New Jersey Criminal Defense Law Blog : New Jersey Criminal Defense Lawyer & Attorney : John Marshall Law Firm : Drug Crimes, Domestic Violence : Monmouth, Middlesex & Union Counties

One would be shocked by the number of telephone calls I get every year from individuals arrested for illegal weapon possession at or on their way to a NJ casino. The scenarios go on and on. There is the guy who is charged when a pistol is discovered by police as a result of a domestic event with a wife, girlfriend, or boyfriend at a casino. We also find individuals running into trouble by virtue of partying in their room and the situation escalating to the point that the police are summoned. Another common scenario is the accused who leaves a weapon in his vehicle while or after valet parking, or in a bag at Atlantic City Airport.

The truth is that New Jersey takes unlicensed handguns very seriously and mandates imposition of a jail sentence in most cases. One would assume that this fact would prompt individuals to retain private counsel soon after arrest but the unfortunate reality is that the majority of the calls I receive involve out-of-state residents who take the charges lightly, opt for a public defender, and finally realize what they are up against when they are facing a plea cutoff. The plea cutoff typically requires that the defendant either accept a plea that involves 1 or 3 years of parole ineligibility, meaning that they must serve at least one year or three years of any sentence before they are even eligible for release from jail (e.g. 3 years with 1 year of parole ineligibility or 5 years with 3 years of parole ineligibility), or proceed to trial and face at least 5 years in jail if found guilty.  Why do individuals repeatedly make this mistake -- a lack of knowledge of the law and penalties for unlicensed handgun possession in NJ. Indeed, what may apply in terms of handgun possession in states like, for example, Florida, Virginia, Georgia, Pennsylvania, has no bearing in this state.

My hope is that through blog posts like this and other information on the internet, suspects charged with possessing an illegal gun will seek legal assistance early. Perhaps, this will translate into better outcomes for the long list of defendants who end up contacting us when it is too late to avoid a mandatory jail sentence and/or conviction. An even more optimist goal is to encourage individuals to  leave their guns at home when they visit New Jersey as there really is no legally permissible use for them within the state absent a license.

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The site of a crossman bb gun used to be commonplace in the homes of my friends when I was growing up. Once and a while, you would also come across a friend or his older brother that had a pellet gun. These days, the classic bb gun seems to have been replaced by what are commonly referred to as airsoft guns or even paintball guns. These items are often purchased by innocent children or adults who have absolutely no idea of the potential penalties and consequences of unlicensed possession under New Jersey Law.

As a New Jersey Gun Lawyer, I witness the havoc that an unlawful possession of a firearm charge can have on an individual possessing an airsoft, bb, or pellet gun without a license. The reason why this crops up stems from the fact that the definition of "firearm" under NJ Law includes a handgun or rifle whose projectile is fueled by air or an air cartridge. Accordingly, what is often viewed as a toy, is actually a gun under the law. See State v. Mieles, 199 N.J.Super. 29 (App.Div.), certif. denied 101 N.J. 265 (1985)(BB gun is a "firearm" under NJ law). This opens up a entire host of problems when someone is found in possession without a valid gun license and this can even include a charge of unlawful possession of a handgun with its mandatory parole ineligibility requirements. A great example of just how this can unfold was related in a news article regarding a boy exposed to a three year jail term for possessing a bb gun.

If you or a loved one has been charged with Possession of a Firearm for Unlawful Purpose or Unlawful Possession of a Gun, the situation is extremely serious. This is especially true where the airsoft or other form of air gun is used to shoot someone, scare someone, or even in conjunction with a theft. A thorough review of NJ Gun Laws, including those implicating these types of firearms, is contained at www.newjerseycriminallawattorney.com/CM/Custom/TOCWeapons.asp. It should be readily clear from both this article and the citations, that jail is a definite possibility in these types of scenarios absent some good lawyering. I am happy to report that we have been fortunate enought to avoid jail terms for our clients in these cases.

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