Weapons Charges Defense Attorneys with Offices in Essex County, New Jersey
Defaced Firearms in New Jersey
Definition of a Defaced Firearm
According to section N.J.S.A. 2C:39-1, which includes definitions of critical terms related to New Jersey Weapons Law, “deface” means to remove, deface, cover, alter, or destroy the name of the maker, model designation, manufacturer’s serial number or any other distinguishing identification mark or number on any firearm.
Serial numbers are unique identifiers, and for firearms, they are issued by the manufacturers and not government agencies. There are multiple reasons why serial numbers exist on firearms and are important in the United States. The first reason is to prevent counterfeit, or fraudulent, firearms from being bought and sold in the United States. This is mainly why manufacturers issue serial numbers. Secondary reasons, however, can be more helpful to law enforcement. Serial numbers are also able to tell law enforcement who the actual owner of the firearm is. They can also help to locate weapons in the United States and even connect guns to their owners when police are investigating crimes.
The serial numbers on firearms are usually located on the firearm’s handle, slide, trigger guard or receiver. Other key information on the firearm includes where the firearm was made, when it was made, the type of firearm, and who manufactured the firearm. None of this information can be concealed, removed, filed off, or stripped from the firearm. Doing so is a violation of New Jersey law, as is possessing a defaced gun.
Possession of a Defaced Firearm
In New Jersey, it is unlawful to possess a defaced firearm. Possession of a defaced firearm is considered a violation of N.J.S.A. 2C:39-3, which addresses Prohibited Weapons and Devices. A violation of this section is classified as a fourth degree crime when the offense involves a defaced firearm. As such, a conviction may result in a sentence to serve up to 18 months in New Jersey State Prison. This crime is also subject to mandatory minimum sentencing requirements under the Graves Act, which requires those convicted of fourth degree gun crimes to serve 18 months in prison before reaching parole eligibility.
The state has three main elements that they have to prove when charging someone with this crime. First, they must show that the firearm in question is actually a firearm as it is defined in the statute. Second, they must show that the firearm was actually defaced as it is defined in the statute, meaning that the serial number was altered, removed, destroyed, or covered in some way. Third, the state must prove that you knowingly possessed the alleged firearm, meaning you were aware that you had control over the firearm.
Defacing a Firearm and Other Offenses
As outlined in section N.J.S.A. 2C:39-9, it is also illegal to deface a firearm in New Jersey. According to this law, “Any person who defaces any firearm is guilty of a crime of the third degree.” Third degree crimes entail a prison sentence ranging from 3 to 5 years. This offense is also governed by the Graves Act, which mandates that convicted offenders of first, second, and third degree crimes serve one-half of their sentence or 42 months, the longer of the two being required, before being considered for parole.
New Jersey also prohibits buying, receiving, disposing of, or concealing a defaced firearm. Under N.J.S.A. 2C:39-9, any of the aforementioned acts is considered a fourth degree crime, punishable by a maximum term of incarceration of 18 months.
Common Reasons Why People are Charged with Defaced Firearms
Defaced firearms are very common on the black market for a number of reasons, but mainly because of supply and demand. If a firearm is defaced, it usually means that it is stolen, or has been involved in a crime. If that is the case, those who possess such a gun may be driven to provide the firearm to someone else as quickly as possible. People buy defaced weapons, usually because the firearm is considered to be untraceable. Either way, individuals may deface firearms because they do not want the firearm to be traced to a particular crime, location, or person.
However, many people also come across defaced firearms inadvertently. There are several ways someone can inadvertently come across a defaced firearm. Many times, these guns can be left as an inheritance to someone from a relative. In addition, though prohibited from selling defaced weapons, licensed firearms dealers and others may sell the weapons. Even though it is illegal, it still happens and the purchaser of the gun is sometimes unaware that the firearm is considered defaced. Lastly, if someone sends their firearm to get cleaned or refinished by a gunsmith, it is possible that the serial number was rubbed off with a file in the process of refinishing the firearm.
There are some firearms that one may acquire that may have serial numbers that are defaced which can subject the owner or one in possession of such a firearm to criminal penalty even if the person in possession of the defaced firearm did not actually deface the firearm. This is the case even if the firearm was otherwise lawfully obtained. Check your firearms closely, especially the serial number. Once you realize the firearm you are in possession of has a defaced firearm, you need to take the appropriate legal steps to get rid of it otherwise risk facing criminal penalty. The fact that you never used a defaced firearm is not a defense to possession.
Ways to Beat Defaced Firearm Charges
A somewhat popular and successful defense to a defaced firearm charge is that the concealment of the serial number on the firearm is due to normal wear and tear. However, there is a lengthy list of procedural defenses that may be viable when facing a charge like this. These defenses include illegal searches, illegal seizures, failing to provide Miranda rights before interrogation, improper suspect line-ups, false or impeachable evidence, bias, or even chain of custody issues.
Frequently Asked Questions About Defaced Firearms in New Jersey
What is a defaced firearm?
A defaced firearm is defined in NJSA 2C:39-1 as a firearm with the name of the manufacturer, model, design name, or serial number damaged.
What if I find out afterwards that my firearm is defaced?
If you come to acquire a firearm and discover that it is defaced after you obtain lawful possession, it is best to contact an attorney for further guidance. Best practice is to voluntarily surrender the firearm to law enforcement to avoid criminal prosecution.
What if I obtained the firearm legally from outside of New Jersey?
The way you would come into possession of a firearm that is defaced is of no consequence. Even if lawfully obtained, and even if it would have been lawful for you to possess such a firearm in another state, the fact remains that being in mere possession of a defaced firearm, regardless of your intention, is in and of itself a criminal ‘act’ which is referred to more formally as malum prohibitum. If you become charged with a firearm offense, even if possessory’ in nature, such as unlawfully possessing a defaced firearm, it is best to have an attorney guide you through the complicated legal process that may potentially await you.
What happens if I get caught with a defaced firearm?
If you are caught with a defaced firearm, you are facing a felony charge, or what New Jersey calls an ‘indictable offense’. The charge is serious and carries with it the possibility of serving years in New Jersey State Prison if convicted along with paying significant fines to the court. You would go through the process of litigation, meaning you would appear in Court either in person or virtually and be presented with discovery, or evidence, that the prosecutor would use to prove their case against you as well as made any plea offers to try and resolve the case. If you have to go to court due to being charged with this possessory felony offense, you are strongly advised to contact an attorney to discuss the particulars of your case and potential defenses.
What can I do to defend myself if I am charged?
There are several ways you can defend yourself if you are charged with being in possession of a defaced firearm. First, is the firearm ‘defaced’? That is a technical question that can result in a favorable outcome depending on the configuration of the alleged firearm that is ‘defaced’ and there are ways to challenge the charge on those grounds. In addition, how the firearm was discovered matters. There may be procedural issues concerning how the firearm was discovered, which can result in a favorable outcome depending on the particular facts and circumstances of your case. To best know what defense(s) may apply, and how, it is best to speak to an attorney who can guide you on how to proceed with handling your criminal case.
I didn’t use the firearm for any illegal reason. Does that matter?
Being in mere possession of a firearm that is ‘defaced’ is the crime. The fact that you didn’t use it to commit a crime or cause bodily injury does not act as a defense to the charge itself. It may act as a mitigating factor in determining whether you can get into certain programs to avoid further prosecution but does not absolve the person charged with criminal liability. In fact, if there is evidence that you used the defaced firearm unlawfully or threatened to do so, then you would only be facing additional criminal culpability, such as possession of a firearm for unlawful purpose, which is more severe of a felony charge than just being in unlawful possession
of a defaced firearm. Don’t let the fact that you didn’t have an unlawful purpose act as a reason to explain yourself to law enforcement, either. You have a right to remain silent. People often talk themselves into more trouble and not out of trouble. Protect your rights and don’t speak about the accusation until you first speak with an attorney who can advocate on your behalf.
I’m not a US citizen. Can this impact my immigration status?
Not being a US Citizen adds another level of complexity to anyone who is accused of committing criminal offenses, even if those offenses are possessory in nature. Your ability to become a naturalized citizen can be compromised because you were charged criminally and the way the case is resolved can impact your future ability to become a US Citizen or even permanent resident. It is best to contact an immigration attorney who can better explain the potential consequences you may face as a non-US Citizen if you are charged with committing an offense such as being in possession of a defaced firearm.
Contact our Newark Defaced Gun Attorneys for a Free Consultation
When faced with a charge as serious as possession of a defaced weapon or defacing a gun in New Jersey, it is crucial to retain an attorney that is experienced in gun defense. Our talented team of NJ gun lawyers has not only handled charges such as possession of a defaced weapon, but many others such as possession and manufacturing of ghost guns, charges for hollow-point bullets, and even weapons trafficking cases that cross state lines. We are highly attuned to all of the procedural issues that may arise in the prosecution’s case against you, as well as the impact on sentencing that minor details may play. Our weapons defense attorneys know exactly what is important in order to maintain your freedom before, during, and after the trial is over. No matter where you were charged with a defaced firearm in New Jersey, whether it be Ocean County, Monmouth County, Union County, Bergen County, Hudson County, Passaic County, or another county, our gun defense attorneys will do everything in our power to ensure the case ends with a favorable outcome.