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

Bloomfield Unlawful Possession of a Weapon

With offices in Newark, New Jersey

Essex County Weapons Possession Charges NJ prosecutors have a zero tolerance policy when it comes to illegal guns. As a result, anyone convicted of a weapons offense in New Jersey faces significant penalties. Even if you have never been arrested or convicted of a crime, you could be looking at mandatory prison time for Unlawful Possession of a Weapon. That’s why it is crucial that you have an experienced attorney by your side and fighting on your behalf.

The attorneys at the Tormey Law Firm have represented countless clients charged with weapons offenses in Essex County, NJ, including Millburn, Nutley, and Verona. The firm’s founding partner, Travis J. Tormey, previously worked with the United States Attorney’s Office, as well as two of the largest law firms in the State of New Jersey. Additionally, our criminal defense team includes a former county and municipal prosecutor, which gives us a major advantage when we represent you because we understand how the prosecution will structure their case.

Call the Tormey Law Firm

You can bet that the prosecution is already building a strong case against you, so do not wait to contact us about your weapons possession charges. Call 201-654-3464 to speak with a member of our litigation team.

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

N.J.S.A. 2C:39-5 prohibits a person from possessing a number of weapons without a valid license. These prohibited weapons include:

Handguns
Assault Firearms
Rifles and Shotguns
Machine Guns
Other Weapons

Although possession of a gun constitutes the most serious violation of the statute, possession of any prohibited weapon can lead to severe penalties. Additionally, NJ prosecutors and judges tend to interpret the statute very broadly so that just about anything – a knife, a slingshot, or brass knuckles – can constitute a “weapon” under the right circumstances.

Penalties for Unlawful Possession of a Weapon in Essex County

Unlawful possession of a handgun, assault rifle, or machine gun will result in second degree felony charges. This means that you will be subject to a sentence of 5-10 years in New Jersey State Prison if you are convicted. Generally speaking, unlawful possession of another type of gun will result in third degree felony charges. This means that you will be subject to a sentence of 3–5 years in New Jersey State Prison if you are convicted.

Possession of any other kind of weapon, such as a knife, is typically classified as a fourth degree felony. A conviction will expose you to up to 18 months in state prison.

Graves Act Offenses in Essex County, NJ

New Jersey lawmakers do not mess around when it comes to guns and public safety. That’s why anyone convicted of illegally possessing a firearm will also be subject to strict sentencing guidelines under the Graves Act. This statute really limits the prosecutor from exercising any sort of discretion in gun cases because it requires the judge to impose a minimum sentence of 3 years in prison. The only way around this strict penalty is to secure a Graves Act Waiver for any plea deal; however, doing so requires both the prosecutor and the presiding judge to approve the plea agreement.

Frequently Asked Questions (FAQ) About Unlawful Possession of Weapons Charges

FAQ: Can I get a Graves Act waiver? That’s up to the State. If you have no prior criminal history and you are arrested with a gun in New Jersey, the State will typically offer you a Graves Act waiver to lower the mandatory prison time and parole ineligiblity associated with Graves Act offenses in NJ.

FAQ: Can I get PTI on my charges? On a second degree unlawful possession of a weapon for a gun, you can’t apply for PTI unless the State consents. For other weapons (third and fourth degree), you can apply for PTI without the State’s consent.

Call a Fairfield Unlawful Possession of a Weapon Lawyer

The Tormey Law Firm is prepared to fight your weapons charges and keep you out of prison. Call us today at 201-654-3464 to speak with a member of our criminal litigation team, or email us to schedule a free consultation at our office in Newark, NJ.

Client Reviews

"Travis Tormey is the only lawyer I seek out to handle my legal affairs. Over the last four years, I have used Mr. Tormey’s services on numerous occasions to my great benefit. He promptly returns my messages, takes the time..."
"Travis Tormey is a superb attorney. He is skilled and knowledgeable. He handled my case with respect, kindness and quiet assurance. I would trust him with all future legal needs. He has many contacts in the legal profession..."
"Mr. Tormey is a consummate professional. Our case was sensitive and complicated and unusually lengthy for a juvenile case. For 8 months Mr. Tormey faithfully worked our case and never failed to show for court once. Punctual, disciplined..."
"Travis Tormey is an outstanding attorney. He helped me tremendously, more so than I ever could have imagined. He handled all aspects of my case with compassion, respect, and immense competence. He is a skilled and knowledge..."
"I was extremely nervous and anticipating the worst situation possible for my cases. Travis was a very reliable lawyer and everyone at his firm was extremely helpful. Travis went above and beyond inside and outside of the court room for me! ..."