Will I Go to Jail for Firearm or Weapon Possession in New Jersey?

January 14, 2023

Will I Go to Jail for Firearm or Weapon Possession in New Jersey?

If convicted of weapon or firearm possession in New Jersey, you can receive costly fines and even prison time. Learn more about New Jersey’s firearm and weapon laws.

What is Section 2C:39-5?

Section 2C:39-5 is a part of the New Jersey Code of Criminal Justice. This section refers to people who are charged with the possession of firearms. The crime doesn’t need to include additional charges, meaning possession alone is enough for jail time. However, if possession of a weapon is used with other criminal charges, the consequences can be even worse.

New Jersey Gun Laws

New Jersey does permit the possession of some types of firearms, as long as owners have a license or permit. Section 2C:39-5 prevents people from owning most weapons without a license or permit.

Here are a few of the consequences you can expect with possession of weapon charges in New Jersey:

  • Possession of a machine gun or handgun without a license: This is a second-degree charge that can lead to up to $150,000 fines and 5-10 years prison.
  • Possession of a rifle, shotgun, handgun with a spring or elastic band: This is a third-degree charge, which can lead to up to $15,000 in fines and between 3-5 years in prison.

Even if you carry a permit or license to own a weapon in another state, you can still be charged in New Jersey. Even if you have a legal New Jersey license but there is a clear purpose to unlawfully use the weapon against another person or their property, you can still be charged with prison time.

Illegal Weapons in New Jersey

Some weapons are illegal in New Jersey, regardless of whether or not you have a license or permit to carry them. A few of these illegal weapons include sawed-off shotguns, defaced firearms, switchblade knives, or slingshots. This list doesn’t apply to law enforcement or members of the armed forces.

If found to be in possession of any of these illegal weapons, you could be met with a third or fourth-degree charge, which includes prison time of between 18 months-5 years.

Prison Time is Possible

The illegal possession or use of weapons in New Jersey can lead to prison time, sometimes up to 10 years in prison. Even if you receive less jail time, you can still expect expensive fines and parole time. New Jersey has taken a strict stance on weapons laws to reduce criminal behaviors that involve weapons.

You don’t even have to use the weapon to be charged. If you’re dealing with potential weapons charges, it’s important to consider your options as illegal possession of a firearm charge could affect your future in many ways. In addition to the potential jail time, a permanent criminal record can have an effect on your career opportunities or even student loan funding options.

A lawyer who is familiar with the state’s weapons laws can help you navigate your charges. The right defense could mean the difference between prison time and a misdemeanor with probation.

Contact an Experienced Marlton Criminal Defense Lawyer About Your Illegal Possession Charges in New Jersey

Were you arrested or charged with illegal possession of a weapon in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The Law Office of John B. Brennan has successfully represented clients charged with weapon possession in Cherry Hill, Medford, Marlton, Moorestown, and throughout New Jersey. Call (856) 446-5123 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 10,000 Lincoln Dr. East, Suite 201, Marlton, NJ 08053.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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