Unlawful Possession of a Weapon NJ – 2C:39-5

Unlawful Possession of a Weapon NJ

NJ Firearms Defense Lawyers with offices in Hackensack, Newark, Morristown NJ

Unlawful Possession of Weapon NJ
Unlawful Possession of Weapon NJ

The firearms defense attorneys at the Tormey Law Firm LLC represent clients facing illegal weapons offenses, including unlawful possession of a weapon throughout the State of New Jersey. In fact, the firm has offices located throughout New Jersey including in Hackensack, Morristown, and Newark. Our trial team is composed of experienced criminal defense lawyers including former firearms prosecutors who now use their experience to defend our clients charged with weapons offenses. If you or a loved one is facing a weapons charge in NJ, you’ve come to the right place. Contact the Tormey Law Firm immediately for a free initial consultation at (201)-614-2474.

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 Possession of a Weapon: N.J.S.A. 2C:39-5

The criminal statute governing charges for unlawful possession of a weapon in New Jersey is N.J.S.A. 2C:39-5. Section (a) governs weapons offenses for machine guns which is a second degree offense punishable by 5-10 years in New Jersey State prison if convicted. Section (b) covers handguns which is a third degree offense for BB guns and airsoft guns, otherwise it’s a second degree crime.

NOTE: The difference between a second degree offense and a third degree offense is significant. A second degree crime is punishable by 5-10 years in jail with a presumption of imprisonment even if you have no prior record. A third degree offense, on the other hand, is punishable by 3-5 years in jail but there is a presumption against incarceration for first-time offenders.

Section (c) governs rifles or shotguns which are generally third degree offenses.

Section (d) governs “other weapons,” which are fourth degree crimes punishable by up to 18 months in jail. Other weapons may encompass baseball bats, brass knuckles, knives, or any other items that the State believes had were being possessed as “weapons.”

Section (f) governs assault weapons which are generally second degree offenses.

NOTE: All firearms offenses in New Jersey are governed by the Graves Act which requires mandatory jail time and parole ineligibility if convicted of these offenses. The typical plea offer on a unlawful gun charge (even if the person has no prior record) is 5 years in prison, 3 years to be served before the possibility of parole.

NOTE: Firearms ID cards merely allow you to purchase and/or own a weapon legally in New Jersey. They do not allow you to carry the weapon, which requires a handgun carry permit. 

For additional information or immediate assistance, contact the Tormey Law Firm at (201)-614-2474. The initial consultation is always provided free of charge.

Request a Free Consultation

If you or a loved one is in need of assistance with a gun related issue in New Jersey, you've come to the right place. Contact our experienced firearms defense trial team anytime for immediate assistance at (201) 614-2474. The initial consultation is always provided free of charge.

Areas We Serve

The firearms lawyers at the Tormey Law Firm represent clients charged with weapons offenses in Bergen County (Hackensack), Essex County (Newark), Morris County (Morristown), Passaic County (Paterson), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Camden County (Camden), Warren County (Belvidere), Hunterdon County (Flemington), Monmouth County (Freehold), Ocean County (Toms River), Burlington County (Mount Holly), Sussex County (Newton), Mercer County (Trenton) and throughout New Jersey.



254 State Street

Hackensack, NJ 07601

(201) 556-1570Directions


55 Madison Avenue Suite 400

Morristown, NJ 07960

(908) 336-5008Directions


1 Gateway Center Suite 2600

Newark, NJ 07102

(201) 654-3464Directions


900 Haddon Avenue, Suite 234

Collingswood, NJ 08108

(866) 721-9510Directions