Four Ways to Commit Weapons Offenses in New Jersey

There are four general ways to be convicted of a Weapons Offense in New Jersey.

2010-12-17

December 17, 2010 (Press-News.org) There are four general ways to be convicted of a Weapons Offense in New Jersey. First, it is illegal to possess certain weapons that are very dangerous. Second, weapons cannot be possessed for an illegal purpose, meaning for the purpose of committing a crime. Third, it is illegal to possess certain weapons without a license or permit. Finally, there are certain people who based on their criminal record cannot have a weapon at all no matter what the circumstances are. This article will explain each of the four general ways to commit a weapons offense in New Jersey as well as the resulting penalties.

Prohibited Weapons

There are certain weapons that a person may not even have in their possession. These are known as prohibited weapons and devices and are considered so dangerous that there is no way to legally possess them. A permit will not be issued for these types of prohibited weapons. Prohibited weapons are divided into groups and possession of weapons in certain groups results in a greater crime. The more dangerous the weapon is, the higher the charge.

For example, it is a 3rd degree crime to knowingly possess any destructive devices or a sawed off shot gun. A conviction of a 3rd degree crime carries a prison sentence of up to 5 years.

However it is a 4th degree crime to knowingly possess:
- Silencers
- Defaced Firearms (except an antique firearm or antique handgun)
- Gravity knife
- Switchblade knife
- Dagger, Dirk
- Stiletto
- Billy
- Blackjack
- Metal knuckle
- Sandclub
- Slingshot
- Cestus
- Ballistic knife
- Any leather band studded with metal filings or razor blades imbedded in wood
- Hollow bullets (those which penetrate bullet proof vests)
- Stun Guns

A conviction of a 4th degree crime carries a prison sentence of up to 18 months. Also keep in mind that for many of these weapons there are exceptions for law enforcement officers, members of the armed forces, and weapons dealers and manufacturers. In addition, the law does not prohibit someone from purchasing hollow bullets and taking them back to his property.

Possession of Weapons for Unlawful Purposes

In New Jersey, a person cannot possess a weapon for an illegal purpose, meaning to commit a crime. Take a look at the following weapons and the charges that apply when a weapon is possessed for an illegal purpose.

It is a 2nd degree crime to possess firearms, explosives or destructive devices with the purpose to use them unlawfully against the person or property of another. A conviction of a 2nd degree crime carries a prison term of 5 to 10 years.

It is a 3nd degree crime to possess any other weapon for the purpose to use it unlawfully against the person or property of another. A conviction of a 3rd degree crime carries a prison term of up to 5 years.

It is a 4th degree crime to possess imitation firearms for the purpose to use them unlawfully against the person or property of another. A conviction of a 4th degree crime carries a prison term of up to 18 months.

Unlawful Possession of Weapons

For those weapons that are permitted under New Jersey law, it is still illegal to possess them without a license or permit. Depending on the weapon you lack a permit for, the charge will either be a third or fourth degree crime. For the following weapons it is a 3rd degree crime which crime carries a prison sentence of 3 to 5 years.
- Machine guns
- Handguns
- Rifles
- Shotgun
- Assault firearm

It is a 4th degree crime to possess any other weapon without a license or permit. A conviction of a 4th degree crime carries a prison sentence of up to 18 months.

It is important to note that even when someone has a permit, there are certain places people are not allowed to have weapons. For example, it is a 3rd degree crime to have any firearms on any part of a school regardless of whether you have the proper permit, and it is a disorderly erson's offense to have an imitation weapon in any part of a school regardless of whether you have a permit. A disorderly persons offense carries penalties of up to 6 months in prison and $1,000 in fines.

Certain Persons not to have Weapons

In New Jersey, there are certain individuals who are not allowed to have weapons at all. For example, any person who has ever been committed to a mental hospital or any person who has ever been convicted of any crime (other than a disorderly persons offense) cannot possess a weapon and will be guilty of a 4th degree crime if they possess a weapon regardless of whether they have a permit. A 4th degree crime carries a prison sentence of up to 18 months.

For those individuals who cannot possess a weapon because they were previously convicted of a crime, depending on the crime the individual was convicted of the possession of a weapon may result in more than a 4th degree crime. For example, it is a 3rd degree crime to possess a weapon if you have ever been convicted of a disorderly persons offense involving Domestic Violence. Additionally, it is actually a second degree crime to possess a weapon if a person has been convicted of:
- Aggravated assault
- Arson
- Burglary
- Escape
- Extortion
- Homicide
- Kidnapping
- Robbery
- Aggravated Sexual Assault Sexual Assault
- Bias
- Intimidation
- Endangering the Welfare of a Child
- Stalking
- Crime involving domestic violence

Weapons during the Commission of a Crime

Finally, it is also illegal to possess a weapon while committing a crime. Under the laws of New Jersey, if a person has a firearm during the course of committing, trying to commit, or conspiring to commit a crime that constitutes a 2nd degree crime. However, if someone has any other weapon besides a firearm in their possession while in the course of committing a crime, that person can also be charged with a 2nd degree crime, but that person must have the intent to use the weapon unlawfully against the person or property of another.

The difference between the two laws is that when someone possesses a firearm during a crime, that is enough to warrant a 2nd degree charge, but when someone possesses any other weapon besides a firearm, they need to have the intent to use it against someone during the crime in order to be charged in the 2nd degree.
New Jersey Weapons Defense Attorney

If you have been charged with a weapons offense in New Jersey or simply have questions about weapons violations in New Jersey, visit www.palumbo-renaud.com for more information pertaining to weapons violations in New Jersey or call 1-866-644-8118 for a free consultation. It is important to obtain an experienced criminal lawyer in weapons offense cases in order to obtain the best possible outcome against your charge.

About the Author

My name is Anthony N. Palumbo and I have been successfully defending people accused of weapons crimes in New Jersey for over thirty five years.

Article provided by Palumbo & Renaud
Visit us at www.palumbo-renaud.com

ELSE PRESS RELEASES FROM THIS DATE:

Domestic Violence and Assault in New Jersey

2010-12-17

The definition of domestic violence is action taken by one partner in a relationship to control the other. Under New Jersey domestic violence laws, when a domestic violence victim dials 911, the alleged offender must be arrested if there is a single sign of physical injury. In such domestic violence cases, a restraining order will usually result frequently coupled with a charge for the physical injury. Domestic violence includes all sorts of actions and can range anywhere from sexual assault, aggravated assault and stalking to name calling or withholding money from a partner. ...

Stages of DUI/DWI in New Jersey

2010-12-17

Traffic Stop & Arrest A DUI/DWI begins with a traffic stop. For an officer to have the right to pull someone over, he must have a reasonable 'articulable' suspicion that a traffic violation has occurred. 'Articulable' means more than just a mere hunch, but a reason that can be put into words. Examples of a proper reason include swerving, speeding, or even a broken tail light. It can be any violation, and if an officer witnesses a violation that is not related to a DUI/DWI, and properly pulls the driver over, that stop will still be proper if the driver is later arrested ...

The Penalties and Stigma of Child Abuse Convictions

2010-12-17

New Jersey Child Abuse Laws In New Jersey, when a person commits an act of child abuse, he will be charged with first or second degree sexual assault. In order to understand the laws on child abuse that are laid out below, it is important to know the meaning of sexual penetration. Sexual penetration is defined as vaginal intercourse, cunnilingus, fellatio, anal intercourse, and insertion of the hand, finger or object into the anus or vagina. It does not matter how deep the penetration is. A little is enough. In New Jersey, an act of sexual penetration must be committed ...

The Run-Down on Minor Marijuana Possession in NJ

2010-12-17

Recently, many states have experienced a trend toward leniency for the simple possession of marijuana without the intent to distribute. In New Jersey, simple possession of less than 50 grams of marijuana is a disorderly persons offense, which is a minor offense, distinguished from the indictable crime of possession of more than 50 grams of marijuana. Possession of less than 50 grams of marijuana carries maximum penalties of up to 6 months in prison and $1,000 in fines, but first time offenders is eligible for a diversionary program known as a Conditional Discharge. Diversionary ...

Shoplifting and Detention Laws in New Jersey

2010-12-17

The 5 Ways to Commit Shoplifting Under the applicable New Jersey statute for shoplifting, N.J.S.A. 2C:20-11, there are five different scenarios in which a person can commit shoplifting in New Jersey. First, shoplifting occurs when a person purposely takes merchandise from a store with the intent to permanently deprive the owner of its benefit. A???Intent to permanently deprive' generally means the intent to not pay for the item. A second way shoplifting occurs is when a person enters a store and purposely hides an item with the intent to take it from the store without ...

Penalties for Child Internet Pornography in NJ

2010-12-17

Ever since the onset of the Internet, there has been a rising sea of issues with respect to child pornography and crimes against children. The privacy offered by the internet has made it easy for people to quietly view child pornography. Child pornography can be purchased or sold on the Internet and the internet provides a forum where adults can meet young children in private and arrange a meeting for a sexual encounter. All too often, the child is unaware that the person whom they are speaking to is an adult. It is common for sex predators to pretend to be children in ...

Two Flawed Options for Consumer Debt Relief Offer Little Help

2010-12-17

To say that Americans have been hard hit by the global economic crisis is an understatement. Since the downward financial spiral began in 2008, many millions of jobs have been lost, unemployment rates have been some of the highest seen since the Great Depression, bankruptcy filings are at an all-time high and there have been a record number of foreclosures of both residential and commercial properties. As more people find themselves struggling to make mortgage payments, unable to pay for medical expenses, facing mounting credit card bills and otherwise living paycheck-to-paycheck ...

Companies Taking The Lead on Distracted Driving

2010-12-17

Florida is currently one of a dwindling number of states that does not regulate the use of cell phones or texting while driving. Each legislative session, bills are proposed which would place restrictions to those who are behind the wheel. Each session these bills fail. Car and truck accidents due to these behaviors continue to rise. With the dangers evident, some businesses are taking steps to prevent their employees from distracted driving. Recently, the Walt Disney Company banned all of its employees from texting while driving. The ban applies whenever the employee ...

Employers Who Fail to Carry Workers' Comp Insurance Face Steep Penalties

2010-12-17

Most employers in Pennsylvania are legally obligated to secure workers' compensation insurance for the benefit of employees. This mandatory system provides benefits for both workers and companies. By providing coverage for workers, those injured on the job will have access to benefits if they become unable to work and need medical care. In exchange, companies are shielded from liability for injuries their employees suffer while working. However, those who fail to maintain workers' comp insurance and who are not exempt from the requirement can face harsh penalties for ...

What Does Increased Technology Mean for Motorist Safety?

2010-12-17

While some people are addicted to their smart phones, which can offer directions, allow users to surf the Internet and keep emails at their fingertips, others marvel at other technologies that are making basic driving frustrations a thing of the past. Consider the latest GPS technology, electronic anti-lock brake systems and maintenance sensors in today's automobiles. With gadgets and advancements that would even make Batman envious, today's drivers may now be able to focus on other issues on the road. As suggested in a recent Massachusetts Institute of Technology (MIT) ...

Four Ways to Commit Weapons Offenses in New Jersey

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: