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Unlawful Disposition of a Firearm

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Bergen County NJ Unlawful Disposition of a Firearm Defense Attorneys 

Criminal Defense Lawyers with Offices in Hackensack, New Jersey

Weapons Possession Charges Bergen County NJ
Weapons Possession Charges Bergen County NJ

Unlawful disposition of a firearm is a serious felony charge in New Jersey which can result in jail time and a permanent conviction on your background if convicted of this offense.

New Jersey has some of the strictest gun laws in the country. Under the Graves Act, a defendant charged with a firearms offense, even with no prior record, is facing mandatory state prison time and parole ineligibility. If you have been arrested on a handgun or weapons charge in New Jersey, you need straight answers from an experienced weapons offenses defense attorney.

Travis J. Tormey and the attorneys at The Tormey Law Firm have extensive experience representing clients charged with illegal gun offenses, including unlawful possession of a weapon, certain persons offenses, and possession of a weapon for an unlawful purpose in Bergen County and throughout New Jersey. Representing clients in towns such as Franklin Lakes, Oakland, and Ridgewood on a regular basis has allowed them to hone their crafts in the realm of criminal and DWI defense. In fact, Mr. Tormey was named one of the Top 10 Criminal Defense Attorneys Under 40 In New Jersey in 2014 by the National Academy of Criminal Defense Attorneys and also heralded as one of the Top 40 Attorneys Under 40 in the Nation in 2014 by the National Trial Lawyers Association.

For a free consultation about your weapons charges in New Jersey, call (201)-330-4979, submit an online contact form, or schedule an appointment to meet with us in person at our convenient Hackensack office location. You can also review our client testimonials page for additional information and check out our client reviews on Avvo.com.

 

Unlawful Disposition of a Firearm: N.J.S.A. 2C:39-9

A criminal charge for unlawful disposition of a firearm is governed by N.J.S.A. 2C:39-9, which provides, in pertinent part:

§ 2C:39-9. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances

a. Machine guns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun is guilty of a crime of the third degree.

c. Firearm silencers. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree.

d. Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58, is guilty of a crime of the fourth degree. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.A. 2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions, is guilty of a crime of the fourth degree.

e. Defaced firearms. Any person who defaces any firearm is guilty of a crime of the third degree. Any person who knowingly buys, receives, disposes of or conceals a defaced firearm, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

f. (1) Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any bullet, which is primarily designed for use in a handgun, and which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and is therefore capable of breaching or penetrating body armor and which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel, is guilty of a crime of the fourth degree.

g. Assault firearms. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of an assault firearm without being registered or licensed to do so pursuant to N.J.S.A. 2C:58-1 et seq. is guilty of a crime of the third degree.

h. Large capacity ammunition magazines. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel is guilty of a crime of the fourth degree.

i. Transporting firearms into this State for an unlawful sale or transfer. Any person who knowingly transports, ships or otherwise brings into this State any firearm for the purpose of unlawfully selling, transferring, giving, assigning or otherwise disposing of that firearm to another individual is guilty of a crime of the second degree. The temporary transfer of a firearm while hunting or target shooting, the transfer of any firearm that uses air or carbon dioxide to expel a projectile, or the transfer of an antique firearm shall not constitute a violation of this subsection.

 

Unlawful Disposition of a Firearm in New Jersey: Graves Act Offense

Depending on which statutory subsection you are charged under, unlawful disposition of a firearm can be a second degree, third degree, or fourth degree crime. Certain subsections also trigger the Graves Act, which requires mandatory prison time and periods of parole ineligibility. Specifically, the following are Graves Act offenses:

  • Manufacture, Transport of a Machine Gun – N.J.S.A. 2C:39-9(a)
  • Manufacture, Transport of a Sawed Off Shotgun – N.J.S.A. 2C:39-9(b)
  • Manufacture, Transport of Defaced Firearms – N.J.S.A. 2C:39-9(e)
  • Manufacture, Transport of Assault Firearms – N.J.S.A. 2C:39-9(g)

If the Graves Act is implicated, the State’s plea offer will almost certainly include state prison time and a period of parole ineligibility. As such, it is crucial to have an experienced criminal defense lawyer advocating on your behalf. Do not wait to contact our Hackensack offices at (201)-330-4979 for a free consultation about your weapons offense case.

Hear From Those Who Know

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

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