Depending on the facts of your case, he may fight to have a felony reduced … (a) (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club. Unlawful possession of a weapon may be either a second degree or third degree crime. Passaic County NJ Unlawful Possession of a Weapon Attorney Defending Individuals Charged with Weapons Offenses in Passaic County, NJ. Bans on criminal possession of a weapon are some of the most aggressively-enforced laws in New York – and a convicted offender will face some of New York’s toughest criminal penalties. SECTION 265.01-C Criminal possession of a rapid-fire modification device (2)Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree. b.Handguns. The penalties for offenses related to airsoft, BB, and paintball guns are very serious and can even include significant jail time. Penalty— Maximum penalty— (a) if the person unlawfully possesses 10 or more weapons at least 5 of which are category D, E, H or R weapons—13 years imprisonment; or This permit often applies to both firearms and other self-defense implements. The specific penalties for unlawful possession of a weapon are varied based on the type of weapon involved in the alleged offense. Rather, the potential for use in acts of unlawful violence creates a perceived need to control them. What is the Unlawful Possession of Weapons? 2C:39-4 Under N.J.S.A. Possession of a Firearm For Unlawful Purpose. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Unlawful Possession of a Weapon is codified under N.J.S.A. 2C:39-5 of the New Jersey Criminal Code, which distinguishes among specific weapons and the degree of … The statute is divided into subparts that are each directed at specific types of weapons, principally firearms, and the grade of crime applicable to each. (A) The handgun is in a locked container within or affixed to the vehicle; or (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm. 2C:39-5 and it covers not only possession of a handgun without a license/permit but all forms of firearms and other weapons. A person is guilty of criminal possession of a weapon in the first degree when such person: (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or (2) possesses ten or more firearms. You can possess a weapon for unlawful purposes even if you own it legally. Criminal possession of a weapon in the third degree is a class D felony. New Jersey may have more current or accurate information. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree 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. N.J.S.A. c.Rifles and shotguns. Our expert defense attorneys in Memphis will help you understand your charges and determine your options. In this case, the burden of proof is often placed on the accused, requiring them to prove their lawful intent in court. For civilians, permits can sometimes be obtained to possess or carry certain weapons if that person meets certain qualifications that show they can be trusted (such as safety training and lack of prior criminal behavior) and/or have a specific need for the weapon, for example if the nature of their job places them at high risk for assault or robbery. The category of weapon is one consideration that a Court will take into account when sentencing a person for unlawful possession of a weapon. 2C:39-5. Criminal possession of a weapon in the fourth degree is a class A misdemeanor. Unlawful use of weapons. Unlawful possession of weapons by persons under sixteen. Unlawful possession of weapons. The law governing unlawful possession of weapons is N.J.S.A. Unlawful possession of a firearm. Charges for unlawful possession of a weapon can be found in section N.J.S.A. Sometimes referred to as “CPW 2,” an arrest in NYC or anywhere in the Hudson Valley is potentially devastating. (5) Unlawful possession of a firearm is a Class A misdemeanor. The basic definition for criminal possession of a weapon is the unlawful possession of a weapon by an individual. Unlawful Possession of a Weapon, Penalties Prison Sentence. A second degree crime carries a presumption of imprisonment. (A) It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, to possess a … WEAPONS ACT 1990 - SECT 50 Possession of weapons 50 Possession of weapons (1) A person must not unlawfully possess a weapon. A seasoned criminal defense attorney can help you navigate the gamut that weapons charges can bring and know … These charges can arise from accidentally carrying a registered firearm into a gun-free zone, or forgetting to register your gun and having it on your person or in your possession. Criminal possession of … An offence of unlawful possession of weapons will be heard and determined in the Magistrates Court. Unlawful Possession of Firearms occurs when a person possesses a firearm a certain amount of time after a criminal conviction. New Jersey Law makes it illegal to possess a weapon under certain circumstances. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree. Unlawful use of weapons. Nearly every firearm requires the owner to be licensed to have one. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12); or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13). The prosecution at the sentencing hearing shall have the initial burden of producing evidence or information concerning the defendant's membership in such an organization or group. Depending on the circumstances surrounding the charge, and whether you have a past criminal history, if convicted, you face paying a high fine and spending a long time in prison. Unlawful Possession of a Weapon Lawyer in Camden NJ. 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. b. Handguns. 2C:39-5(d) d. Other weapons. In many states, no permit at all is needed to carry a non-concealed firearm or other weapon. Criminal possession of a weapon. C FELONY: 265.09: Criminal use of a firearm in the first degree. Sec. § 39-17-1307 - Unlawful carrying or possession of a weapon. 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, … Possession of the kitchen knife is not a crime, so you cannot be charged with possession under N.J.S. O Criminal possession of a weapon is the unlawful possession of a weapon by an individual. (1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000). Mere possession is enough to constitute an offense. This statute makes several distinctions among weapons classifications, including: Machine Guns: Possession of a machine gun without a valid license is a second degree crime. Unlawful Possession of a Weapon offenses are outlined in section N.J.S.A. Machine guns. The charge is contained at N.J.S.A. Penalties for felons convicted of illegal possession of a firearm range from misdemeanors to felonies with a mandatory minimum sentence. Unlawful possession of a weapon is an offense that our Atlantic County criminal lawyers defend frequently on behalf of clients arrested in Atlantic City, Hamilton, Egg Harbor, Galloway and other municipalities in New Jersey. “Unlawful possession of a weapon in New Jersey usually relates to possession of a gun without a proper permit. Texas Penal Code § 46.04 defines the offense of Unlawful Possession of a Firearm: (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: In spite of the term “Unlawful Use”, you should know that you don’t necessarily have to be caught using an unlawful weapon or committing a crime. If you’ve been arrested for unlawful possession of a weapon, you could be facing some fairly vague legal statutes depending on the weapon that you’ve been charged with.Similarly, possession of weapons for unlawful purposes is a serious crime that violates section N.J.S.A. Weapons are classified into a number of different categories, which are outlined and listed in the Weapons Categories Regulation. 2C:39-5 Unlawful possession of weapons. h.A person who is convicted of a crime under subsection a., b. or f. of this section shall be ineligible for participation in any program of intensive supervision; provided, however, that this provision shall not apply to a crime under subsection b. involving only a handgun which 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. Many societies both past and present have placed restrictions on what forms of weaponry private citizens and to a lesser extent police are allowed to purchase, own, and carry in public. [4] In the UK, a citizen can obtain a firearms or shotgun certificate in order to legally purchase and own rifles or shotguns for the purposes of sport and hunting. Other types of license can be obtained for collection and exhibition purposes, such as under the National Firearms Act. However, they are often restricted from possessing their issued weapons when they are not on duty. (1)Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card. 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