Possession of a Rifle or Shotgun
Many individuals possess a shotgun or other firearm but lack full knowledge of the license and permit requirements imposed by New Jersey law. This can be a potentially devastating oversight in view of the fact that this state imposes significant penalties for illegal possession of a rifle or other should arm. In fact, an individual is exposed to a real possibility of incarceration if charged with possession of a shotgun or rifle without a valid permit. If you or a loved one has been accused of illegally possessing a shotgun, you definitely need to consult an attorney experienced in this area of the law. The lawyers at the Law Offices of Jonathan Marshall have decades of experience handling rifle and other gun charges and would be happy to speak with you. A member of our defense team, including two former prosecutors and Colin Bonus, a defense lawyer with almost 30 years in practice, are available to assist you 24/7. One of our attorneys is available immediately at 1-877-450-8301. We invite you to consult the information that follows and to contact our law firm should require our assistance.
New Jersey Law: Unlawful Possession of a Shotgun or Rifle
In accordance with N.J.S.A. 2C:39-5c, an individual who is in knowing possession of a rifle or shotgun without a license is guilty of a criminal offense. The elments of this offense which must be established by the prosecution are: (1) the seizure of a Shotgun (or Rifle); (2) the item was knowingly possessed by the defendant; and (3) the defendant lacks a valid firearms purchaser identification (ID) card. Each of these elements must be established beyond reasonable doubt by the state to obtain a conviction under N.J.S.A. 2C:39-5c. The definition of "rifle" for purposes of this law and for "shotgun" are essentially the same, namely, a firearm designed to be fired from the shoulder and which projects some a bullet, slug or pellets. Possession is "knowing" where the defendant is aware of its existence or a high probability that it exists. "Possession" may established through actual or construction possession. The form of license required under this law is referred to as a purchaser identification card and is the same document that allows an individual to purchase a shotgun or acquire a rifle. The single permit provision is different from the licensing requirements for handguns, which requires two separate permits – one to purchase and one to carry. As with other firearms, it is possible for more than one individual to possess the same shotgun or even rifle at the same time. The law also presumes that an individual's possession is illegal and without a permit such that the burden is on the suspect to established that is a holder of a firearms purchaser identification (ID) card. If the situation involves Possession of a Firearm in a Motor Vehicle the state also enjoys the presumptions that apply to that offense.
A conviction for possessing a rife without a permit under 2C:39-5c is a Third Degree crime. The same holds true for possession of a shotgun. A conviction for a third degree offense under 2C:39-5c carries a term of imprisonment of up to 5 years, thousands of dollars in fines, and other assessments. In terms of sentencing, the mandates of the Graves Act do not automatically attach although they may be triggered if a companion charge of Possession of a Firearm for Unlawful Purpose and/or Certain Persons Offense is filed.
To learn more about these charges or how our attorneys can defend you, please do not hesitate to contact us. One of our lawyers will review the facts of your case and discuss your options, including potential defenses. If you choose to thereafter retain our law firm, you can be confident that over sixty (60) years of experience is behind you to insure that you escape your charge with minimal impact on your life.
