2816 Morris Ave., Suite 32
Union, NJ 07083
t. 908.349.8462
f. 908.325.1646

686 Lafayette Ave.
Hawthorne, NJ 07506
t. 908.349.8462
(by appointment only)

1613 Beaver Dam Road
Point Pleasant, NJ 08742
t. 732.773.6265
(by appointment only)
nace@naumoski.com

Weapons Offenses

Under New Jersey's criminal code, it is a crime to be unlawfully in possession of various types of weapons.  The most serious weapons violations are found in N.J.S. 2C:39-5.  Under that statute, it is a second degree crime to be in possession of a machine gun without a license to possess a machine gun.  It is also crime of the second degree to be in possession of a handgun without a permit, unless the handgun is in the nature of a air gun or spring gun, in which case possession of the weapon is a third degree crime.  Possession of any assault weapon is also a second degree crime.  Possession of a shotgun or rifle without the appropriate permit is a second degree crime. Finally, possession of any type of weapon under circumstances not manifestly appropriate for the weapon's lawful uses is a fourth degree crime.  It is also a crime to be in possession of a weapon on the grounds of an educational institution without the permission of the governing officer of the institution, regardless of whether one has a permit for the weapon.

Under N.J.S. 2C:39-3, the possession of various types of other weapons also constitutes a crime.  Possession of any "destructive device" is a third degree crime.  Possession of a sawed-off shotgun is also a third degree crime.  Possession of a silencer is a fourth degree crime.  Possession of any defaced firearm is also a fourth degree crime.  In addition, possession of various types of other weapons, such as a gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, or ballistic knife is a fourth degree crime.  Possession of body armor piercing bullets or ammunition is also a fourth degree crime, as is possession of a stun gun.

A criminal conviction for a weapons offense in New Jersey carries very serious consequences, including imprisonment and fines.  The possession of weapons in the course of committing other offenses will also result in enhanced penalties and mandatory minimum prison sentences under certain circumstances.  Therefore, anyone charged with a weapons offense in New Jersey can contact New Jersey criminal defense lawyer Nace Naumoski for representation.

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