Possession of a Weapon Charge NJ 2C:39-4 – Weapons possession charges NJ – Possession of a weapon penalties NJ

“What are the penalties and punishments for a unlawful possession of a weapon charge 2C:39-4 and can I potentially beat a possession of a weapon case?

unlawful possession of a weapon njIf you’ve been arrested for possession of a weapon, you could be facing some fairly vague legal statutes depending on the weapon that you’ve been charges with.  In the letter of the law, a weapon is  “anything readily capable of lethal use or inflicting serious bodily injury”.  Technically, a large stick that you picked up off of the ground could be considered a weapon under the right circumstances.

In order for you to be convicted of this charge, there need to be a number of circumstances:

  1. A weapon has to exist- If nothing involved in your case can be technically considered a weapon, then your case can be dismissed.
  2. The weapon has to be in your possession- If you are standing next to a baseball bat on the ground, you might not be considered to be “in possession” of a weapon.  You must clearly possess the weapon.
  3. You have to be aware of the “nature” of the object, and how it might be used for destructive purposes.
  4. The circumstances must dictate that the item was not intended to be used for lawful purposes.

The final portion of the definition of a weapon is by far the most important.  In reality, just about anything can be considered to be a weapon.  What really matters is what you intend to do with the item.

If you have a brick in your hand, you should be using it to build a house.  If you have a brick in your hand during a loud verbal argument, that item is going to be considered a weapon.

If you have a baseball bat in your hand, walking down the street, it’s not a weapon if you’re on your way to the batting cage.  If you have a bat and you already threatened to hit someone with it, it’s going to be considered a weapon.

We want to help you with whatever charge you’re facing, however every charge is different.  Below is a list of weapons charges which might specifically apply to your case.  For more information please find your charge and read more about how we can fight that case.  For more information, please contact our office at (201) 556-1571

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.

2C:39-4.  Possession of weapons for unlawful purposes.

a.Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

(2)Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court.  The term of imprisonment shall include the imposition of a minimum term.  The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole.  As used in this paragraph, “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.

b.Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

c.Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

d.Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

e.Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

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