The classic BB gun has been part of our culture for decades and now there is the advent of paintball guns and, more recently, airsoft guns. Individuals in New Jersey typically purchase these air devices for recreational purpose. The acquisition of these items is usually easy for NJ residents as there is no requirement for a Gun License or Weapons Permit. The biggest manufacturers of air guns are Daisy (Winchester & Avanti), Umarex (RWS, Walther, Colt & Beretta), Crosman (Benjamin Sheridan & Remington), Tech Force, Gamo, Beeman, EAA, and Softair. The reality is that while these devices can be acquired without a permit or license and are often viewed as a "toy" or "toys", they can cause huge criminal problems, including someone going to jail. If you have been charged with Unlawful Possession of a Weapon or Possession of a Weapon for an Unlawful Purpose stemming from some type of air gun, our attorneys are ready to assist you. The lawyers at our firm, the Law Offices of John F. Marshall, specialize in the defense of those charged with a crime. We also happen to possess a legal team with more than 60 years of collective experience. We would be happy to assist you in defending your case in Monmouth County, Middlesex County, Union County, Somerset County, Ocean County, Essex County, Ocean County, Mercer County, Hudson County, or Morris County. Contact our Shrewsbury office to receive a free initial meeting with a knowledgeable defense attorney.
There are few things as shocking to someone than being arrested for simply possessing a gun or rifle that they perceive as a recreational toy. The fact that they may be charged with a criminal offense like Third Degree Possession of a Handgun Without A Permit under N.J.S.A. 2C:39-5 or Second Degree Unlawful Possession of a Firearm by Certain Persons under N.J.S.A. 2C:39-7, often comes out of no where. The law of NJ does, however, establish basis for these types of charges where a BB Gun or some other form of air gun or rifle is involved. We frequently see these type of charges arising out of Airsoft guns, a form of soft pellet firing device. Although Airsoft and other rubber pellet guns and rifles can be found at flea markets, sporting good stores and department stores, they are considered Firearms under N.J.S.A. 2C:39-1 as they fire a projectile using high compression. The situation even escalates to a Second Degree offense with mandatory parole ineligibility where the Pellet Gun or air weapon is used for an Unlawful Purpose, that is, charges for Possession of a Weapon for a Unlawful Purpose is filed.
Paintball Guns & Rifles
Paintball guns are also considered firearms under New Jersey law so many of the charges associated with BB and Pellet Guns also apply. If a person is convicted of possessing a paintball run under circumstances that not manifestly appropriate (e.g. assault, criminal mischief, etc.), a Second Degree crime for possessing a weapon for an unlawful purpose is triggered under N.J.S.A. 2C:39-4. A Second Degree crime carries a period of incarceration in jail of 5 to 10 years. A period of parole ineligibility also applies under 2C:39-4 that requires an individual to serve a mandatory period of jail before they are even eligible to be released from jail. To make matters even worse, the No Early Release Act (NERA) applies when a paintball gun or other air device is used to commit a violent offense like assault. This provision of New Jersey Law mandates that an individual serve 85% of any jail term before they are eligible to be paroled.
Other Spring Action & Air Rifles
Air gun owners run into a lot legal trouble in NJ because the law views these mechanisms as "firearms". It should also be noted that the state recently banned all types of semi-automatic air rifles such that the mere possession of them is illegal. What is confusing to most individuals is how they can be charged with Possession of a Prohibited Weapon when they purchased the item legally in New Jersey. The unfairness of the situation is often inescapable but, unfortunately, the law is sometimes blind in this regard. This is where the knowledge and skill of our experienced attorneys comes in handy.
In a large number of air gun cases, the incident leading to arrest starts out as an honest mistake without any criminal intent. The situation quickly unravels if and/or when the "weapon" is revealed and/or discovered. Those charged with criminal offenses because of a Pellet Gun or some other form of air projectile device can be some of the most extreme. The possibility of incarceration is always an urgent matter that must be addressed immediately and requires the assistance of lawyers knowledgeable in NJ gun laws. By hiring a lawyer experienced in defending weapons charges you can help ensure that you come out of this dilemma with as little impact on your life as possible. The defense attorneys at the Law Offices of John F. Marshall possess over 60 years of experience defending those charged with criminal offenses in NJ. A lawyer from our firm is available 24/7 at 1-877-450-8301 to assist you. Do not hesitate to contact us if you are facing this type of offense anywhere in New Jersey including Monmouth County, Ocean County, Union County, Somerset County, Middlesex County, Essex County, Ocean County, Mercer County, Morris County, and Hudson County.
