Passaic County NJ Unlawful Possession of a Weapon Attorney

Defending Individuals Charged with Weapons Offenses in Passaic County, NJ

Being charged with a weapons offense can mean exposure to a lengthy term of incarceration, the majority of which may have to be served without the benefit of parole (depending on the weapon at issue). It can also mean a host of collateral consequences, such as permanent revocation of the right to purchase firearms. Having a skilled, experienced defense attorney fighting on your behalf can make all the difference when it comes to beating your charges.

Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Wayne, Paterson, Totowa, Irvington, Newark, Belleville, Hackensack and Morristown who have been charged with weapons offenses such as unlawful possession of a weapon, certain persons not to have weapons, and possession of a weapon for an unlawful purpose.

Ms. Hascup is a former Assistant County Prosecutor and Special Deputy Attorney General who handled a host matters involving weapons during the course of her distinguished career, such as homicide, robbery, possession of handguns, and certain persons. Contact Ms. Hascup today for an initial consultation, which is always provided free of charge.

Unlawful Possession of a Weapon in New Jersey: N.J.S.A. 2C:39-5

Unlawful Possession of a Weapon is codified under N.J.S.A. 2C:39-5, which provides:

a. 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 is guilty of a crime of the second degree.

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same 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. Otherwise it is a crime of the second degree.

c. Rifles and shotguns.

1. Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card is guilty of a crime of the third degree.

2. Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

e. Firearms or other weapons in educational institutions.

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.

2. Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.A. 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.A. 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.

3. Any person who knowingly has in his possession any imitation 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, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

f. Assault firearms. 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, registered or rendered inoperable.

g. (Exceptions)

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.

i. A person convicted of violating subsection a., b. or f. of this section shall be sentenced by the court to a term of imprisonment, which shall include the imposition of a minimum term during which the defendant shall be ineligible for parole, if the court finds that the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.A. 2C:44-1 ( Organized Criminal Activity ) applies.

New Jersey Unlawful Possession of a Weapon Sentencing Guidelines

Subsections (a), (b), and (c) of the statute are subject to sentencing under the Graves Act, meaning that an individual convicted of such an offense must be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at, or between, one-third to one-half of a sentence imposed, or 3 years, whichever is greater.

A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.

A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.

A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.

Contact a Passaic County NJ Unlawful Possession of a Weapon Defense Lawyer Today

The consequences of a conviction for Unlawful Possession of a Weapon can be severe. Alissa D. Hascup has the experience and the knowledge to help. If you find yourself in a situation where you or a loved one have been charged with a weapons offense, call or email Ms. Hascup without delay.