Weapons Charges Defense Attorneys with Offices in Morris County, New Jersey
Both Federal and State laws regarding assault weapons are constantly changing, with newly proposed laws and shifting policies that may alter your legal rights and responsibilities at any time. In order to ensure that you remain in compliance with all State and Federal laws regarding assault weapons, you must have access to current information. In the case that you are accused of unlawfully possessing an assault weapon, the consequences can be severe. As such, it is highly advisable to enlist an experienced and aggressive defense attorney who can advocate for your rights.
At The Tormey Law Firm, our seasoned New Jersey weapons attorneys regularly represent clients facing criminal weapons charges ranging from unlawful possession of a weapon to possession of a weapon on school grounds. Led by founder Travis J. Tormey, who was recently named among the top 10 Criminal Attorneys in New Jersey by the American Jurist Institute, our weapons defense team includes former gun prosecutors, former members of the U.S. Attorney’s Office, and a former member of the Morris County Prosecutor’s Office’s Weapons Forfeiture Unit. With our unique insight into weapons prosecutions, we successfully resolve cases in courts across the State, including in Morris, Bergen, Union, and Somerset counties. To speak with one of our knowledgeable attorneys today, contact us at (201)-614-2474 for a cost-free consultation.
Assault Weapons in New Jersey
In New Jersey, it is illegal to possess an assault weapon unless you are issued a specific license to possess the weapon, or it is registered or rendered inoperable. The criteria for an assault weapon are outlined in section N.J.S.2C:39-1, which includes a list of over 50 firearms, as well as the following weapons:
- A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock;
- A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or
- A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.
Unlawful Possession of an Assault Weapon
If you are found to possess an assault weapon unlawfully, you may be charged with unlawful possession of a weapon, which is codified in section N.J.S.A. 2C:39-5. Under this statute, unlawful possession of an assault firearm is a second degree crime, punishable by a sentence to serve between 5 and 10 years in New Jersey State Prison. In addition, unlawful possession of an assault firearm is subject to the stringent sentencing guidelines of New Jersey’s Graves Act, which requires the imposition of a minimum term of imprisonment with a mandatory period of parole ineligibility fixed at or between one-third and one-half of the sentence imposed, or 3 years, whichever is greater.
Assault Weapon Licenses in New Jersey
New Jersey law is extremely restrictive with regard to issuing licenses for assault weapons. In order to qualify for an assault weapon license, you must meet the criteria necessary to obtain a Permit to Carry a Handgun and demonstrate that the public safety and welfare requires the issuance of such a license. Similar to a handgun carry permit, you must undergo the application process every 2 years in order to renew an assault weapon license.
Contact our Morristown Assault Weapons Lawyers for Answers
If you have questions regarding assault weapons in New Jersey or you are facing criminal charges related to illegal possession or purchasing of an assault weapon or firearm, contact our New Jersey weapons attorneys for immediate answers and a free consultation. Call (201)-614-2474 today.