BB Guns, Airsoft Guns, Pellet Guns
“It is hard to believe, but BB guns, Airsoft guns, and Pellet guns are considered illegal firearms in New Jersey and you must have a firearms ID card to legally purchase them and possess them (outside of your home). If you fail to do so, you can be charged with unlawful possession of a weapon under N.J.S.A. 2C:39-5.”
Firearms Lawyers with offices in Hackensack, New Jersey
Have you been arrested and charged with illegal possession of a BB gun, pellet gun, or airsoft gun in New Jersey and you need a lawyer? You’ve come to the right place.
The firearms defense lawyers at the Tormey Law Firm LLC represent clients charged with bb guns, airsoft guns, pellet guns, and any other firearms offenses in Jersey City, Elizabeth, Newark, and Morristown NJ. In fact, our criminal trial team is composed of several former county prosecutors who previously prosecuted gun charges for the State of NJ: Now they use that expertise and experience to create a comprehensive defense strategy to combat your weapons charges. In addition, our managing partner, Travis J. Tormey, was recently recognized as one of the top 10 criminal lawyers in the State of New Jersey. For immediate assistance, contact our offices anytime at (201)-614-2474. The initial consultation is always provided free of charge.
Here is a review from one of our Bergen County firearms offense cases:
“Worth every penny. Words can not express how pleased I was with my decision to retain Christopher Perry. I had never had any legal issues in the past and had no idea how to proceed. Mr. Perry explained every step with patience and attention to detail, his knowledge and professionalism immediately eased my anxiety. He was attentive and answered every one of my questions immediately to the fullest extent of his abilities. The outcome of my case was ideal and I firmly believe it was entirely due to having Mr. Perry as my attorney. I HIGHLY recommend him to anyone who may find themselves in need of his services and would not hesitate to use him in the future. Words can not express how impressed I was with his services through the entire 9 month process. Look no further you have found your attorney.”
BB Guns, Airsoft Guns, Pellet Guns: Firearms in New Jersey
It’s hard to believe but BB guns, airsoft guns, and pellet guns are categorized as firearms in New Jersey. That’s right. You can go into a sporting goods store in Pennsylvania or a flea market and buy one, bring it to NJ and if you are stopped by police, you will be charged with a felony weapons offense in New Jersey.
Under N.J.S.A. 2C:39-1, the definitions of weapons and firearms include section (f) which provides:
f. “Firearm” means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
As a result, if you are in possession of one of these “weapons” you will be charged under N.J.S.A. 2C:39-5 for unlawful possession of a weapon under subsection (b) which provides:
b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.
This third degree offense is an indictable (felony) level offense punishable by 3-5 years in New Jersey state prison if convicted.
Arrested for a BB gun in New Jersey? We can help
Mr. Tormey and the Tormey Law Firm has successfully handled a number of BB gun and airsoft gun style cases throughout New Jersey. Contact our offices anytime for a free initial consultation at (201)-614-2474.