What is Possession of a Weapon for an Unlawful Purpose?
In the state of New Jersey, possession of weapons for unlawful purposes is a serious criminal charge with severe penalties. According to N.J.S.A. 2C:39-4 of the New Jersey Criminal Code, any person in possession of a weapon with the intent to use it unlawfully against another person or their property is in violation of the law. For the purposes of this law, the definition of a “weapon” is intentionally very broad and includes, but is not limited to, the following:
- Firearms
- Explosives
- Destructive Devices – This includes various explosive or incendiary devices such as rocket propelled grenades, incendiary bombs, molotov cocktails or other breakable containers holding flammable liquids, and any weapon capable of firing projectiles of greater than 60 caliber.
- Imitation Firearms – This can include any item that could be reasonably mistaken as a real firearm by an observer.
- Components that can be readily assembled into a weapon.
- Other Weapons – This is where the broad scope of the statute comes into play. This can include obvious weapons such as knives, swords, and brass knuckles to objects that are brandished in such a fashion as to threaten or cause death or serious bodily injury such as a baseball bat or metal rod.
A detailed list of everything that constitutes a firearm, explosive device, or other weapon in New Jersey can be found in under N.J.S.A. 2C:39-1.
It is important to note that you can be charged with this offense even for a weapon you legally own, if you are using it unlawfully.
What Must the Prosecution Show To Obtain a Weapon Possession Conviction?
There are four elements that the prosecution must prove beyond a reasonable doubt. The requirements are as follows:
- That the item in question can be considered a weapon.
- That the defendant was in possession of said weapon.
- That the defendant was in possession of said weapon in order to use it against another person or their property.
- That the purpose was to use the weapon unlawfully.
This can be difficult for the prosecution to prove, since it requires the jury to draw inferences based on the defendant’s state of mind.
Penalties for Possession of Weapons for Unlawful Purposes
Depending on the weapon in question, the penalties for possession of a weapon for unlawful purposes in NJ can change drastically. Remember that you can be charged for “unlawful purposes” whether you legally own the weapon in question or not. Unlawful Possession of a Weapon (NJ 2C:39-5) is a separate crime with a separate set of penalties.
- Possession of Firearms for an Unlawful Purpose – A Second Degree Crime
- Up to 10 years of prison time.
- Up to $150,000 in fines
- Possession of Explosives or Destructive Devices of an Unlawful Purpose – A Second Degree Crime
- Up to 10 years of prison time.
- Up to $150,000 in fines
- Possession of Other Weapons for an Unlawful Purpose – A Third Degree Crime
- Up to 5 years of prison time
- Up to $15,000 in fines
- Possession of an Imitation Weapon for an Unlawful Purpose – A Fourth Degree Crime
- Up to 18 months of prison time.
- Up to $10,000 in fines
It is important that you have a reliable criminal defense attorney in your corner to help you fight possession of a weapon for unlawful purpose charges, as the penalties for conviction are extremely severe. If you or a loved one is facing a weapon charge, contact Schneider Freiberger today.
