Unlawful Possession of an Assault Firearm
The law of New Jersey includes a specific prohibition against possession of assault firearms without a license. An individual possessing an unlicensed assault shotgun, rifle or similar device, is subject to a second degree crime. Because of this fact, it is extremely important that the right attorney is selected to defend anyone charged with this offense. The lawyers at our firm, the Law Offices of Jonathan Marshall, possess over 60 years of experience handling NJ criminal charges. Our defense team also includes two former prosecutors and another seasoned lawyer with almost 30 years in practice. Our attorneys are available 24/7 to assist you at 1-877-450-8301.
What is an “Assault Firearm” under NJ Law
Under the New Jersey gun laws, an assault weapon comes in three forms:
- A semi-automatic shotgun with a magazine of 6 rounds or more, a pistol grip or a folding stock;
- A semii-automatic rifle with a magazine exceeding 15 rounds; or
- Any other combination of parts intended to convert a firearm into an assault firearm.
“Semi-automatic” means a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet. “Pistol grip” means a well-defined handle similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits a shotgun to be held and fired with one hand. A special license must be issued by a Superior Court Judge in order to allow an individual to possess an assault weapon.
Penalties for Possession of an Assault Firearm
A conviction for possessing an assault weapon without a license, also referred to as Unlawful Possession of an Assault Firearm, is a second degree offense. A second degree charge carries a period of imprisonment of 5 to 10 years in jail. This sentence is in addition to any other term in prison that may be imposed on related charges like Possession of a Weapon for an Unlawful Purpose or Certain Persons Not to Have a Weapon. Additionally, an individual is subject to the Graves Act if convicted of possession of an assault firearm without a license. The Graves Act carries a period of parole ineligibility of five (5) years. New Jersey law also excludes individuals from participation in the Intensive Supervision Program following conviction on a charge of Unlawful Possession of an Assault Firearm.
If you have been charged with this offense, one of our attorneys would be happy to provide you with additional information. We also encourage you to contact our office at 1-877-450-8301 to learn how our lawyers can assist you in defending your case. An attorney is available 24/7 and initial consultations with a lawyer from our firm are always without charge.
