Possessing a Machine Gun without a License in NJ

Charged with 2nd Degree Illegal Machine Gun in New Jersey

A machine gun is a fully automatic firearm that is designed to fire bullets, also known as rounds, in rapid succession. Unlike semi-automatic weapons, which fire one bullet per trigger pull, machine guns are designed to fire for as long as the trigger is held down. Due to their innate design features, machine guns are extremely lethal devices, often used during times of war to kill as many of the enemy as possible. New Jersey prohibits the unlawful possession of a machine gun and makes it incredibly difficult to obtain a permit for a machine gun. If you are found in possession of a machine gun without a valid permit, you may be sentenced to between 5 and 10 years of incarceration, with a mandatory minimum period of parole ineligibility. In this precarious position, it is extremely risky to leave your freedom hanging in the balance. An experienced and aggressive defense attorney can mount a compelling defense on your behalf and position you for the best possible outcome.

At The Tormey Law Firm, our talented New Jersey weapons attorneys successfully defend those charged with possessing a machine gun without a license in Toms River, Jackson, Freehold, New Brunswick, Morristown, Elizabeth, Newark, and across the state. With a concentration in NJ weapons laws and defense, we handle all manner of criminal weapons offenses such as possession of a weapon for an unlawful purpose and unlawful disposition of a firearm using our extensive knowledge and background in this complex area of criminal law to fight for our clients’ freedom. Our founder Travis J. Tormey, has achieved the highest possible rating on Avvo.com, as well as the Avvo.com Client’s Choice Award every year for over a decade. He was also named among the Top 10 Criminal Attorneys under 40 in New Jersey by the National Academy of Criminal Defense Attorneys. Mr. Tormey is joined by former gun prosecutors, former members of the U.S. Attorney’s Office, and a former member of the Morris County Prosecutor’s Office’s Weapons Forfeiture Unit to form a powerful weapons defense team that has achieved countless positive outcomes in courts across New Jersey, including in Passaic, Hudson, Middlesex, Camden, and Bergen counties. To receive a cost-free consultation about your illegal machine gun charge case, contact us at (201)-614-2474.

Definition of Machine Guns under New Jersey Law

According to N.J.S.A. 2C:39-1, the term “machine gun” can apply to “any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.”

NJ Statute Section 2C:39-5a Governing Illegal Machine Gun Possession Offenses

In New Jersey, it is illegal to possess a machine gun, or any instrument or device adaptable for use as a machine gun, unless you are issued a specific license to do so. Criminal charges for machine guns can also be filed against anyone who manufactures, ships, or transports one of these weapons unlawfully. If you are found in possession of a machine gun illegally, you may be charged with unlawful possession of a machine gun, which is codified in section N.J.S.A. 2C:39-5(a). In order for the state to obtain a conviction, the prosecution must satisfy three critical elements. First, they must prove that the weapon in question meets the definition of a machine gun or is adaptable to become a machine gun. Second, the prosecutor needs to establish that the individual knowingly possessed the machine gun. Third, it must be proven that the person in possession of a machine gun was unlicensed in New Jersey.

Penalties for Unlicensed Machine Guns in New Jersey

Under this section of the statute, unlawful possession of a machine gun is a second degree crime, punishable by a sentence to serve between 5 and 10 years in New Jersey State Prison and a maximum fine of $150,000. Further, unlawful possession of a machine gun is governed by New Jersey’s Graves Act, which requires the imposition of a minimum term of imprisonment with a mandatory period of parole ineligibility fixed at or between one-third and one-half of the sentence imposed, or 42 months, whichever is greater. However, your attorney may be able to help you obtain a waiver of the mandatory minimums associated with the Graves Act. In these cases, your lawyer must present a compelling narrative in your favor to convince the prosecutor and the judge to allow you to avoid prison time or be sentenced to lesser consequences.

Our defense lawyers at The Tormey Law Firm can determine your eligibility for a Graves Act Waiver and if you are a good candidate, we can prepare a package of compelling reasons to show that the mandatory sentence is not in the interests of justice, and advocate for an alternative option like Pre-Trial Intervention Program admission or probation. This is no easy feat, but our team has established a lengthy track record of success by handling guns and weapons cases on a weekly basis in counties throughout New Jersey.

Steps to Obtain a Machine Gun License in New Jersey

New Jersey law is extremely restrictive with regard to issuing licenses for machine guns. Similar to the licensing policy for assault weapons, in order to qualify for a machine gun license, you must meet the necessary requirements to obtain a Permit to Carry a Handgun and demonstrate that the public safety and welfare requires the issuance of such a license. All of the personal information, criminal history, mental health records data, references, and other demands involved in the process to obtain a permit must be completed by the person applying for the license. The application for a machine gun permit must be submitted to the Superior Court in your county of residence or the Superior Court of the county in which your business is located if you are not a resident of New Jersey. Then, the application is referred to the prosecutor, who thoroughly investigates the application, decides on their recommendation, and submits a report to the court for review.

The County prosecutor’s report must also be provided to the chief of police and superintendent in all municipalities in which the petitioner for machine gun license wants to carry the weapon. Then, law enforcement has the option to come to court to express their opposition to the person receiving the license. They can also appeal a machine gun license that the court decides to issue. If you are, in fact, granted a machine gun license, you must undergo the application process every year to renew it. However, the issuance of a license to possess a machine gun is a rarity in New Jersey.

When a licensed firearms dealer completes the sale or transfer of a machine gun to someone in New Jersey, they must also abide by strict rules. The buyer’s identity must be verified, and so too must their license. All dealers must maintain records of machine gun transactions, including instances in which they receive, sell, transfer, or dispose of machine guns.

Speak with an Edison Attorney if You were Caught with a Machine Gun in NJ

If you have questions regarding machine gun laws in New Jersey or you are facing criminal charges related to illegal possession, purchasing, transporting, or manufacturing of a machine gun, contact our New Jersey weapons defense attorneys for immediate answers and a free consultation. We are fully equipped to navigate the challenges of the legal process when you are facing unrelenting prosecutors and extreme consequences for machine gun charges. Call (201)-614-2474 today for a free consultation with a lawyer who can assist you immediately.