Prohibited Weapons, Devices, and Ammunition Attorneys Passaic County, NJ
Serving Clients Across Paterson, Clifton, Woodland Park, Wayne, West Milford, Little Falls and Passaic County
There are certain weapons, devices, and types of ammunition which are illegal in the state of New Jersey under normal circumstances. Possession of prohibited weapons and devices can lead to third or fourth degree criminal charges or disorderly persons charges which can result in serious penalties including prison time. Many of the weapons, devices and ammunition are destructive or deadly in such a fashion that would lead to a public safety concern.
At The Law Office of Del Sardo & Montanari, we strive to protect our clients’ legal rights when facing all manner of weapons charges including unlawful possession of a weapon, unlawful possession of a firearm, certain persons offenses, and possession of prohibited weapons, devices and ammunition. We believe in treating all clients with the empathy and respect they deserve when facing serious criminal charges in New Jersey towns like Paterson, Wayne, Clifton, Woodland Park, Little Falls, West Milford and the greater Passaic County area. Lean on our experience and knowledge of New Jersey gun laws to seek reduced or dismissed charges in you or your loved one’s prohibited weapons, devices, and ammunition case.
Call our office to speak with a member of our legal team in a free and confidential consultation regarding your possession of prohibited weapons, devices and ammunition charges today.
Prohibited Weapons N.J.S.A. 2C:39-3: Paterson, NJ Unlawful Weapon Possession Lawyers
Pursuant to New Jersey Revised Statutes Section 2C:39-3 – Prohibited weapons and devices, it is illegal to knowingly possess or use any of the following weapons:
- Sawed off shotguns – third degree gun charge
- Defaced firearms – fourth degree gun charge
- Stunguns – fourth degree charge
- Blades or knives such as gravity knives, switchblades, daggers, dirks, stilettos, ballistic knives – fourth degree charge
- Billy clubs or blackjacks – fourth degree charge
- Metal knuckles – fourth degree charge
- Sandclubs – fourth degree charge
- Slingshots – fourth degree charge
- Cestus or any leather band studded with metal or razor blades in a wood – fourth degree charge
For the categories of blades and the other blunt instruments through to cestuses, possession may be legal if the possessor is able to provide a lawful purpose. Speak to our Paterson defense attorneys to learn more about potential lawful purposes and how they may impact your case.
Clifton, NJ Unlawful Purpose Weapons Attorneys Define Prohibited Devices
According to the same statute of New Jersey Revised Statutes Section 2C:39-3, it is illegal to knowingly posses or use any of the following prohibited devices:
- Destructive devices – third degree charge
- Firearm Silencers – fourth degree charge
- Handcuffs – knowing possession may lead to a disorderly persons charge. Handcuffs may be legally possessed if they are being used for lawful purposes. Any unlawfully possessed handcuffs will be confiscated by law enforcement officers
- Pursuant to N.J.S.A. Section 2C:39-9.2 – Sale of handcuffs to minors, prohibited, sale of handcuffs to minors is also a disorderly persons offense
Wayne, NJ Prohibited Ammunition Lawyers
Again, as per the N.J.S.A. Section 2C:39-3, there is certain ammunition which is unlawful to knowingly possess or use in New Jersey. Such illegal ammunition includes “dum-dum” or body armor penetrating bullets. Unlawful possession of such ammunition is considered a fourth degree charge. For ammunition to be considered body armor piercing, it often meets these three criteria:
- Ammunition is primarily designed for handgun usage
- Bullets have a core or jacket which is thicker than .025 of an inch, is made of a materials such as tungsten carbide, hard bronze or has a Rockwell B. Hardness Scale rating of greater than 71
- Is able to pierce, breach or otherwise penetrate body armor
A collector may be exempt from the above regulations if he or she has a valid “Collector of Curios and Relics License” as issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Even then, he or she may only possess three (3) items each of a distinct variation of these ammunition types. Distinct variations refer to different head stamps, compositions, designs, or colors.
West Milford, NJ Unlawful Possession of Weapons Attorneys Discuss Penalties
Third degree convictions for unlawful possession of prohibited weapons or devices may lead to prison sentences of up to five (5) years and fines up to $15,000.
Fourth degree convictions for illegal possession of prohibited weapons, devices or ammunition may lead to up to 18 months in prison and fines of $10,000.
Disorderly persons convictions for unlawful possession of prohibited devices may lead to maximum jail time of six (6) months.
In the case of unlawful possession of sawed off shotguns or defaced weapons, the sentencing will also fall under the New Jersey Graves Act, which dictates that an offender has a mandatory prison sentence. That prison sentence must also include a minimum parole ineligibility period which will be between one third and one half of the total sentence. For third degree sentences, the minimum parole ineligibility is set at three (3) years and for fourth degree sentences, the minimum period is set at 18 months.
Contact our Woodland Park, NJ Prohibited Weapons and Devices Lawyers Today
At The Law Office of Del Sardo & Montanari, our weapons charge defense attorneys serve clients in local New Jersey towns including Paterson, Clifton, Wayne, West Milford, Little Falls, Woodland Park and Passaic County. We believe in using our intimate knowledge of New Jersey gun laws and the criminal court system to the fullest possible extent when seeking to have your prohibited weapons, devices and ammunition charges dropped or reduced.
Contact us online or through our Woodland Park offices by calling (973) 233-4396 today for a free and confidential consultation regarding your gun related charges including unlawful possession of prohibited weapons, devices and ammunition.