Paintball Guns, BB Guns, and Airsoft Gun Charges Defense Lawyers in New Jersey
The Moriarty family represents clients charged with al types of weapon offenses throughout New Jersey. For decades we have been helping our clients beat their weapons charges. Call us today at 732-842-7773. The initial consultation is always free of charge.
Illegal Weapons Offenses: BB Guns, Paintball Guns, Airsoft Guns
New Jersey gun laws are so strict that, believe it or not, the possession or use of a BB gun, paintball gun, or airsoft gun can result in serious charges and even prison sentences! Despite the fact that these weapons are used for entertainment and recreational purposes and there is no permit requirement for obtaining these weapons, the State can still charge you with unlawful possession of a weapon or possession of a weapon for an unlawful purpose. It is always important to remember that one element of the crime is having a criminal state of mind when in possession of these types of weapons. This is often a difficult thing for the State to prove in your case. Our attorneys have tried and won unlawful possession of a weapon cases all over New Jersey, this is how we have built our reputation.
Possession of a Weapon in a Motor Vehicle: N.J.S.A. 2C:39-2
In New Jersey, possession of a weapon in a motor vehicle is governed by N.J.S.A. 2C:39-2 which provides:
§ 2C:39-2. Presumptions
a. Possession of firearms, weapons, destructive devices, silencers, or explosives in a vehicle. When a firearm, weapon, destructive device, silencer, or explosive described in this chapter is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one. If there is more than one occupant in the vehicle, it shall be presumed to be in the possession of all, except under the following circumstances:
(1) When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone;
(2) When the vehicle is not a stolen one and the weapon or other instrument is found out of view in a glove compartment, trunk or other enclosed customary depository, it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the vehicle; and
(3) When the vehicle is a taxicab and a weapon or other instrument is found in the passenger’s portion of the vehicle, it shall be presumed to be in the possession of all the passengers, if there are any, and if not, in the possession of the driver.
b. Licenses and permits. When the legality of a person’s conduct under this chapter depends on his possession of a license or permit or on his having registered with or given notice to a particular person or agency, it shall be presumed that he does not possess such a license or permit or has not registered or given the required notice, until he establishes the contrary.
As you can see, there are certain presumptions when an illegal firearm is recovered in a motor vehicle.
If you are facing gun charges, you can speak with a lawyer at our firm 24 hours a day by calling 732-842-7773. You can also contact us by e-mail. We look forward to helping you beat your gun charges.
Call today and protect your rights!
If you are facing charges related to the illegal possession of a weapon or firearm, you can call our offices 24 hours a day to speak with an attorney. Call 732-842-7773 or contact us by e-mail to schedule a free initial consultation.