Camden NJ Stun Gun Possession Attorney
There are some weapons whose mere possession under any circumstance results in a Camden County criminal violation. New Jersey law prohibits individuals from possessing these items under any circumstance. A destructive device (e.g. explosives), sawed off shotgun, silencer, defaced firearm, high capacity magazine, stun gun, and body armor piercing ammunition such as hollow tip and Teflon coated bullets fall within this category. If you were charged with violating N.J.S.A. 2C:39-3 because you allegedly possessed an illegal weapon, the attorneys at Marshall, Bonus, Proetta & Oliver are ready to help you. Our team of skilled lawyers includes several former prosecutors and other advocates with over a century of experience defending weapon offices throughout the state including at the Camden County Superior Court. Whether your offense arose in Winslow, Camden, Gloucester City, Pennsauken, Lawnside, or another municipality, this is where your case will be heard since it is unquestionably a felony criminal charge. An attorney with the skill to effectively deal with your illegal weapon charge is available immediate in our Cherry Hill Office by calling 856-662-8300.
High Capacity Magazine or Possession of Another Illegal Weapon in Camden County NJ
As previously stated, NJ Law is crystal clear when it comes to possession of weapons like a stun gun, sawed off shotgun or hollow tip bullets. Unless you are a member of law enforcement, you have no right to possess such items. If a weapon falls within this category, a conviction will require proof of three things. The prosecutor must first establish that the particular instrument is a destructive device, sawed-off shotgun, silencer, defaced firearm, stun gun, large capacity magazine, or body piercing ammunition (e.g. hollow tips or Teflon coated bullets). Second, the accused must have been in actual or constructive possession of the item. Third, it must be proven that the defendant knew he had the weapon in his or her possession and the nature of the item. You will note that there is no requirement that the possessor know that the device or weapon was illegal.
Destructive Device. It is a crime of the third degree for any person to knowingly have in his possession any destructive device. A destructive device includes any instrument or object designed to explode or produce uncontrolled combustion. An explosive bomb is only one type of destructive device. If convicted, the defendant will face up to five (5) years in prison and a $15,000 fine.
Sawed Off Shotgun. It is a crime of the third degree for any person to knowingly have in his possession a sawed-off shotgun. Sawed-off shotgun is defined in terms of barrel size. It means any shotgun having a barrel or barrels of less than eighteen inches in length measured from the breach to the muzzle, or any firearm made from a rifle or shotgun, whether by alteration or otherwise if such firearm as modified has an overall length of less than twenty-six inches. If convicted, the defendant will face up to five (5) years in prison and a $15,000 fine.
Firearm Silencer. It is a crime of the fourth degree for any person to knowingly have in his possession any firearm silencer. Firearm silencer means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm. Possession of a silencer and possession of a gun without a permit are separate offenses and a person who possesses a gun and a silencer can be convicted of the two offenses. If convicted, the defendant will face up to eighteen (18) months in prison and a $10,000 fine.
Defaced Firearm. It is a crime of the fourth degree for any person to knowingly have in his possession any firearm which has been defaced unless the firearm is an antique firearm or an antique handgun. Defaced firearm means the maker, model designation, manufacturer’s serial number or any other distinguishing identification mark or number on a firearm has been either removed, defaced, covered, altered or destroyed. If convicted, the defendant will face up to eighteen (18) months in prison and a $10,000 fine.
Stun Gun. It is a fourth degree crime to knowingly have in one’s possession a stun gun. A stun gun is a weapon or other device which emits an electrical charge or current which is intended to temporarily or permanently disable a person. If convicted, the defendant will face up to eighteen (18) months in prison and a $10,000 fine.
Large Capacity Ammunition Magazine. It is a fourth degree crime to knowingly possess a large capacity ammunition magazine. “Large capacity ammunition magazine” means a box, drum, tube or other container which is capable of holding more than fifteen rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. A semi-automatic is a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge or bullet. If convicted, the defendant will face up to eighteen (18) months in prison and a $10,000 fine.
Cherry Hill NJ Illegal Weapon Possession Attorney
Being arrested for possession of illegal ammunition, a stun gun or another weapon prohibited in New Jersey can clearly have significant consequences. A state prison sentence always comes into play and the ramifications can get even worse in those situations where the Graves Act applies. A mandatory minimum sentence with a period of parole ineligibility is triggered when this is the case. It is certainly in your best interests to hire a skilled criminal defense attorney if you are facing any variety of illegal weapon possession. The attorneys at our Cherry Hill Law Firm have the pedigree you need and handle these cases throughout Camden County including in Voorhees, Bellmawr, Gloucester Township, Lindenwold, Haddon Township. Call us 24/7 for a free consultation at 856-662-8300.