Unlawful Disposition of a Firearm in Middlesex County NJ
New Brunswick Guns and Weapons Defense Lawyers
Possession of weapons and gun laws have long been the subject of much debate in New Jersey and across the country. One thing that is certain and not open to interpretation is the reality that New Jersey has some of the most restrictive gun laws in the United States. These restrictions are far-reaching, from who can own a firearm to how you can transport a firearm lawfully. Ultimately, it is the NJ state government’s intention to control firearms and to regulate the manufacture, sale, and transfer of these items. As such, anyone who interferes with this process or the desired goal can anticipate being prosecuted. If you are someone you love has been charged with a violation of N.J.S.A. 2C:39-9, for unlawful manufacturing, disposition, or defacement of weapons in Middlesex County, you need a knowledgeable attorney now. Gun laws in this state are considered by some to be strict liability crimes, meaning that even if you had no intention to commit a crime, you can be arrested and charged with a weapons offense just by meeting certain statutory criteria. The statute pertaining to the disposition of firearms is no different, making your predicament serious and these legal issues pressing. Keeping this in mind, contact the experienced Middlesex County weapons defense lawyers at Proetta & Oliver to vigorously dispute your pending gun charges in Edison, Old Bridge, East Brunswick, Woodbridge, New Brunswick, or elsewhere in New Jersey. Consultations are free and available immediately. Simply call (732) 659-9600 today.
New Jersey 2C:39-9. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances
This statute makes it unlawful to manufacture certain weapons, ship weapons or ammunition, deface firearms, or transfer weapons, firearms, or ammunition into New Jersey in violation of certain requirements. At the inception of this statute, gun enthusiasts and activists brought suit against the state, asserting that the law violated constitutional rights. But to no avail, the law still stands and anyone familiar with guns should be wary. The prohibition against the transport and manufacturing of certain devices is broken down into several categories. Each restricts what you can or cannot do regarding the subjective property, which includes machine guns, sawed-off shotguns, firearm silencers, and weapons, assault firearms, and large capacity magazines.
Unless you have a license to do so, you cannot ship, transport, sell, dispose of, or manufacture weapons, ammunition or firearms in New Jersey. Those licensed to do so are provided for by statute. Specifically, machine guns cannot be manufactured, sold, or transferred unless done so by a licensed individual. If you do so without a license, you may be found guilty of a third degree crime. For example, if you own a machine gun and want to ship it to your great uncle in another state using UPS, you can be charged with this crime. Similarly, if you manufacture or make a sawed-off shotgun, ship it, dispose of it or transport it, you will be charged with a third degree crime. This also applies to assault firearms. When the item in question is a large capacity magazine, this will be charged as a crime of the fourth degree. This rule also applies to firearm silencers. The crime for transporting such a device is a fourth degree indictable offense. It is also a fourth degree offense to transport certain other weapons such as billies, sandclubs, slingshots, switchblade knives, dirks, tear gas devices, metal knuckles, and other weapons.
Defaced Firearms Charges in NJ
The next section deals with defaced firearms, as firearms also cannot be defaced in New Jersey. If you are in possession of a defaced firearm and you conceal the same, dispose of it, deface it or buy one, you will be charged with a fourth degree felony offense. Firearms are intended to be tracked by serial number and defacing a firearm interferes with regulations concerning the transfer of such items. If convicted of a defaced firearm offense, you will be punished accordingly. The bullets for a defaced firearm or any other type of firearm are regulated as well. As you may have guessed, you also cannot transport, dispose, ship or manufacturer a bullet which is designed for a handgun. There are certain restrictions regarding bullets, such as having a jacket “thicker than .025 of an inch” and capable of piercing body armor. This is a fourth degree crime.
Illegal Sale, Disposition, Shipping, or Transfer of a Firearm in New Jersey
Lastly, the statute prohibits the transport of firearms into New Jersey for a sale or transfer that is not lawful. If you bring a firearm into the state and are caught unlawfully selling it, disposing of it, shipping it, or giving it away, you can be charged with a second degree crime. This provision often comes into play for those who get Pre-Trial Intervention (PTI) for unlawful possession of a weapon and are forced to forfeit the weapon or transfer it to a licensed dealer. Many people charged with possession have licenses in other states but they cannot bring it back to their state because they do not have a license in New Jersey. Under those circumstances, the gun owner can choose to contact a licensed dealer and have him or her pick it up, purchase it, or assign the right to transfer via state lines back to the original owner.
Penalties for N.J.S.A. 2C:39-9 in New Jersey
If you disobey any of the mandates of N.J.S.A. 2C:39-9 and are proven guilty, you face serious consequences, which vary based on the given offense. There is a distinct punishment for each proscribed offense and corresponding degree of crime. If you happen to be charged with the most extreme level under this provision of the law, a second degree, you may be sentenced to state prison time amounting to 5-10 years. This prison time drops to 3-5 years for a third degree indictable offense and 1.5 years for crimes of the fourth. There are also substantial financial penalties that can be imposed, including a discretionary fine of $150,000 for a 2nd degree, $15,000 for a 3rd degree, and $10,000 for a 4th degree crime.
Consult a Firearms Defense Attorney in Edison NJ for Your Unlawful Disposition Case
Regardless of the specific allegations that land you in the back of a police car for a firearm or any other weapon for that matter, we can help defend the case against you. Our attorneys have been appearing on behalf of those facing criminal charges for weapons in Middlesex County Superior Court for over a decade and we are here to assist you. You do not have to try to fight the charges alone or settle for less. Call us now at (732) 659-9600 to go over your case in a free consultation.