Passaic County and Morris County NJ Defense Attorney for Possession of Prohibited Weapons and Devices

Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Paterson, Passaic, Totowa, Wayne, Morristown, Dover, Denville, and Boonton, who have been charged with weapons offenses such as illegal possession of a handgun, certain persons offenses, and possession of prohibited weapons and devices. .

Ms. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former Assistant County Prosecutor and Special Deputy Attorney General, who handled a host of matters involving weapons, such as possession of a weapon for an unlawful purpose and armed burglary during the course of her distinguished career.  Now she is fighting for you.

Being charged with possession of a prohibited weapon or device in the State of New Jersey means potential exposure to a lengthy term of incarceration in New Jersey State Prison, a large portion of which may have to be served without the benefit of parole. It also means potential exposure to a host of collateral consequences, including a permanent prohibition against weapons ownership. Having an experienced, aggressive defense lawyer who is prepared to attack the State’s case, can mean all the difference. Contact Ms. Hascup anytime at 862-257-1200 for an initial consultation, which is always provided free of charge.

Possession of Prohibited Weapons and Devices in New Jersey: N.J.S.A. 2C:39-3

Possession of Prohibited Weapons and Devices is codified under N.J.S.A. 2C:39-3, which provides:

a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.

c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

d. Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

f. Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer, who knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any person, other than a collector of firearms or ammunition as curios or relics and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and (c) is therefore capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.

g. (Exceptions.)

h. Stun guns. Any person who knowingly has in his possession any stun gun is guilty of a crime of the fourth degree.

i. Nothing in subsection e. of this section shall be construed to prevent any guard in the employ of a private security company, who is licensed to carry a firearm, from the possession of a nightstick when in the actual performance of his official duties, provided that he has satisfactorily completed a training course approved by the Police Training Commission in the use of a nightstick.

j. Any person who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the person has registered an assault firearm and the magazine is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army.

k. Handcuffs. Any person who knowingly has in his possession handcuffs, under circumstances not manifestly appropriate for such lawful uses as handcuffs may have, is guilty of a disorderly persons offense.

A law enforcement officer shall confiscate handcuffs possessed in violation of the law.

New Jersey Sentencing Provisions for Possession of Prohibited Weapons and Devices

Subsections (b) and (d) of the statute are subject to sentencing under the Graves Act, meaning that an individual convicted 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 (or 18 months in cases involving crimes of the fourth degree).

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.

A disorderly persons offense is punishable by a term of imprisonment of up to 6 months in the county jail.

Contact a Totowa NJ Possession of Prohibited Weapons and Devices Lawyer

The consequences of a conviction for Possession of a Prohibited Weapon or Device can be severe. If you find yourself in a situation where you or a loved one have been charged with a weapons offense as a result of a domestic violence or other related incident, Alissa D. Hascup can help. Call or email Ms. Hascup’s office today.