Driver Allegedly Pulls Shotgun on Route 80 in Roxbury, NJ
Here is a recent firearms incident in Morris County which made the news and resulted in criminal charges against an out of state driver.
A Floridian truck driver was recently accused of pointing a shotgun at another driver who asked him to move his trailer while parked at a rest stop on Route 80 in Roxbury Township, New Jersey. According to the criminal complaints filed in the case, the driver has been charged with aggravated assault for pointing a shotgun at another person, possession of a weapon for an unlawful purpose, and the unlawful possession of a weapon. A search of the truck reportedly yielded a Mossberg 500 12-gauge shotgun and seven shotgun shells. The available information does not indicate whether the shotgun was loaded at the time of the alleged incident.
This case demonstrates the difference between the unlawful possession of a weapon and the possession of a weapon for an unlawful purpose. It’s one thing to merely have a firearm in one’s possession without the proper documentation; it’s quite another to use a weapon or firearm in the commission of a crime against another’s person or property. According to N.J.S.A. 2C:39-4(1), “any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.” Additionally, pursuant to N.J.S.A. 2C:39-5(c), any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.A. 2C:58-3 is guilty of a crime of the third degree. Thus, in this case, the defendant is accused of both possessing a shotgun in New Jersey without having a firearms identification purchaser card and using the shotgun for the unlawful purpose by placing another person in fear of bodily injury.
Pursuant to New Jersey’s Criminal Code, any person charged with the unlawful possession of a shotgun, regardless of the circumstances, is facing a third degree degree crime that subjects the defendant to 3-5 years in prison and a fine of up to $15,000. As for the second degree charge for the possession of a firearm for an unlawful purpose, the penalties include 5-10 years in prison and a fine of up to $150,000. Moreover, N.J.S.A. 2C:43-6, also known as the Graves Act, requires that a person who has been convicted of certain firearms crimes and other crimes while in the possession of a firearm “shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.”
Possession of Weapon for Unlawful Purpose Charges in Roxbury NJ
If you have been charged with a firearms-related offense in New Jersey such as the unlawful possession of a handgun, shotgun, or rifle, the experienced firearms defense lawyers at the Tormey Law Firm can help. Contact us today to learn what can be done to fight your charges.