A routine traffic stop in Clifton yesterday yielded a handgun and marijuana. According to authorities, police were patrolling Route 46 and Valley Road when they observed a suspicious vehicle enter the parking lot of the St. Philip the Apostle parking lot early Tuesday morning. According to police, the vehicle allegedly had an expired registration. In addition, police allegedly noticed several indicators of drugs in the vehicle. A search lead to the discovery of a 9mm handgun in the center console. Angelo Smith, 36 of Paterson and Shalon Burgess, 26, of Brooklyn were charged with unlawful possession of a firearm, unlawful possession of a handgun, possession of marijuana and possession of a controlled dangerous substance. Click here to read more at www.dailyvoice.com.
N.J.S.A. 2C:39-5(b) provides:
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.
The penalties for possession of handgun can be severe. 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.
- If you are convicted under this subsection, you are subject to sentencing under the Grave’s Act which means that you 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 sentenced imposed, or 3 years, whichever is greater.
If you or a loved one is charged with unlawful possession of a weapon, you should contact a criminal defense attorney immediately. Criminal defense lawyer, Alissa D. Hascup is skilled and experienced at representing individuals charged with all weapons offenses throughout the state of New Jersey in towns like Paterson, Clifton, and Wayne. She is committed to ensuring your rights are protected in court and that you achieve the best possible outcome for your case. Don’t risk your freedom. Contact her office for a free consultation about your case. She is available 24/7 at 862-257-1200.
