess a BB gun, paintball gun, or airsoft gun. This is unfortunately the case because the definition of firearm under New Jersey law includes an air gun or spring gun that expels a projectile that is capable of injuring another person. So even though most people view BB, Airsoft and Pellet guns as recreational items that are readily purchasable without a permit, you can be charged with a serious weapon offenses like unlawful possession of a weapon or possession of a weapon for an unlawful purpose. If you or your child is facing a firearm offense involving a BB gun, Pellet gun or Airsoft gun, the charge must therefore be taken seriously. Attorneys who have handled many cases of this nature, including Jason Seidman, Esq., the former supervisor of the guns, gangs and drugs task force of the Office of the Middlesex County Prosecutor, are available in our New Brunswick Office to assist you 24/7. We represent those charged with possession of BB/Pellet/Airsoft weapons throughout Middlesex County including New Brunswick, Woodbridge, East Brunswick, Piscataway, Edison and Sayreville. A lawyer on our 100 plus year experienced team is available immediately to assist you at 732-246-2176.
Charged With a BB Gun, Pellet Gun or Airsoft Gun Offense in Middlesex County
N.J.S.A. 2C:39-5 (“Unlawful possession of weapons) makes specific reference to air or spring powered handguns, rifles and shotguns. Paragraph (2) of subsection (b) provides that:
(2) 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 it is a crime of the third degree.
Explanation of Unlawful Possession of a BB Gun, Pellet Gun or Airsoft Gun. Despite the illogical nature of this proposition, the classic BB or Pellet gun falls squarely within the parameters of paragraph (2) and results in a third degree crime if possessed “without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4”. What this means is that if you or your child is found in possession of this type of handgun without a permit you face the same penalties for unlawful possession of a weapon that apply to a real firearm. The only real difference is that this is a third degree crime as opposed to a second degree crime. The same considerations apply when the Airsoft, Pellet or BB gun is in the form of a rifle or shotgun except that a firearm in this form only requires firearms purchasers identification card. This third degree crime results in up to 5 years in prison and a $15,000 fine. The Graves Act excludes air or spring powered rifles or shotguns but continues to apply if the weapon is in the form of a handgun.
Possession of Firearms by a Minor
Potential relief from the harsh consequences of this weapon offense can be provided to a juvenile under N.J.S.A. 2C:58-6.1. This law prohibits anyone under 18 years old from purchasing or possessing a firearm, including objects that eject projectiles by air or spring power, for example, a BB or Pellet gun. The only exception to this rule is where the weapon is used in the presence of a parent or guardian, for authorized military drills, in target competition, at an authorized range or during hunting season provided they have undergone appropriate safety training. Failure to comply with this law in Piscataway, East Brunswick, Edison or elsewhere in the state is a fourth degree crime and does not fall within the mandatory sentencing requirements of the Graves Act.
New Brunswick NJ BB Gun, Pellet Gun & Airsoft Gun Defense Lawyer
Whether your case involves a juvenile charge or is pending against an adult, there is the potential for real problems if you plead or are found guilty. For this reason, a firearm offense of this nature is not something that you can toy with an inexperienced lawyer at the county courthouse in New Brunswick. At The Law Offices of Jonathan F. Marshall, we offer qualified representation with attorneys who possess decades of experience defending BB/Pellet handgun, rifle and shotgun offenses. To speak to an attorney on our staff immediately, contact us now for a free consultation. We can be reached for a free consultation in our Woodbridge Office at 732-751-4458.
