Monmouth County NJ Firearms and Weapons Lawyers
Most people are entirely unaware that a valid firearm permit is required to “carry” a BB gun, pellet gun, airsoft gun, or paintball gun in New Jersey. While this sounds odd, New Jersey takes a very strict approach to firearms laws and this probably explains why an object that some view as a toy could be interpreted to be a weapon. But this is the reality of the law. If you have been charged with unlawful possession of an airsoft gun, paintball gun or BB gun, you are best served by seeking the advice of an attorney. The Law Offices of Jonathan F. Marshall has two conveniently located offices in this county, one in Red Bank and another close to the Superior Court in Freehold NJ. With over 100 years of combined experience and a team comprised of former prosecutors, we are here to discuss your case and formulate the best possible defense. We represent individuals with BB gun offenses in Middletown, Howell, Little Silver, Red Bank, Tinton Falls, Holmdel and in other municipalities in the county. Call one of our offices today for a free initial consultation.
BB Guns, Airsoft Guns, and Paintball Guns in New Jersey
New Jersey law defines “firearms” under N.J.S.A. 2C:39-1 and includes any weapon that fires a projectile using high compression. When a person unlawfully possesses a weapon of this nature, namely, a BB gun, airsoft gun, or paintball gun that is in the form of a handgun or pistol, he can be charged with a third degree offense under N.J.S.A. 2C:39-5. If an individual is what we term a certain person (i.e. someone prohibited from possessing a firearm), this charge can be enhanced to a second degree in accordance with N.J.S.A. 2C:39-7. Possession of a paintball, BB/Pellet gun, or airsoft gun also escalates to a second degree crime where the “firearm” is used for an unlawful purpose such as shooting at someone or something or to threaten. To complicate matters even more, the No Early Release Act (NERA) applies when an air gun or paintball gun is used to commit a violent crime.
Jail, Fines & Other Penalties. Where the weapon charge is of a third degree grade, the jail exposure is up to five (5) years. A second degree carries five (5) to ten (10) years. Additionally, the Graves Act applies to many firearm offenses and imposes a mandatory period of parole ineligibility. The fine is as high as $15,000 for a third degree weapon conviction. A second degree offense triggers a maximum fine of $150,000
Freehold NJ BB, Airsoft & Paintball Gun Lawyer
If you have been charged with illegally possessing a BB gun, pellet rifle, or an air or paintball gun, you are exposed to the potential for jail if you are convicted. Do not put yourself in the position of facing this severe penalty without the assistance of a skilled and knowledgeable attorney that has experience handling NJ gun law cases at the Freehold Courthouse. While it may seem unbelievable that you can be charged with possessing something you viewed merely as a toy, it is a mistake to appear in the Superior Court in Freehold without a lawyer experienced in this area of the law because the State takes a very strict approach to possession of a firearm. We have defended many BB/pellet gun cases in Monmouth County including charges arising in Eatontown, Keyport, Englishtown, Ocean, Manasquan, and Shrewsbury. Call our firm anytime of day at 732-462-1197 for a telephone consultation or to set up an appointment at our Freehold office.
