A person is guilty of criminal possession of a weapon in the first degree when such person: (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or (2) possesses ten or more firearms. The possession of each weapon in violation of this Section constitutes a single and separate violation. The charge is contained at N.J.S.A. 2C:39-5. New Jersey Law makes it illegal to possess a weapon under certain circumstances. The consequences almost certainly include a term of imprisonment if you plead or are found guilty of this offense. Criminal Possession of a Weapon in the Fourth Degree has a second list of weapons in which the possession of the item itself is not outright illegal, however when this object is intended to be used unlawfully against another, a crime has occurred. Penalties for Unlawful Possession of a Weapon in Essex County. In this case, the burden of proof is often placed on the accused, requiring them to prove their lawful intent in court. (2) (A) The first violation of subdivision (a) (1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500). Subscribe to Justia's “Unlawful possession of a weapon in New Jersey usually relates to possession of a gun without a proper permit. featuring summaries of federal and state At The McDaniel Law Firm, we know facing serious criminal charges like Unlawful Possession of a Weapon can be incredibly confusing and frightening. Unlawful Possession of a Weapon New Jersey “Unlawful possession of a weapon in New Jersey usually relates to possession of a gun without a proper permit. (4) Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F-1 [720 ILCS 5/33F-1] by a person who has not been issued a valid Firearms Owner’s Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act [430 ILCS 65/5] is a Class X felony. Other types of license can be obtained for collection and exhibition purposes, such as under the National Firearms Act. A second degree crime carries a presumption of imprisonment. Mere possession is enough to constitute an offense. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Our expert defense attorneys in Memphis will help you understand your charges and determine your options. (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. N.J.S.A. Generally speaking, Unlawful Possession of a Gun will result in third degree felony charges. Unlawful possession of weapons by persons under sixteen. This is typically a second degree charge punishable by 5-10 years in jail, and, a mandatory period of parole ineligibility under the Graves Act. What is Unlawful Possession of a Firearm? Machine guns. Some jurisdictions have special paramilitary units (such as SWAT or AFO) that carry machine guns, explosives or other military weapons, though the majority of the time these must be stored at the unit's headquarters.[3]. Unlawful possession of a weapon may be either a second degree or third degree crime. (A) The handgun is in a locked container within or affixed to the vehicle; or (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the discharge of the firearm. What weapons are unlawful to carry in Texas? [1] The most common is "strict liability," meaning that there is no requirement of intent whatsoever: Merely being caught by law enforcement with the weapon in question under the circumstances described in the law (possession, concealed, or open) is a crime in and of itself, with almost no possible defense other than proving the item is not an illegal weapon within the law's definition. WEAPONS ACT 1990 - SECT 50 Possession of weapons 50 Possession of weapons (1) A person must not unlawfully possess a weapon. 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