“BB Gun Laws in New Jersey are unbelievably strict. Believe it or not, you will be charged for a firearm offense in NJ”
New Jersey Gun Lawyers with offices in Morristown, NJ
It is rather hard to believe but a BB gun (as well as paintball guns and airlift guns) are considered restricted firearms in New Jersey and you must have a proper permit for these weapons if they are outside of your home. Under the Graves Act in New Jersey, firearms offenses are considered very serious and require mandatory prison time and parole ineligibility even for first time offenders. So, a person facing a BB gun charge (a third degree crime) is facing 3-5 years in prison.
Previously, a BB gun possession offense would also entail a period to be served without the possibility of parole for those convicted. The good news is, the Attorney General relaxed the penalties and treatment of BB gun charges a few years ago so local prosecutors now have more discretion in dealing with these cases appropriately, with PTI or probation or even downgrading the case back to municipal court.
On the bright side, we have had a lot of success using negotiations to discount the Graves Act in your potential sentencing. This means that you would not necessarily face the minimum mandatory firearms sentences in NJ. Contact our NJ BB Gun Charge Attorneys now for immediate assistance with BB gun charges in NJ at 201-556-1571.
NJ BB Gun Possession Laws
Under N.J.S.A. 2C:39-5, BB guns and other typically thought of as non-lethal types of weapons, like pellet guns and air guns, are classified as firearms that are illegal to possess, just like a handgun, rifle or shotgun, unless licensed and kept appropriately. A firearm is defined by law as any gun or device from which a solid projectile, like a pellet, bullet or ball, may be launched by cartridge, shell or other explosive material. In fact, N.J.S.A. 2C:39-1(f) specifically includes air guns, spring guns, pistols or similar spring, gas or air ejection devices forceful enough to hurt someone. Accordingly, whether a bb gun works by propulsion fueled by compressed air or gas, it qualifies as a firearm under New Jersey law.
In New Jersey, you cannot carry a firearm, meaning walk down the street with it or keep it in your car, unless you are active military, law enforcement, or otherwise authorized with the proper permits. You are required to obtain a permit to carry a BB gun, just as if it were a pistol or handgun. And once you get the permit, you must carry the gun securely, in a locked box or gun lock in the trunk of a car or separate the gun and the ammunition, keeping the ammunition or magazine in a locked container. Otherwise, you may be charged with a third degree indictable crime for possessing a BB gun unlawfully, subjecting yourself to a potential five year prison term and a fine as high as $15,000.00. Likewise, possessing a firearm on school grounds is a third degree crime. Without the proper paperwork process, you may be found guilty of a crime if you purchase or carry a firearm.
Unlawful possession of a weapon is the most common legal consequence of owning a BB gun without proper permits. However, even if the gun is legally purchased and owned, if you have a BB gun you intend to use for an illegal purpose, like robbing a convenience store or selling it on the black market, you can be charged with possession with an unlawful purpose, a second degree crime punishable by five to ten years in prison and a $150,000.00 fine. Possessing a BB gun during the commission of a drug crime is yet another common second degree charge involving these weapons. This charge also bears serious repercussions for those convicted.
Facing BB Gun Charges in NJ? Contact us for Help with Your Defense
You do not want to go to prison for buying or possessing a BB gun, but you certainly can under New Jersey law. Call (201)-556-1570 to discuss your case with an experienced criminal defense attorney who can help defend you and make sure you have a favorable outcome in your case. You may be eligible for a diversion program like the Pre-Trial Intervention Program, and there may be defenses available to avoid a criminal conviction and the heavy penalties. A criminal record may restrict your employment and other options that require background checks, but it may be avoidable altogether. Contact us today for a free consultation and see how we can help you.
How To Beat A Gun Charge
How to beat a gun charge #1: Challenging the “consent” of a search.
How to beat a gun charge #2. Challenging motor vehicle stops and illegal searches.
How to beat a gun charge #3. Challenging Bad Warrants and Illegal Searches
How to beat a gun charge #4. Plea negotiations and reducing sentencing minimums.
How to beat a gun charge #5. Transporting a gun to the range.
Other Gun Related Pages
NJ Gun Lawyer – Why you should consider hiring an attorney for your gun charge.
NJ Gun Laws – A comprehensive breakdown of gun laws in New Jersey.
Possession of a Weapon Charge NJ – Information on general weapons possession.
Possession of a Destructive Device NJ – Laws on destructive devices in NJ.
NJ Gun Permit Attorney – If you need an attorney for gun permits.
New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms.
Gun Charges NJ – What your facing after NJ gun charges and how to fight them.
Certain Persons Offenses – Info about “certain persons to not own firearms” offenses.
BB Gun Charges – BB Gun Laws in New Jersey.
First Offense Gun Charges – Information about what happens on a first offense gun charge.
Forfeiture of Weapons – Sometimes the police will take your guns after a domestic dispute.
Gun Case Victories #1 – One of the gun cases that we won in NJ.
Gun Charges In NJ – A video on gun charges in NJ.
Gun Permit Attorney – A video on hiring an attorney to help you obtain gun permits.
Firearm and Weapon Charges NJ – An overview of how our firm handles gun charges