Morris County Illegal BB Gun Possession Case Results in Dismissal

Hire a Morristown BB Gun Lawyer to Beat Your Firearm Charge

Have you been arrested and charged with an illegal BB gun, airsoft gun, or pellet gun in Morris County? Do you need a lawyer to fight these charges for you in court in Morristown? You’ve come to the right place. The NJ gun lawyers at the Tormey Law Firm LLC have been handling gun charges throughout NJ with tremendous results for over 18 years. In fact, Mr. Tormey and his team of lawyers have literally handled hundreds of gun cases for very satisfied clients in Morris County, Passaic County, Essex County, and Sussex County. Contact us anytime for immediate assistance and a free initial consultation at 201-614-2474.

Here is a real case we handled in Morris County for a client facing BB gun charges where we were able to avoid jail time and a permanent felony on the client’s record.

Morris County BB Gun Charges – Felony Case in Morris County Superior Court

Travis Tormey recently represented a client in Morris County Superior Court located in Morristown, New Jersey, who was charged with unlawful possession of a BB gun in Mendham. It is hard to believe, but a BB gun is considered a prohibited firearm in New Jersey and requires a permit (firearms ID card) to lawfully possess it. Thus, when a person is found in possession of a BB gun without a proper permit they can be charged with a third degree felony. This is an indictable (felony) level offense in New Jersey punishable by up to five (5) years in New Jersey State prison.

Because this is a felony charge in NJ the case was prosecuted by the Morris County Prosecutor’s office in the Morris County Superior Court, Criminal Division. Before the prosecutor presented the case to a grand jury for an indictment, they listed the case for a pre-indictment conference to see if the case could be resolved.

Our client purchased a BB gun in Pennsylvania lawfully and was driving back to his home in New York when he was stopped by New Jersey State troopers. He purchased the BB gun to play with his brother-in-law in Pennsylvania who goes to different courses on the weekends to shoot the BB guns. Our client was an employed, Rutgers graduate with no prior criminal record.

The Pre-Trial Intervention (PTI) Program for BB Gun, Airsoft Gun, Paintball Gun Charges in Morris County NJ

Fortunately, Mr. Tormey was able to convince the prosecutor, based on the defendant’s exemplary record and lack of prior criminal history, as well as the circumstances of the arrest, that our client was a good candidate for a diversionary program known as Pre-Trial Intervention (“PTI”). PTI is a first time offender program in NJ which allows a defendant to avoid jail time and felony charges on their record if they successfully comply with probation. There will be certain standard conditions of PTI probation like remain arrest free and maintain gainful employment and then there may be certain special conditions imposed on a case by case basis such as community service, drug or alcohol counseling or treatment, mental health evaluations or treatment, and forfeiture of the weapon involved.

Here, we applied the defendant to PTI with Morris County probation, paid the $75 application fee, and did the PTI interview. Then probation and the prosecutor agreed that the client was a good candidate for PTI and should be admitted into the program so the Judge signed an order of postponement suspending the defendant’s charges during their period of probation.

A fantastic outcome in cases like this, the defendant was placed on one (1) year probation and the charges will be dismissed at the end of the probationary period.

After the case is dismissed, the client has no criminal record. They are also eligible to expunge the arrest from their record six (6) months after their PTI is finished.

Facing Mendham NJ BB Gun Charges? Contact Local Mendham NJ Firearms Lawyers to Discuss Your Case

The client could not have been happier with the result and our firm was thrilled to have delivered such a positive outcome. If you or a loved one needs assistance with a firearm charge involving a BB gun, air gun, handgun, rifle, shotgun, or another weapon in Morristown, NJ, contact our offices now at (201)-614-2474 for a free initial consultation.