Weapons charges can be very complicated but very serious. firearms and weapons laws encompass the ownership, sale, use, and possession of weapons and range from unlawful possession to having a legal weapon without a permit or the use of a weapon during the commission of a crime.
Adults may legally carry an unloaded firearm in public without a permit, although it is illegal to carry a loaded firearm (even with a permit) except while on your own property or place of business. law forbids children under the age of 18 from possessing firearms, as well as people who have been convicted of many crimes, including most drug crimes, burglary, domestic violence, aggravated assault, and sexual assault.
There are four mains ways to be convicted of a weapons offense.
law has an outright ban on many weapons. Being in possession of the following weapons, among others, is a crime.
The more dangerous the weapon, the higher the charge and penalty. It is a fourth degree indictable offense to knowingly possess these weapons with a potential prison sentence of up to 18 months.
law makes it a crime to possess a weapon for an illegal purpose, or the intent to commit a crime. It is a second or third degree charge to possess a weapon with the intent to use it unlawfully against property or a person. It is a fourth degree offense to possess an imitation firearm with the intent of unlawful use.
There are many weapons that are permitted under the law, but it is illegal to possess these weapons without a permit or license. Depending on the weapon, it may be a third or fourth degree offense. It is a third degree offense to possess an assault firearm, shotgun, rifle, handgun, or machine gun without a license. It is a fourth degree offense to possess any weapon without a permit or license.
Even if you have a permit, it is still unlawful to possess a weapon in certain places, such as a school.
Certain people are not permitted to possess weapons at all. This includes people who have ever been committed to a mental hospital and people who have been convicted of any crime (except disorderly persons offenses), which includes aggravated assault, sexual assault, homicide, endangering the welfare of a child, stalking, and domestic assault, among others.
Under law, someone who has a firearm during the commission of a crime, conspiring to commit a crime, or trying to commit a crime faces a second degree offense. Being found in possession of a weapon while committing a crime can result in additional penalties on top of those for the crime itself.
Are you facing a weapons charge? has very strict gun laws, and conviction can carry life-changing consequences, including prison time and the loss of many rights. Contact the Law Office of Mark A. Bernstein today to protect your rights and get help crafting your legal defense.