Possession of Assault Firearms Charges in NJ
“In this case we represented a Virginia resident who had his assault weapons in the vehicle with him when he was traveling in New Jersey. Although he was facing 5 years in jail and 42 months mandatory without parole, we were able to keep him out of jail and even keep the felony charges off of his permanent record.”
Arrested with an assault weapon in New Jersey? We can help.
The New Jersey firearms defense lawyers at the Tormey Law Firm successfully handled another gun case in Superior Court, this time in Hunterdon County. Our client, a Virginia resident, was traveling through New Jersey and was pulled over on Route 31. During the course of the traffic stop, our client informed the police that he had a firearm in his trunk that he lawfully possessed in his home state. Unfortunately, New Jersey does not have any exception to its strict gun laws for out-of-state residents and our client was charged with second degree possession of an assault firearm because he did not have a New Jersey permit to possess the gun. The fact of the matter was that our client was merely passing through New Jersey but had a lapse of judgement before he left Virginia, leaving his firearm in his trunk. As a result, our client was facing mandatory prison time without parole eligibility due to the Graves Act. Fortunately, the experienced weapons defense attorneys were able to negotiate an amazing outcome that kept the client out of prison and potentially will result in dismissal of the charges: pretrial intervention for a period of twelve months.
According to N.J.S.A. 2C:39-5(f) any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed pursuant to N.J.S.A. 2C:58-5, registered pursuant to N.J.S.A. 2C:58-12, or rendered inoperable pursuant to N.J.S.A. 2C:58-13. The New Jersey Criminal Code enumerates specific weapons considered to be assault firearms in N.J.S.A. 2C:39-1(w): 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, Weaver Arm Nighthawk.
Additionally, assault firearms include the general categories of any firearm manufactured under any designation which is substantially identical to any of the firearms listed above, a semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock, a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds, and a part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.
Pursuant to N.J.S.A. 2C:39-5(f) anyone who is convicted of the second degree crime of possessing an assault firearm faces five to ten years in prison and the Graves Act sets forth that such defendants must serve a mandatory minimum sentence, with a period of parole ineligibility. And, the Graves Act also applies to first-time offenders who have no criminal history whatsoever. The bottom line is that assault firearms crimes in New Jersey are taken extremely seriously by the criminal justice system and because of the severe consequences it is imperative to contact an experienced firearms defense lawyer at the Tormey Law Firm if you are charged with the unlawful possession of an assault firearm.
With our client’s admission into the PTI first offender program, he must complete non-reporting probation for a period of 12 months and the case will be dismissed. As a result, not only does he avoid the five (5) year mandatory prison sentence (42 months of which must be served before becoming eligible for parole) but he also avoids a permanent felony conviction on his record. Once he completes PTI, he must wait six (6) months and then he will be eligible to expunge the arrest from his record as well. This was a tremendous result for our client and the Tormey Law Firm.
Help, Best Defense to Gun Charges NJ – Can I get PTI?
If you or a loved one needs assistance with a gun case in New Jersey, contact our offices anytime for a free initial consultation at (201)-614-2474.