Prohibited Weapons and Devices | Criminal Attorney

Innocent Unless Proven Guilty

Although New Jersey law allows for the right to bear arms, there are many prohibitions against specific weapons. The following are prohibited in New Jersey. However, there are exemptions for individuals who possess a valid federal firearm license (Collector Curios and Relics License), which is issued by the Bureau of Alcohol, Tobacco, and Firearms (ATF).

1. Destructive devices
   1. A missile having an explosive or incendiary charge of more than one-fourth ounce
   2. Any type of weapon, by whatever name known, that will be converted or may be readily converted to expel a projectile, by the action of an explosive or other propellant, the barrel or barrels of which have a bore greater than one-half inch in diameter
   3. A combination of parts designed and intended for use in converting a device into a destructive device and from which a destructive device can be readily assembled
2. Sawed-off shotguns
3. Silencers
4. Defaced firearms
   1. With the exception of an antique firearm or antique handgun
5. Certain weapons
   • Gravity knife
   • Switchblade knife
   • Dagger
   • Dirk
   • Stiletto
   • Billy club
   • Blackjack
   • Metal knuckle
   • Sand club
   • Slingshot
   • Cestus (or similar leather band studded with metal filings or razorblades imbedded in wood).
   • Ballistic knife
6. Dum-dum or body-armor penetrating bullets
7. Stun guns
8. Large-capacity ammunition magazine
9. Handcuffs

 

Penalties for Possession of Illegal Weapons

The penalties differ for possession of illegal weapons, depending on the circumstance of the arrest and the weapon. For example, the penalty will vary based on where the weapon was found and if the individual arrested was in the act of committing a crime or had the intent to commit a crime. To more accurately identify the possible penalties, you should contact a professional attorney.

Defenses against Possession of Illegal Weapons

As mentioned in the penalties section above, a legal defense can vary based on the situation of the defendant. However, there are some means by which Fred Sisto can defend you in all situations. These can include, but are not limited to:

• Collecting evidence proving the search for the weapon or the arrest was performed illegally
• Observing that the weapon was not in the constructive or actual possession of the defendant
• Showing that the weapon is part of a legal collection

Regardless of your unique situation, it is imperative to have a professional, educated, and experienced attorney on your side. Call Fred Sisto at (732) 898-3232 today to find out how he can help build a successful defense.