Illegal Possession of BB Guns in Warren County NJ
Firearms Defense Lawyers in Belvidere, New Jersey
BB Guns, Airsoft Guns, Pellet Guns under NJ Law
Surprisingly, the possession of BB guns, airsoft guns, and paintball guns can lead to criminal charges in New Jersey because of the very broad definition of the term “firearm.” The New Jersey Criminal Code, N.J.S.A. 2C:39-1(f), defines “firearm” as any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device, or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm 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. Thus, the possession or use of a BB gun, airsoft gun, or paintball gun in Sussex or Warren County, can be considered a criminal offense, leading to severe criminal penalties, and the first step in your defense should be contacting with experienced firearm defense attorneys at the Tormey Law Firm.
Here is a real case that our law firm successfully handled in Warren County regarding a BB gun charge:
BB Gun, Paintball Gun, and Pellet Gun Charges: N.J.S.A. 2C:39-4(b)(2)
Depending on the circumstances, appearance and specific type of BB gun, airsoft gun, or paintball gun, there are a few different potential criminal charges that can result from possession such items. For example, according to N.J.S.A. 2C:39-4(a) any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. Additionally, pursuant to N.J.S.A. 2C:39-4(b)(2) if a 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 bulled or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person, the possession of such handgun is a crime of the third degree. But even if a modified airsoft gun or paintball gun does not fit the exact definition of “firearm,” an imitation firearm means any object or device reasonably capable of being mistaken for a firearm and pursuant to N.J.S.A. 2C:39-4(e), any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.
Sussex County Weapons Possession Lawyers Available Now
The bottom line is that BB guns, airsoft guns, and paintball guns – even if purchased legally – can still result in charges for second, third, or fourth degree crimes in New Jersey. And because of the Graves Act, some of the potential weapons offenses for the unlawful use or unlawful possession of BB guns, airsoft guns, and paintball guns, can lead to mandatory minimum prison sentences. If you are facing criminal charges in Warren or Sussex County due to a BB gun, airsoft gun, or paintball gun, the firearms defense attorneys at our offices are available to discuss the charges, potential consequences, and defense strategies.
