A 70-year-old Newark man was recently arrested after he allegedly threatened his neighbor with a shotgun. According to Anthony Ambrose, the Newark public safety director, the Newark Police Department responded to a residence in Newark NJ after a report of a man sitting on a porch and brandishing a shotgun while threatening his neighbor. After the authorities arrived at the scene, the suspect was arrested without incident and police reportedly confiscated the weapon. As a result of the events, the suspect was charged with several crimes: aggravated assault, unlawful possession of a shotgun, and possession of a shotgun for an unlawful purpose.
Gun crimes in New Jersey carry strict penalties. For instance, N.J.S.A. 2C:39-4(a)(1) and (2) set forth that the possession of a firearm for an unlawful purpose is a second degree felony. Specifically, the criminal code states: “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” and “any person who possesses, receives, or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court.” The statute further notes: “The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, ‘community gun’ means a firearm that is transferred among, between, or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.”
Second degree crimes in New Jersey are generally punishable by 5-10 years in prison and up to a $150,000 fine. Beyond that, the NJ criminal code also imposes mandatory minimum sentences for a conviction for the possession of a firearm for an unlawful purpose. The bottom line is that any charges for the unlawful possession of a handgun, rifle, or shotgun, or charges for the possession of a handgun, shotgun, or rifle for an unlawful purpose can result in harsh penalties that will drastically impact your life.
If you are facing gun crime charges in New Jersey, there is one law firm you can always turn to for help: The Tormey Law Firm. Our team of experienced criminal defense lawyers have successfully defended firearms cases in Superior Courts throughout New Jersey. We are only one call away from fighting for you and defending you against your gun possession charges.