Ocean County Weapons Charges Involving B-B Guns or Airsoft Guns
Weapons charges stemming from incidents involving BB guns, Airsoft guns, and paintball guns have drastically increased in recent years throughout New Jersey, including Ocean County. This increase can be attributed to their recreational popularity, New Jersey’s strict gun laws and the fact that they are easy to obtain since a firearms permit is not necessary to purchase an air gun or pellet rifle. The biggest manufacturers of air guns are Daisy (Winchester & Avanti), Umarex (RWS, Walther, Colt & Beretta), Crosman (Benjamin Sheridan & Remington), Tech Force, Gamo, Beeman, EAA, and Softair. Under NJ law, these “toys” are considered firearms and if they are used in an unlawful manner then they will bring the same serious penalties as would an ordinary gun such as a criminal record and jail time. The Law Offices of John F. Marshall is an Ocean County Criminal Defense Law Firm located in Toms River, NJ that has almost 60 years of combined experience. A substantial amount of our defense practice focuses on defending weapons and gun charges in Ocean County and elsewhere in New Jersey. Our veteran defense lawyers and former prosecutors are very familiar with the intricacies of Ocean County’s court system. For instance, lawyer Thomas V. Campo from our firm is the former prosecutor of Brick Town, Forked River, Ocean, Little Egg Harbor, Manahawkin, Barnegat, Lacey, Tuckerton, Waretown, Stafford, Beachwood, Long Beach, and Plumsted. Don’t wait any longer when your future is on the line! Contact us today to receive a free consultation with a knowledgeable weapons charges defense attorney.
Unlawful Use of Spring Action & Air Rifles in Ocean County
In New Jersey, a BB gun or airgun is defined as a “firearm” according to statute 2C:39-5(f). Most of the general public is not aware of this legal definition and it often causes people to unknowingly run into a lot legal trouble. In fact, any law that NJ passes involving guns will affect the use and sale of pellet guns and high powered airguns. For instance, when the state recently banned all types of assault weapons it also made the possession of all semi-automatic air rifles and B-B guns illegal. Possession of a B-B gun or air rifle with the purpose to use it unlawfully against a person or property of another would be a crime of the second degree Possession of Weapons for Unlawful Purposes 2C:39-4(a). A second degree crime is very serious and conviction of such brings a presumption of incarceration with a maximum of ten years behind bars. It is also a crime to simply possess a firearm in certain public places. For instance if a person brings an air gun onto school or college grounds it is a third degree Unlawful Possession of Weapons offense. Since this is a third degree crime it is punishable by jail time of eighteen months to five years.
Ocean County Weapons Offense Involving B-B & Airsoft Pistols
B-B and pellet pistols are subject to all of the above mentioned laws affecting air guns plus a statewide carry restriction. This means that since a spring action pellet pistol is literally considered a handgun in New Jersey, under NJ statute 2C:58-4, an individual needs carry permit to possess a BB pistol on their person. Therefore, carrying this type an air handgun without a valid permit is a third degree offense according to 2C:39-5(b) and thus a conviction is punishable by up to five years in jail. However, the law does provide somewhat of a safety net for youthful offenders. If the individual is under the age of 21 when they acquire, possess, carry, fire, or use the pellet pistol without proper supervision then the charge is downgraded to a fourth degree and this drastically lowers the chances of incarceration. It should also be noted that even though paintball guns are not defined as a pistol or firearm in NJ they are considered a “weapon”. Therefore possession of a paintball gun with an unlawful purpose is a third degree crime punishable up to five years of incarceration.
Most people don’t pay much attention to an incident involving an airgun and they will not grasp the seriousness of the crime until they are arrested and charged. It may seem hard to comprehend at first but because of the way the statute is set up, these types of charges are some of the most severe in the state and a conviction can bring a presumption of incarceration and other harsh repercussions. If you have been charged with Unlawful Possession of a Weapon or Possession of a Weapon for Unlawful Purposes in Ocean County because of your use of a BB gun or Airsoft gun then you need to consult an experienced attorney immediately. The former prosecutors and veteran defense attorneys at the Law Offices of John F. Marshall have almost 60 years of combined experience and specialize in handling serious weapons charges. Through our use of aggressive tactics and unwavering dedication we are often able to help our clients avoid incarceration. Our Ocean County Criminal Defense Firm is conveniently located in Toms River, NJ. Our lawyers appear in Ocean County Superior Court for weapons charges arising throughout Ocean County including Lakewood, Seaside, South Toms River, Bay Head, Jackson, Lakehurst, Manchester, New Egypt, Point Pleasant, Pine Beach, Barnegat Light, and Lavalette. Do not hesitate to contact our Toms River office to schedule a free conference with a weapons defense lawyer who can advise you of your options and explain more about the weapons charges you are facing.
