Imitation Firearm Offenses
Our law firm is frequently consulted by individuals who have been charged with some variety of weapon offense stemming from Possession of an Imitation Firearm. These suspects often possess the erroneous idea that they cannot be subject to charges where the weapon is a replica, toy, or other simulation of a real gun. This belief is plainly in error as serious penalties are imposed under New Jersey law for using an imitation handgun, shotgun, rifle or other simulated firearm as a purported weapon. If you have been arrested for possessing such a device, our attorneys have the skill and know how to insure that you reach a satisfactory resolution of your case. The three defense lawyers at our firm have over sixty (60) years of experience, including many years as state and municipal prosecutors. A lawyer is available 24/7 to assist you at 1-877-450-8301. Please do not hesitate to contact us if you require our assistance and we also invite you to review the information that follows.
NJ Law Governing Imitation Firearms: Handgun, Rifle, Shotgun, Revolver, Pistol
Various laws in New Jersey set forth criminal offenses concerning presentation of a toy or other imitation of a firearm for purposes of having someone believe that an individual may be armed. The starting point in a review of these regulations is an understanding of the definition of a imitation firearm. In this regard, N.J.S.A. 2C:39-1(v) defines “imitation firearm” as an object or device reasonably capable of being mistaken for a firearm. An individual may be charged with any number of offenses depending on the circumstances under which he presents such an object including Possession of a Weapon for Unlawful Purpose under N.J.S.A. 2C:39-4(e), Aggravated Assault under N.J.S.A. 2C:12-1(b), and Possession of an Imitation Firearm at an Educational Institutions under N.J.S.A. 2C:39-5(e)(3). It is a Third Degree Aggravated Assault to Point an Imitation Firearm at a Law Enforcement Officer. This exposes an individual to up to five (5) years in prison. A conviction for possessing an Imitation Firearm for Unlawful Purpose is a Fourth Degree charge carrying a maximum sentence of 18 months in prison. Finally, it is a disorderly persons offense for a person to possess an imitation firearm at an educational institution.
To learn additional information about your imitation gun charges, including how we can defend you, contact our office. Attorneys are available to address your questions and provide you with the specific information you require. Initial consultations with our lawyers are always without a fee so there is no reason to hesitate in taking advantage of a consultation.