Unlawful Possession of Weapons (2C:39-5)

Unlawful Possession of Weapons (2C:39-5)

a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

b. Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.

c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

This is a very dangerous offense that often ensnares a lot of innocent people.  Some of those arrested have received a lot of media attention while others have not.  Luckily, the law has changed to allow some of these people into the PTI program.  However, the law is very strict with regard to the exact requirements so it will apply to a very narrow class of people.  Regardless, our team of tough, smart lawyers have helped many clients charged with unlawful possession of a weapon (2C:39-5) in courts across New Jersey.  Our initial consultations are free and we are always available so call us now to see how we can help you or your loved one.  

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