Unlawful Disposition of a Firearm Charges in New Jersey
“Unlawful disposition of a firearms charges in New Jersey are codified under N.J.S.A. 2C:39-9. This statute governs the illegal manufacture, transport, disposition or defacing of weapons. These are typically graded as either third degree or fourth degree crimes in NJ. A third degree crime is punishable by 3-5 years in prison while a fourth degree crime is punishable by a maximum of 18 months in state prison.”
Unlawful Disposition of a Firearm Attorneys in Jersey City NJ
New Jersey’s gun laws are not just tough; they are among the strictest in the nation. There is zero tolerance for the illegal use, disposal, manufacture, sale, transference, or transportation of firearms, all of which fall under the category of unlawful disposition of firearms. This underscores the importance of strict compliance with these laws. Whether you were intending to commit a crime or simply in possession of a firearm, you can be charged with a felony, and your record will follow you for the rest of your life. This is a stark reminder of the severity of New Jersey’s gun laws and the potential lifelong consequences of violating them. In New Jersey, “disposition of weapons,” doesn’t simply mean one thing. In fact, this crime covers the illegal manufacture, shipping, sale, transfer, and transportation of firearms and other dangerous instruments. Understanding these definitions is crucial to ensure you are not unintentionally violating the law.
Have you been charged with unlawful disposition of a firearm in New Jersey? We can help. The firearms defense lawyers at the Tormey Law Firm LLC represent clients charged with this serious crime as well as other weapons offenses including unlawful possession of a firearm, possession of a weapon for an unlawful purpose, and illegal BB gun possession in Morristown, Newark, Jersey City, Toms River, Freehold, Hackensack and other areas throughout New Jersey. In fact, our criminal defense team is composed of several former gun prosecutors who know use their experience and expertise to defend our clients charged with these same offenses. In addition, our managing partner, Travis J. Tormey, was recently recognized as one of the top 10 criminal lawyers in the State of New Jersey. Contact our offices anytime for immediate attention at (201)-614-2474. The initial consultation is always provided at no cost to you.
Here is a review from one of the many satisfied clients of the Tormey Law Firm LLC:
“I was extremely happy with the performance, support and professionalism of Travis Tormey in my son’s recent court case. Before we even hired him he consulted with us via telephone and spent a considerable amount of time answering our questions and giving us additional information. Once hired, he was truthful at all times at what my son was up against. Travis truly worked to secure what was in my son’s best interest. He got charges reduced and fines lessened. I have gone on to recommend Travis to 2 other friends who have been just as happy with him.” 5 stars – Ellen
Unlawful Disposition of a Firearm: N.J.S.A. 2C:39-9
Unlawful disposition of a firearms charges in New Jersey are codified under N.J.S.A. 2C:39-9. This statute governs the illegal manufacture, transport, disposition or defacing of weapons.
Subsection (a) governs machine guns: It is illegal to manufacture, ship, transport, sell or dispose of a machine gun without a proper license to do so. This is a third degree offense punishable by 3-5 years in jail.
Subsection (b) governs sawed-off shotguns: It is illegal to manufacture, ship, transport, sell or dispose of a sawed-off shotgun. This is a third degree offense punishable by 3-5 years in jail.
Subsection (c) governs firearms silencers: It is illegal to manufacture, ship, transport, sell or dispose of any firearm silencer. This is a fourth degree offense punishable by up to 18 months in prison.
Subsection (d) governs other weapons including knives, daggers, brass knuckles, clubs, tear gas emitting weapons, etc. It is illegal to manufacture, ship, transport, sell any of these weapons without a proper license to do so. This is a fourth degree offense punishable by up to 18 months in prison.
Subsection (e) governs defacing firearms: Defacing a firearms is crime of the third degree punishable by 3-5 years in prison. Buying, concealing, receiving, or disposing of a defaced firearm is a fourth degree crime punishable by 18 months in prison.
Subsection (f) governs illegal bullets: Anyone who manufactures, ships, transports, sells or disposes of any illegal bullets is guilty of a fourth degree offense. A fourth degree offense is punishable by up to 18 months in prison.
Subsection (g) governs assault firearms: It is illegal to manufacture, ship, transport, sell or dispose of any assault firearms without a proper license to do so. This is a third degree offense punishable by 3-5 years in jail.
Legal Analysis of Illegal Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances in NJ
This statute discusses the transport, disposition, manufacture, or defacing of weapons. Firearm silencers and sawed-off shotguns are prohibited without exception. Machine guns are permitted when the owner has a license to do so (although this is very rare), and the weapon is registered. The transport, disposition, manufacture, or defacing of weapons that are not firearms but are considered illegal without a license include gravity knives, switchblades, daggers, brass knuckles, clubs, tear gas, and slingshots, among others.
Defacing a firearm means altering the serial number on the weapon or destroying it to the extent that it is illegible. Buying, receiving, selling, or owning a firearm that has been defaced can result in charges. The only exception in this case is antique guns whose serial numbers have become illegible due to wear and tear.
Possessing, selling, manufacturing, disposing, and transporting armor-piercing or illegal bullets other than those used for military purposes or law enforcement is prohibited. Similarly, civilians cannot use large-capacity ammunition magazines; military personnel and law enforcement officers are allowed to use them. There is a specific exception: if a gun collector has permission through their pistol club organized by the National Board for the Promotion of Rifle Practice, duly registered with the superintendent of the State Police, and the ammunition is carried in a locked box, separate from the firearms.
The manufacture, transport, shipping, sale, and disposition of an assault firearm without a license is a crime. It is prohibited to transport, transfer, give, or otherwise dispose of firearms across state lines and into the state of New Jersey. The car used to transport the firearm can be impounded.
Distributing digital instructions or computer programs to facilitate the manufacturing of a firearm that, when combined with a 3D printer, produces a firearm, magazine, or other firearm component is illegal. Additionally, building, transporting, shipping, selling, or disposing of a firearm made of undetectable material is considered a covert firearm.
Possessing, transporting, making, shipping, selling, or purchasing a firearm or its parts whose serial number has been removed or was made without a serial number is a serious offense. Also, firearm frames without serial numbers are prohibited.
Degrees and Punishments for Unlawful Sale, Transfer, Disposition, and Shipment of Firearms in New Jersey
The second degree crimes in this statute are transporting firearms across state lines without a permit, disposition of a weapon without a serial number on it, ownership of an undetectable or covert weapon, and receiving firearm parts from a 3D printer or gun kit. Third degree crimes are the disposition of an assault weapon or ownership of a sawed-off shotgun or a machine gun.
Fourth degree crimes are the disposition of firearm silencers and ownership of banned weapons listed in the statute that are not firearms (clubs, switchblade knives, brass knuckles, etc.) The purchase, ownership, lending, receiving, or concealing of a defaced weapon is also a 4th degree crime. Armor-piercing bullets or other kinds of illegal bullets also fall into this category, as does having large-capacity magazines.
A second degree offense carries 5 to 10 years in prison and fines up to $150,000, a third degree crime is 3 to 5 years and a fine of up to $15,000, and a fourth-degree crime is up to 18 months in prison and a fine of up to $10,000. These crimes are indictable crimes (felonies), and a conviction can significantly affect your future. Moreover, many weapons crimes fall under the Graves Act, which requires a minimum of 42 months, or one-third to one-half of the mandatory minimum sentence, whichever is longer, to be served before being eligible for parole. In the case of a fourth degree conviction, the entire 18 months must be served.
Need a Lawyer for Unlawful Disposition of a Firearm in Hoboken NJ? Contact Us Today
Gun charges in New Jersey are serious business. If you or a loved one needs assistance with a firearms related offense such as unlawful disposition of a firearm, you’ve come to the right place. Our team of weapons defense attorneys provide excellent representation, as we know New Jersey’s gun laws inside and out and what can be done to defend against these severe violations. We appear in courts across the state on a regular basis aggressively challenging weapons charges against our clients in Middlesex County, Union County, Hudson County, Bergen County, and Monmouth County. For more information regarding firearms statutes and charges in New Jersey, contact our weapons defense lawyers for immediate assistance at (201)-614-2474.