What Constitutes a Weapons Charge in NJ?

Understanding what constitutes a weapons charge in New Jersey requires knowledge of the state’s strict firearms laws and the various ways prosecutors pursue these cases. New Jersey treats weapons offenses seriously, and convictions often carry mandatory minimum prison sentences.

If police have arrested you or someone you love for a weapons violation, securing experienced legal representation immediately can make the difference between freedom and incarceration. At LACE Law, our weapons charge defense lawyer protects clients throughout New Jersey and fights aggressively to achieve the best possible outcome.

What Counts as a Weapon in New Jersey?

New Jersey defines weapons broadly, extending far beyond traditional firearms to include numerous objects that prosecutors can use to bring charges against you. Our attorney defends clients accused of possessing various prohibited items:

• Handguns and revolvers
• Rifles and shotguns
• Assault firearms
• Machine guns
• Silencers and suppressors
• Stun guns and tasers
• Gravity knives and switchblades
• Brass knuckles
• Sawed-off shotguns
• Large capacity ammunition magazines

What Constitutes a Weapons Charge?

New Jersey law establishes several distinct weapons offenses, each carrying different elements and penalties. The specific charge you face depends on the type of weapon involved, your criminal history, and the circumstances surrounding your arrest.

Unlawful Possession

Carrying a handgun without a valid permit constitutes a second-degree crime under N.J.S.A. 2C:39-5. Prosecutors pursue these charges aggressively, and convictions carry penalties of five to ten years in state prison. The Graves Act imposes mandatory minimum sentences requiring you to serve at least 42 months before becoming eligible for parole.

Prohibited Persons

Some individuals can be charged with serious weapons offenses based solely on firearm possession. Prior felony convictions, domestic violence restraining orders, or specific mental health commitments may classify a person as prohibited. These violations are typically second-degree crimes, punishable by five to ten years in prison and significant fines.

Possession for Unlawful Purposes

When prosecutors believe you possessed a weapon intending to use it against another person or property, they file possession for unlawful purposes charges. A second-degree crime, this offense carries a sentence of five to ten years in prison. Prosecutors must prove your specific intent to secure a conviction.

Possession of Prohibited Weapons

New Jersey bans certain weapons entirely, regardless of permits or licenses. Possessing items like sawed-off shotguns, silencers, or assault firearms constitutes a third-degree crime. Convictions result in three to five years in prison and permanent forfeiture of your right to own firearms.

Unlawful Possession of Rifle/Shotgun (Without Paperwork)

Possessing a rifle or shotgun without a valid Firearms Purchaser Identification Card constitutes a third-degree crime. Even law-abiding citizens who failed to complete proper paperwork face three to five years in prison.

Possession of Defaced Firearm

Owning a firearm with an obliterated or altered serial number violates New Jersey law regardless of how you obtained the weapon. Prosecutors charge this offense as a third-degree crime, carrying three to five years in prison. You face charges even if you did not personally deface the firearm.

Contact a New Jersey Weapons Charge Defense Lawyer Now

Weapons charges demand immediate attention from an attorney who knows how to challenge the prosecution’s evidence and protect your freedom. LACE Law has successfully defended numerous clients against firearms allegations.

As a former prosecutor, our attorney understands the other side of the table and strategies that work in New Jersey courts. Contact LACE Law at (609) 225-4065 to schedule a meeting with a weapons charge defense lawyer who will fight relentlessly to get charges dismissed or reduced.