Unlawful Possession of a Machine Gun
New Jersey Criminal Defense Lawyers
Unlawful possession of a machine gun is a serious offense in NJ. In fact, anyone who possesses such a weapon without a special gun license is subject to a Second Degree crime. If you or a loved one finds themselves charged with unlawful possession of a weapon and it involves a machine gun, our attorneys can assist you. Our defense firm, the Law Offices of Jonathan Marshall, features a team of lawyers with over 60 years of experience, including two former prosecutors. Reach an attorney immediately at 1-877-450-8301.
New Jersey Machine Gun Law
The definition of “machine gun” for purposes of N.J.S.A. 2C:39-5 includes any firearm or instrument that does not require pressing the trigger to release each shot and that possess a reservoir or other means for carrying ammunition. As stated, unlawful possession of a machine gun is a Second Degree offense. A crime of the second degree is punishable by 5 to 10 years in prison. Additionally, this charge is subject to the Graves Act, a law that imposes a mandatory period of parole ineligibility. It should also be noted that a person convicted for possessing a machine gun is not eligible for the Intensive Supervision Program (ISP).
Licensing of Machine Guns in NJ
Special licensing requirements exist for this firearm as its uses are obviously quite limited. A license may only be issued by a Superior Court Judge after finding that public safety requires issuance. The only real opportunity to satisfy this requirement would involve law enforcement such that a machine gun is, in effect, outlawed from private ownership and possession.
If you would like to learn more about how our law firm can assist you, lawyers are available 24/7 by telephone. One of our attorneys would be happy to provide you with the information you are seeking.
