Middlesex County Possession of Prohibited Weapons and Devices Attorneys
Weapons Charges Lawyers with Offices in North and Central New Jersey
New Jersey outlaws numerous items that are considered “Prohibited Weapons and Devices,” the possession of which can result in serious criminal weapons charges and associated penalties. At The Tormey Law Firm, our weapons defense attorneys zealously represent clients charged with possession of prohibited weapons and devices, unlawful possession of a weapon, and possession of a weapon for an unlawful purpose. We regularly appear in courts across New Jersey, including those in Bergen, Middlesex, and Monmouth counties, to achieve our clients the best possible outcomes. Our defense team includes former gun prosecutors and a former member of the Morris County Prosecutor’s Office’s Weapons Forfeiture Unit. We utilize our unique insight into weapons prosecutions to craft the most effective defense strategies for our clients. Contact our offices today at (201)-614-2474 to discuss your case and receive a cost-free consultation.
Possession of Prohibited Weapons and Devices in New Jersey
Under New Jersey law, prohibited weapons include highly lethal items such as sawed-off shotguns, untraceable weapons such as defaced firearms, and often overlooked articles such as armor-penetrating bullets. They also include home-made explosives such as Molotov cocktails. The statute that addresses prohibited weapons and devices is found in section N.J.S.A. 2C:39-3 of the New Jersey Criminal Code. This statute delineates the degree of this type of charge based on the type of weapon associated with the alleged offense.
Possession of Destructive Devices
The law prohibits possession of destructive devices, including any device, instrument, or object designed to explode or produce uncontrolled combustion. Destructive devices include: bombs, mines, grenades, rockets, and missiles. They also include Molotov cocktails and other devices consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited (see diagram above). Possession of a destructive device is a third degree crime, punishable by a sentence to serve between 3 and 5 years in New Jersey State Prison.
Possession of Sawed-Off Shotguns
The law prohibits possession of a sawed-off shotgun, which applies to any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches. Possession of a sawed-off shotgun is a third degree crime, punishable by a sentence to serve between 3 and 5 years in New Jersey State Prison.
Possession of Silencers
The law prohibits possession of a silencer, which means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm. Possession of a silencer is a fourth degree crime, punishable by a sentence to serve up to 18 months in New Jersey State Prison.
Possession of Defaced Firearms
It is unlawful to possess a defaced firearm, which is a firearm that has been altered by means of removing, defacing, covering, or destroying the name of the maker, model designation, manufacturer’s serial number, or any other distinguishing identification mark or number on the firearm. Possession of a defaced firearm is a fourth degree crime, punishable by a sentence to serve up to 18 months in New Jersey State Prison.
Possession of Certain Weapons
“Certain weapons” refers to a broad classification of weapons, encompassing gravity knives, switchblade knives, daggers, dirks, stilettos, billy’s, blackjacks, metal knuckles, sandclubs, slingshots, cestus or similar leather bands studded with metal filings or razor blades imbedded in wood, and ballistic knives. If you possess any of these weapons without an explainable lawful purpose, you may be found guilty of a fourth degree crime, which is punishable by a sentence to serve up to 18 months in New Jersey State Prison.
Possession of Dum-Dum or Body Armor-Penetrating Bullets
This may apply if you are not a law enforcement officer or person engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in your possession any hollow nose or dum-dum bullets, or (2) if you are a person who knowingly has in your possession any body armor-breaching or penetrating ammunition. The criteria for body armor breaching or penetrating ammunition are as follows:
- Ammunition primarily designed for use in a handgun, and
- Comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and
- Therefore capable of breaching or penetrating body armor.
Possession of dum-dum or body armor-penetrating bullets is a fourth degree crime, punishable by a sentence to serve up to 18 months in New Jersey State Prison.
Possession of Stun Guns
The law prohibits possession of a stun gun, including any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person. Possession of a stun gun is a fourth degree crime, punishable by a sentence to serve up to 18 months in New Jersey State Prison.
Possession of Large Capacity Magazines
Per the law in New Jersey, possession of a large capacity magazine, which includes any container, box, tube, or drum capable of containing more than 10 rounds of ammunition to be fed continuously and directly into a semi-automatic firearm, is illegal unless the individual has a registered assault firearm and the magazine is for the purposes of competitive shooting, as allowed by the Director of Civilian Marksmanship of the United States Department of the Army. In all other cases, possession of a high capacity magazine constitutes a crime of the fourth degree, with a potential term of incarceration up to 18 months for those convicted.
Contact our Essex County Possession of Prohibited Weapons Lawyers Today
If you or someone you love has been charged with possession of a prohibited weapon or device, it is critical to begin building your defense as soon as possible. At The Tormey Law Firm, our experience informs the most sophisticated strategies for winning these cases. Contact us today to learn more.