Imitation Firearm Possession in New Jersey

Our law firm is frequently consulted by individuals who have been charged with some variety of New Jersey weapon offense, including possession of imitation firearms. These suspects often possess the erroneous idea that they cannot be subject to charges where the weapon is a replica, toy, or other simulation of a real gun. This belief is plainly in error as serious penalties are imposed under NJ law for possession or use of an imitation handgun, shotgun, rifle or other simulated firearm. If you have been arrested for possessing such a device, our attorneys have the skill and know how to insure that you reach a satisfactory resolution of your case. The ten (10) criminal lawyers at the Law Offices of Jonathan F. Marshall outstanding qualifications to ensure your receive the best defense to your imitation firearm offense. We can offer you:

  • Over 200 years of combined experience defending unlawful possession, unlawful purpose and other weapon charges in New Jersey
  • A team of former prosecutors that include a former Director of Major Crimes, the Gun Task Force, Special Operations, Juvenile Division and even the entire Trial Division
  • Certified Criminal Trial Attorneys
  • A firm comprised of veteran lawyers that specialize exclusively in defense
  • Decades of success defending clients charged with possession of an imitation firearm and related offenses

A lawyer on our staff is available 24/7 to assist you at 1-877-450-8301. Please do not hesitate to contact us if you require our assistance and we also invite you to review the information that follows.

NJ Law Governing Imitation Firearms: Handgun, Rifle, Shotgun, Revolver, Pistol

Several New Jersey weapon laws can cause what would otherwise be a toy to be transformed into an apparatus of criminal activity. This occurs when the replica or fake is intended to have someone believe that it is a firearm. In this regard, N.J.S.A. 2C:39-1(v) defines imitation firearm as an object or device reasonably capable of being mistaken for a firearm. An individual may be charged with any number of offenses depending on the circumstances under which he or she presents such an object, including:

  • Possession of a Weapon for Unlawful Purpose. This happens when the accused displays or possesses the object in order to have someone believe it is a firearm so that he/she can commit a theft or other criminal offense (i.e. uses it for an unlawful purpose). This violation is a fourth degree crime that carries up to 18 months in prison and a fine of up to $10,000.
  • Aggravated Assault. Someone commits a third degree crime for aggravated assault when they point an imitation firearm at a police officer. This violation carries up to 5 years in prison and a fine of up to $15,000.
  • Possession of an Imitation Firearm at an Educational Institutions. It is a criminal offense under this law to simply possess an imitation firearm while on school property. This charge is a disorderly persons offense punishable by up to 6 months in the county jail and a fine of $1,000.
  • Pointing an Imitation Firearm at a Police Officer. A separate criminal charge is outlined in the aggravated assault statute that is triggered whenever an imitation firearm is pointed at a police office.

Imitation Firearm Defense Lawyers in New Jersey

Possession of an imitation firearm clearly has the potential to result in a complicated scenario when the fake is used to put another in fear, to commit a theft or under any number of other circumstances that violate the law. If you were arrested for having an imitation firearm, it is certainly in your best interests to consult an experienced NJ criminal attorney as soon as possible so that you are fully protected. The attorneys at the Law Offices of Jonathan F. Marshall are available to address your questions and provide you with the specific information you require. Initial consultations with our lawyers are always without a fee so there is no reason to hesitate in taking advantage of a consultation. Call us at 877-450-8301 for immediate assistance.