There are five (5) core weapons offenses that an person can face in Hunterdon County. The majority are heard at the Hunterdon County Superior Court in Flemington because they are indictable felony criminal offenses). If you got arrested in Raritan Township, Readington, Lebanon, Tewksbury, Clinton Township or another local municipality on charges of possession of an illegal weapon, you need the best defense lawyer to handle your charge. It could mean the difference between years behind bars and freedom.
Possession of a Prohibited Weapon or Device Pursuant to N.J.S.A. 2C:39-3
Which weapons are illegal? The New Jersey statute N.J.S.A. 2C:39-3 provides the starting point for the answer:
Destructive Devices. Explosive-type objects or instruments including bombs, rockets, grenades, projectiles greater than 60 caliber, Molotov cocktails and other combustible devices. Possession is a third-degree crime.
Sawed-Off Shotguns. A shot gun is “sawed off” when its barrel is shorter than 18 inches. A rifle is sawed off and also illegal if shorter than 16”. Possession of either weapon results in a third-degree offense if shorter than 26 inches in total length.
Silencer. It is a fourth-degree crime to have a silencer.
Defaced Firearm. Customarily, people will deface a firearm to obscure the serial number. It is a fourth-degree offense to be have a firearm that is defaced.
Dum-dum or body armor penetrating bullets. It is illegal to have ammunition that is hollow tipped, teflon coated or otherwise designed to pierce bullet proof vests or body armor. This a fourth-degree offense.
Large Capacity Magazine. Possession of a high capacity magazine for holding ammunition is illegal and exposes the possessor to a fourth-degree offense.
Stun Guns. It is a fourth-degree crime in New Jersey to own a stun gun.
Other Illegal Devices. Items such as switchblades, brass knuckles and Billy clubs are illegal. You can face a fourth-degree crime for possessing these prohibited items.
Handcuffs. This is a disorderly persons offense. It is a misdemeanor crime to have handcuffs under circumstances not appropriate for lawful use.
Imitation Firearm. To possess an imitation firearm and threaten or use it against another person or property is a fourth-degree offense.
Possession of a Handgun without a Carry Permit. This is a second-degree offense that could get you 5-10 years in prison. There is a mandatory minimum term at the time of sentencing. It is a period of parole ineligibility. Possession of a handgun is a third-degree crime if the weapon is a BB, airsoft or pellet gun propelled by air or a spring.
“Certain Persons” Not To Possess a Weapon Pursuant to 2C:39-7
If you have a criminal conviction for certain offenses, then you are ineligible to possess a weapon in Hunterdon County. Possession of a firearm by “certain persons” is a second-degree offense..
The Graves Act and Your Hunterdon County Weapons Offense
New Jersey has strict legislation that applies when firearms are used in the commission of a crime. One of the strongest of these statutes is the Graves Act. This act imposes mandatory periods of parole ineligibility whenever a person is convicted of a criminal offense that involves illegal possession or use of a handgun or other firearm. A knowledgeable weapons offense defense lawyer is a must for someone looking to take advantage of the exception to this law.
Handgun Possession Defense Lawyers in Flemington NJ
Flemington is a hot spot for weapon offenses in the area, because these cases fall within the jurisdiction of the Hunterdon County Superior Court. If you got charged with a weapon crime, our attorneys are ready to defend you. For a free consultation with one our lawyers, call us now.
Spodek Law Group defends weapon charges in Hunterdon County including in Flemington, Raritan Township, Readington, Clinton Township, Lebanon, East Amwell, Lambertville, Union Township, Tewksbury, Holland, Bethlehem, High Bridge, Hampton and Frenchtown.
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