Unlawful Disposition of a Firearm Offense in New Jersey

NJ Illegal Disposition and Sale of Weapons Crimes – Penalties for Unlawful Disposition of a Firearm in NJ – Fight N.J.S.A. 2C:39-9 Charges

In New Jersey, the law requires those dealing with firearms to legally make, sell, transfer, transport, or otherwise dispose of them. The word “disposition” has multiple meanings in its ordinary sense, but under the law, the word means something different. Legal disposition means distributing or transferring something, like money or property. In the case of New Jersey Statute Section 2C:39-9, it refers to the disposition of weapons. Unlawful disposition of weapons includes the unlicensed manufacturing, selling, transporting, shipping, or otherwise disposing of guns. The law prohibits the disposition of certain gun accessories, weapons, ammunition, and defaced firearms. These charges can be graded as fourth degree, third degree, or second degree crimes depending on the nature of the offense.

An arrest for unlawful disposition of a firearm in New Jersey can leave you reeling, and a conviction can forever alter your life course. And yet, getting through the criminal process from arrest to resolution of your case with help from a zealous New Jersey gun defense attorney can make a horrible situation bearable. You can reduce the fear of the unknown with sound advice, guidance, and legal experience to support and defend you. The weapons defense lawyers at The Tormey Law Firm handle unlawful disposition of firearms and weapons charges on a regular basis in counties across the state of NJ, including in Bergen County, Hudson County, Union County, Middlesex County, and Monmouth County. Contact an attorney at The Tormey Law Firm 24/7 for a free consultation about your gun case. Dialing (201)-556-1570 or requesting a free consultation with a gun lawyer by sending a message can be your first step in the right direction when you help fighting a weapons case.

Offenses under NJ Section 2C:39-9 – Unlawful manufacturing, transporting, disposition and defacement of firearms and other weapons

N.J.S.A.2C:39-9 covers a wide range of activities and weapons under the umbrella of unlawful disposition of a firearm. According to the statute, making (including a request to manufacture), delivering, shipping, or transferring in any manner a machine gun, sawed-off shotgun, assault gun, bump stock (rapid-fire component), or large-capacity magazine without a license is a third degree crime. You must be a licensed manufacturer, dealer, or retailer registered with the state to make or otherwise transfer these types of firearms or firearm accessories.

Fourth degree violations of 2C:39-9 include manufacturing, transporting, shipping, or selling firearm silencers. The same applies to non-firearm weapons, such as gravity knives, switchblade knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings. You cannot manufacture, request manufacture, ship, retail, or dispose of these types of weapons or weapons that project tear gas or other harmful chemicals to cause discomfort, such as bombs, missiles, or mortars, excluding non-lethal, pocket-sized personal self-defense sprays.

It is also a fourth degree crime to get, conceal, sell, or dispose of a defaced firearm. A defaced firearm is without a valid serial number due to altering, removing, or destroying it. And unless you are in the military, with authorized use, it is a fourth degree crime to make or dispose of armor-piercing ammunition. You can also be an authorized dealer or collector of antique collectible ammunition without violating the law.

It is also forbidden to bring illegal firearms to New Jersey to sell or transfer. Firearms include rifles, shotguns, and handguns but may not involve antique, BB, or airsoft guns. Transporting illegal firearms into New Jersey is a second degree crime, as is making gun parts to be assembled into a firearm by 3-D printer or otherwise gun manufacturing when you are not licensed to do so or dealing in concealed firearms, typically to get around laws requiring serial numbers for guns.

Unlawful Disposition of a Firearm Penalties in New Jersey

The penalties for unlawful disposition of a firearm range based on the degree of crime. Violations of N.J.S.A. 2C:39-9 that constitute fourth degree indictable crimes come with a potential 18-month prison sentence and a $10,000.00 fine. Violating the law in a manner considered a third degree crime can result in 3 to 5 years in state prison and a $15,000.00 fine. The most serious offenses under the law are graded as second degree indictable crimes, with a sentence including a 5 to 10-year prison term and a maximum fine of $150,000.

Moreover, the steep penalties are enhanced for certain violations of 2C:39-9, which cause the prosecutor to invoke the Graves Act. Specifically, violating the statute under subsections (a), (b), (e), and (g) is governed by the Graves Act’s harsh sentencing requirements. N.J.S.A. 2C:43-6 sets forth the terms of the Graves Act, which applies to unlawful disposition crimes concerning machine guns, sawed-off shotguns, defaced firearms, and assault firearms. Convictions for Graves Act crimes require defendants to serve mandatory sentences and mandatory minimum portions of these sentences with parole ineligibility. The sentencing required for a Graves Act crime includes a parole-ineligible prison term of one-third to one-half of the sentence, or 42 months, whichever is greater. For fourth degree Graves Act crimes, the mandatory minimum is 18 months.

Best Defense Options for Unlawful Disposition of Guns and Weapons in NJ

Having the best defense approach given the circumstances is imperative if you are facing charges for N.J.S.A. 2C:39-9. In some cases, you can leave prison sooner or avoid it altogether. For example, sometimes you can obtain a Graves Act Waiver, which allows the court to disregard the minimum parole ineligibility period. However, Graves Act waivers are not a given. You need an attorney experienced in obtaining these waivers, assembling the documentary and testimonial evidence to support your case, and knowing the law that governs Graves Act waivers. A lawyer experienced with handling gun cases can stress your clear or minimal criminal record, your circumstances, background, familial situation, cooperation with the police, employment, remorse, zero threat to the public, non-violent use of a firearm, and the prosecutor’s support for a better sentence.

Further, a Graves Act waiver and a first-time offense may pave the way to Pre-Trial Intervention (PTI). PTI allows for a dismissal of your charges after you complete a probationary period rather than a prison term in state prison. The program requires you to report to a supervising officer who ensures you complete the program, perhaps with conditions including attending counseling, rehabilitation services, drug testing, education, or other resources tailored to your circumstances and crime. You must stay crime-free during the program. At the conclusion, you have a clean criminal record of convictions. However, prosecutors decide whether to allow your application for PTI. Gun crimes typically disqualify you, but not necessarily non-violent gun crimes. Your attorney needs to argue for your eligibility as a first-time offender who is a prime candidate for a second chance.

In other cases, probation may be the best defense option, which allows you to stay out of jail. Even if this is not your first offense, an attorney can protect you against overzealous prosecutors seeking a maximum sentence or running roughshod over your rights. There are potential legal issues that may be used to argue for a dismissal of the charges in your case. For instance, an illegal search of your car, your house, or your place of business may mean vital evidence can’t be used against you in court. This can dismantle the prosecutor’s case and mean they can’t prove it beyond a reasonable doubt. Other constitutional issues, like being interrogated when you’ve asked for a lawyer can also be used to support your defense. Witness lack of credibility, an unlawful stop that led to further investigation, and more can be critical arguments in your defense strategy. The key is having a lawyer who can find the fatal flaws and holes in the state’s case against you when facing gun charges.

Talk to a NJ Firearm Defense Lawyer You can Trust

If you have been charged with unlawful disposition, manufacture, transport, or transfer of firearms or other weapons in New Jersey, your case demands the assistance of a skilled and dedicated gun lawyer. The firearms and weapons defense team of attorneys at The Tormey Law Firm will stand by your side from beginning to end. When you face serious criminal penalties for illegally selling or disposing of a gun, too much is at stake not to hire the best legal counsel you can find. With a criminal defense firm concentrating on gun cases as one of its primary areas of practice, it’s a team of lawyers to entrust your future to in counties Ocean County, Somerset County, Passaic County, Essex County, Hunterdon County, and Morris County. Contact (201)-556-1570 to receive a free consultation anytime, day or night, seven days a week.