Offenses can be considered a criminal sale of a firearm in the 3rd degree, if and when an individual isn’t legally authorized to possess the firearm, and either sells it, gives it, exchanges it, or has the intent to sell it.
If police uncover a weapon during a search, then one way to defend against the charge of criminal possession of a weapon is to challenge the search which uncovered the weapon. There are rules the police have to follow in order to stop and search your person, or house. If police don’t follow the rules, the court can determine the search was unlawful. If that happens, the case against you can be dismissed. In addition, if you can challenge any element of the crime, then you’re able to weaken the prosecutions case against you.