NJ Unlawful Possession of Weapons Charges
New Jersey's weapons and firearms laws are all-encompassing, and deal with almost every contingency of their use, sale and discharge. The New Jersey law for Unlawful Possession of Weapons covers a broad range of conduct and degrees of severity depending on the underlying facts. These charges are often very complex and have some of the most severe penalties under the law. This is why it is so important that you consult an experienced defense lawyer. The attorneys at the Law Offices of John F. Marshall possess over 60 years of collective experience and are available for a free consultation. All of the lawyers are highly knowledgeable and skilled in defending Unlawful Possession charges. An attorney is available now to discuss your Monmouth County, Middlesex County, Hudson County, Ocean County, Union County, Morris County, Mercer County, Essex County, Camden County, or Burlington County case. Contact our firm for immediate assistance at 1-877-450-8301.
New Jersey Law: Unlawful Possession of a Weapon
N.J.S.A. 2C:39-5(d) provides that "any person who knowingly has in his possession any weapon [other than a handgun, rifle, shotgun or machine gun] under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree." The elements of this offense include: (1) the existence of a weapon; (2) possession by the defendant; (3) knowledge of the nature and character of the instrument by the defendant; and (4) circumstances demonstrating that the object was not manifestly appropriate for lawful use.
Definition of "Weapon" Under 2C:39-5
Weapon means anything readily capable of lethal use or of inflicting serious bodily injury. In addition to firearms the term weapon includes gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cestis or similar leather bands studded with metal filings or razor blades embedded in wood, stun guns and any other weapon which projects, releases or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.
Actual or Constructive Possession
Possession is established where there is either direct control over the object or where an individual is aware of the existence of the object and has the ability and intention to exercise control over the item.
Circumstances Not Manifestly Appropriate for Lawful Use
Circumstances not manifestly appropriate encompasses either a threat of harm to a person or threat of damage to property. For example, possession of a paintball gun for purpose of firing it at an automobile would fall not be manifestly appropriate for lawful use. A paintball gun obviously could be possessed for lawful use but when the situation involves inappropriateness, the character becomes illegal. A good test for determining whether a use is lawful or illegal is consider the New Jersey Model Jury Question: "if you find that the circumstances under which the weapon was possessed could not be easily understood or recognized as being appropriate to a lawful use of the instrument in question here then possession of the weapon is prohibited.” You could apply this question to possession of a knife and facts like size, shape, condition, means of concealment, and the nature in which the knife was used would be highly relevent.
It must be kept in mind that this offense is separate and apart from Possession of a Weapon or Firearm for Unlawful Purpose, Possession of a Firearm Without a Permit, or Possession of an Illegal Handgun. This is an independent offense which applies under N.J.S.A. 2C:39-5(d) when included in a complaint, charge or indictment. There is significant similarity between this offense and a Possession of an Illegal Weapon. Both charges are Fourth Degree crimes and require many of the same elements in order to prove a violation. Unlawful Possession of a Weapon is a much broader charge, however, as it has the potential to encompass virtually anything other than a firearm that can be used as a weapon whereas an Illegal Weapons offense is limited to a specific enumerated weapon set forth by statute such as a sawed off shotgun, high capacity magazine, silencer, hollow tip bullets, assault rifle, or body armer.
Self–Defense
Self defense is a viable defense to a charge under N.J.S.A. 2C:39-5(d) but is limited to those circumstances where its use is spontaneous in response to a compelling danger. The defense cannot be invoked where an individual is carrying the weapon as a precaution.
If you have been arrested for any offense relating to unlawful possession of a firearm or weapon you need to contact weapons defense lawyer immediately. The Offices of John F. Marshall is a New Jersey law firm that is proud to help clients contest their Unlawful Possession of a Weapon charges. Our team of skilled criminal defense lawyers is comprised of former prosecutors with almost 60 years of combined experience. We have successfully fought a vast array of misdemeanor and felony weapons crime cases throughout New Jersey. Our firm will always do everything we can to ensure that our clients receive aggressive legal representation and reliable advice. Our criminal lawyers appear throughout NJ including Monmouth County, Ocean County, Middlesex County, Hudson County, Union County, Morris County, Mercer County, Camden County, and Essex County. Call now to get our legal team on your side.
