2C:39-5 Unlawful possession of weapons.
2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.
b.Handguns.
Any person who knowingly has in his possession any handgun, including
any antique handgun, without first having obtained a permit to carry the
same as provided in N.J.S.2C:58-4, is guilty of a crime of the third
degree if the handgun is in the nature of an air gun, spring gun or
pistol or other weapon of a similar nature in which the propelling force
is a spring, elastic band, carbon dioxide, compressed or other gas or
vapor, air or compressed air, or is ignited by compressed air, and
ejecting a bullet or missile smaller than three-eighths of an inch in
diameter, with sufficient force to injure a person. Otherwise it is a
crime of the second degree.
c.Rifles
and shotguns. (1) Any person who knowingly has in his possession any
rifle or shotgun without having first obtained a firearms purchaser
identification card in accordance with the provisions of N.J.S.2C:58-3,
is guilty of a crime of the third degree.
(2)Unless
otherwise permitted by law, any person who knowingly has in his
possession any loaded rifle or shotgun is guilty of a crime of the third
degree.
d.Other
weapons. Any person who knowingly has in his possession any other
weapon under circumstances not manifestly appropriate for such lawful
uses as it may have is guilty of a crime of the fourth degree.
e.Firearms or other weapons in educational institutions.
(1)Any
person who knowingly has in his possession any firearm in or upon any
part of the buildings or grounds of any school, college, university or
other educational institution, without the written authorization of the
governing officer of the institution, is guilty of a crime of the third
degree, irrespective of whether he possesses a valid permit to carry the
firearm or a valid firearms purchaser identification card.
(2)Any
person who knowingly possesses any weapon enumerated in paragraphs (3)
and (4) of subsection r. of N.J.S.2C:39-1 or any components which can
readily be assembled into a firearm or other weapon enumerated in
subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances
not manifestly appropriate for such lawful use as it may have, while in
or upon any part of the buildings or grounds of any school, college,
university or other educational institution without the written
authorization of the governing officer of the institution is guilty of a
crime of the fourth degree.
(3)Any
person who knowingly has in his possession any imitation firearm in or
upon any part of the buildings or grounds of any school, college,
university or other educational institution, without the written
authorization of the governing officer of the institution, or while on
any school bus is a disorderly person, irrespective of whether he
possesses a valid permit to carry a firearm or a valid firearms
purchaser identification card.
f.Assault
firearms. Any person who knowingly has in his possession an assault
firearm is guilty of a crime of the second degree except if the assault
firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to
section 11 of P.L.1990, c.32 (C.2C:58-12); or rendered inoperable
pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).
g.
(1) The temporary possession of a handgun, rifle or shotgun by a person
receiving, possessing, carrying or using the handgun, rifle, or shotgun
under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall
not be considered unlawful possession under the provisions of
subsection b. or c. of this section.
(2)The
temporary possession of a firearm by a person receiving, possessing,
carrying or using the firearm under the provisions of section 1 of
P.L.1997, c.375 (C.2C:58-3.2) shall not be considered unlawful
possession under the provisions of this section.
h.A
person who is convicted of a crime under subsection a., b. or f. of
this section shall be ineligible for participation in any program of
intensive supervision; provided, however, that this provision shall not
apply to a crime under subsection b. involving only a handgun which is
in the nature of an air gun, spring gun or pistol or other weapon of a
similar nature in which the propelling force is a spring, elastic band,
carbon dioxide, compressed or other gas or vapor, air or compressed air,
or is ignited by compressed air, and ejecting a bullet or missile
smaller than three-eighths of an inch in diameter, with sufficient force
to injure a person.
i.A
person convicted of violating subsection a., b. or f. of this section
shall be sentenced by the court to a term of imprisonment, which shall
include the imposition of a minimum term during which the defendant
shall be ineligible for parole, if the court finds that the aggravating
circumstance set forth in paragraph (5) of subsection a. of
N.J.S.2C:44-1 applies. The minimum term of parole ineligibility shall
be fixed at five years. The sentencing court shall make a finding on
the record as to whether the aggravating circumstance set forth in
paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, and the court
shall presume that there is a substantial likelihood that the defendant
is involved in organized criminal activity if there is a substantial
likelihood that the defendant is a member of an organization or group
that engages in criminal activity. The prosecution at the sentencing
hearing shall have the initial burden of producing evidence or
information concerning the defendants membership in such an organization
or group.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500
2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.
b.Handguns.
Any person who knowingly has in his possession any handgun, including
any antique handgun, without first having obtained a permit to carry the
same as provided in N.J.S.2C:58-4, is guilty of a crime of the third
degree if the handgun is in the nature of an air gun, spring gun or
pistol or other weapon of a similar nature in which the propelling force
is a spring, elastic band, carbon dioxide, compressed or other gas or
vapor, air or compressed air, or is ignited by compressed air, and
ejecting a bullet or missile smaller than three-eighths of an inch in
diameter, with sufficient force to injure a person. Otherwise it is a
crime of the second degree.c.Rifles
and shotguns. (1) Any person who knowingly has in his possession any
rifle or shotgun without having first obtained a firearms purchaser
identification card in accordance with the provisions of N.J.S.2C:58-3,
is guilty of a crime of the third degree.(2)Unless
otherwise permitted by law, any person who knowingly has in his
possession any loaded rifle or shotgun is guilty of a crime of the third
degree.d.Other
weapons. Any person who knowingly has in his possession any other
weapon under circumstances not manifestly appropriate for such lawful
uses as it may have is guilty of a crime of the fourth degree.e.Firearms or other weapons in educational institutions.(1)Any
person who knowingly has in his possession any firearm in or upon any
part of the buildings or grounds of any school, college, university or
other educational institution, without the written authorization of the
governing officer of the institution, is guilty of a crime of the third
degree, irrespective of whether he possesses a valid permit to carry the
firearm or a valid firearms purchaser identification card.(2)Any
person who knowingly possesses any weapon enumerated in paragraphs (3)
and (4) of subsection r. of N.J.S.2C:39-1 or any components which can
readily be assembled into a firearm or other weapon enumerated in
subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances
not manifestly appropriate for such lawful use as it may have, while in
or upon any part of the buildings or grounds of any school, college,
university or other educational institution without the written
authorization of the governing officer of the institution is guilty of a
crime of the fourth degree.(3)Any
person who knowingly has in his possession any imitation firearm in or
upon any part of the buildings or grounds of any school, college,
university or other educational institution, without the written
authorization of the governing officer of the institution, or while on
any school bus is a disorderly person, irrespective of whether he
possesses a valid permit to carry a firearm or a valid firearms
purchaser identification card.f.Assault
firearms. Any person who knowingly has in his possession an assault
firearm is guilty of a crime of the second degree except if the assault
firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to
section 11 of P.L.1990, c.32 (C.2C:58-12); or rendered inoperable
pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).g.
(1) The temporary possession of a handgun, rifle or shotgun by a person
receiving, possessing, carrying or using the handgun, rifle, or shotgun
under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall
not be considered unlawful possession under the provisions of
subsection b. or c. of this section.(2)The
temporary possession of a firearm by a person receiving, possessing,
carrying or using the firearm under the provisions of section 1 of
P.L.1997, c.375 (C.2C:58-3.2) shall not be considered unlawful
possession under the provisions of this section.h.A
person who is convicted of a crime under subsection a., b. or f. of
this section shall be ineligible for participation in any program of
intensive supervision; provided, however, that this provision shall not
apply to a crime under subsection b. involving only a handgun which is
in the nature of an air gun, spring gun or pistol or other weapon of a
similar nature in which the propelling force is a spring, elastic band,
carbon dioxide, compressed or other gas or vapor, air or compressed air,
or is ignited by compressed air, and ejecting a bullet or missile
smaller than three-eighths of an inch in diameter, with sufficient force
to injure a person.i.A
person convicted of violating subsection a., b. or f. of this section
shall be sentenced by the court to a term of imprisonment, which shall
include the imposition of a minimum term during which the defendant
shall be ineligible for parole, if the court finds that the aggravating
circumstance set forth in paragraph (5) of subsection a. of
N.J.S.2C:44-1 applies. The minimum term of parole ineligibility shall
be fixed at five years. The sentencing court shall make a finding on
the record as to whether the aggravating circumstance set forth in
paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, and the court
shall presume that there is a substantial likelihood that the defendant
is involved in organized criminal activity if there is a substantial
likelihood that the defendant is a member of an organization or group
that engages in criminal activity. The prosecution at the sentencing
hearing shall have the initial burden of producing evidence or
information concerning the defendants membership in such an organization
or group.Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500
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