Newark Man Gets Three Years in Prison for Attempted Trade for AK-47
A Newark man was recently sentenced to more than three years in federal prison for attempting to trade his illegally possessed handgun for an AK-47 rifle.
According to a statement from Acting U.S. Attorney William E. Fitzpatrick, the 29-year-old suspect pleaded guilty to a certain persons offense for illegally possessing a firearm as a convicted felon. This guilty plea resulted in a sentence of 46 months in prison and three years of supervised release. In 2008, the suspect was convicted of a gun possession charge, making him a person who could not lawfully possess a firearm after his release from prison.
Although the most recent weapons offense case involving the suspect was prosecuted in Federal Court under federal law, there are similar New Jersey gun crimes that could have been enforced in New Jersey Superior Court. For example, N.J.S.A. 2C:39-7(b) sets forth that any person having been convicted in New Jersey or elsewhere of a crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidations, endangering the welfare of a child, stalking, weapons offense, or a crime of domestic violence, whether or not armed or having in his possession a weapon, who purchases, owns, possesses, or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole.
Additionally, when it comes to assault weapons, N.J.S.A. 2C:39-5(f) sets forth that any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree, which is punishable by 5-10 years in prison. Under N.J.S.A. 2C:39-1(w), “assault firearm” is any of the following firearms: Algimec AGM1 type, any shotgun with a revolving cylinder such as the “Street Sweeper” or “Striker 12,” Armalite AR-180 type, Australian Automatic Arms SAR, Avtomat Kalashnikov type semi-automatic firearms, Beretta AR-70 and BM59 semi-automatic firearms, Bushmaster Assault Rifle, Calico M-900 Assault carbine and M-900, CETME G3, Chartered Industries of Singapore SR-88 type, Colt AR-15 and CAR-15 series, Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types, Demro TAC-1 carbine type, Encom MP-9 and MP-45 carbine types, FAMAS MAS223 types, FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms, Franchi SPAS 12 and LAW 12 shotguns, G3SA type, Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1, Intratec TEC 9 and 22 semi-automatic firearms, M1 carbine type, M14S type, MAC 10, MAC 11, MAC 11-9mm carbine type firearms, PJK M-68 carbine type, Plainfield Machine Company Carbine, Ruger K-Mini-14/5F and Mini-14/5RF, SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types, SKS with detachable magazine type, Spectre Auto carbine type, Springfield Armory BM59 and SAR-48 type, Sterling MK-6, MK-7 and SAR types, Steyr A.U.G. semi-automatic firearms, USAS 12 semi-automatic type shotgun, Uzi type semi-automatic firearms, Valmet M62, M71S, M76, or M78 type semi-automatic firearms, and Weaver Arm Nighthawk.
Assault Weapons Charges in Newark NJ? Call Us Now
No matter what kind of gun charges you may be facing in New Jersey, whether a certain persons offense, unlawful possession of a weapon, or the possession of a weapon for an unlawful purpose, the experienced firearms defense lawyers at the Tormey Law Firm are ready to fight on your behalf.