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  • Morristown Office 973-309-7050
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Marshall, Bonus, Proetta & Oliver

Morris County

NJ Criminal Defense Lawyers

973-309-7050

Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

Free Consultation

Unlawful Possession of Weapon Lawyer in Morristown NJ

It is well known that New Jersey has some of the harshest gun laws in the entire Country. As you will see below, if you get convicted of N.J.S.A. 2C:39-5 in Morris County, you may be facing a mandatory state prison sentence with a mandatory term of parole ineligibility pursuant to the Graves Act. One thing that is extremely important to understand is that even if you lawfully own a gun in another state, New Jersey will not honor it. That is even the case in where in which an individual has a permit to carry in another state. If you or a loved one has been arrested and charged with possession of a weapon for unlawful purpose, unlawful possession of a weapon, certain persons, aggravated assault or possession of a weapon during the commission of a drug offense in Morris County, New Jersey the Law Office of Jonathan F. Marshall can help. Our office has been representing individuals charged with handgun offenses in Morris County, in towns like Dover, Parsippany, Denville, Madison, Mendham, Montville, Butler, Pequannock and Rockaway of over a decade. Our team of Morris County gun possession lawyers will fight to protect your freedom. If you would like to set up a free consultation with any one of our eight handgun possession defense attorneys then contact our Morristown office at 973.309.7050. Now here is some key information on the offense of unlawful possession of weapon.

N.J.S.A. 2C:39-5: Handgun Possession Lawyers in Dover, New Jersey

The governing statute in New Jersey for unlawful possession of a weapon is N.J.S.A. 2C:39-5. To be convicted of unlawfully possessing a weapon in Morris County, the State must prove beyond a reasonable doubt four material elements. They are as follows:

  • The weapon seized was either a
    1. Machine gun,
    2. Handgun,
    3. Rifle, or
    4. Shotgun
  • The defendant possessed the weapon (actually and/or constructively);
  • The defendant knew the item was in fact a weapon  &
  • The defendant did not have a valid license, identification card or permit to possess the weapon.

What are the Penalties if Caught Possessing a Handgun in New Jersey?

  • Punishment for Possessing a Machine Gun in New Jersey:
    • 2nd Degree Felony:
      • 5 -10 years in New Jersey State Prison
      • $150,000 Fine
    • Falls under the Graves Act
  • Punishment for Possessing a Handgun in New Jersey:
    • 2nd Degree Felony:
      • 5 -10 years in New Jersey State Prison
      • $150,000 Fine
    • Falls under the Graves Act
  • Punishment for Possessing an Air gun, spring gun or pistol or other weapon of similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air, or is ignited by compressed air and ejecting a bullet or missile smaller than an inch in diameter.
    • 3rd Degree Felony
      • 3-5 years in a New Jersey State Prison
      • $15,000 Fine
  • Punishment for Possessing a Rifle / Shotgun in New Jersey:
    • 3rd Degree Felony
      • 3-5 years in a New Jersey State Prison
      • $15,000 Fine
  • Punishments for Possessing “Other” types of  Weapons: Knives, Stun Guns, Clubs, Collapsable Buttons etc.
    • 4th Degree Felony:
      • Up to 18 months in State Prison
      • $10,000 Fine

The Graves Act that is mentioned above in essence requires a Defendant to serve not only a mandatory state prison term but also mandatory parole ineligibility terms as well. For more information on the Graves Act, please checkout out our Morris County, New Jersey Graves Act Waiver practice series by clicking the link.

Gun Possession Defense Attorneys in Morris County NJ

If you or a loved one is caught possessing a handgun in Morris County, in towns like Boonton, Harding, Chester, Washington Township, Dover, Parsippany, Morristown, Randolph, Rockaway or Jefferson, it is imperative that you speak to an experienced criminal defense lawyer immediately. Most weapons possession charges tend to involve some type of search and seizure, therefore, it is important to make sure the criminal defense attorney that you hire has extensive experience in this arena as well. At the Law Office of Jonathan F. Marshall, our team of Morristown, New Jersey handgun possession defense lawyers has the manpower and experience required to fight to protect your freedom. If you would like to set up a free consultation with any one of the eight Morris County criminal defense lawyers on staff, please contact our office at 973.309.7050.