Prepared for the People as
a Public Service by the Law Office
of Vincent J. Sanzone, Jr.
The law which increased
mandatory minimum sentences for people in possession of an assault firearm as
defined in N.J.S.A. 2C:39-5(f), has also eliminated mandatory minimums
for people convicted of possession of BB, air-guns and spring-guns. The elimination of mandatory minimums also
applies to people in possession of a shot guns or rifles without first
obtaining a permit N.J.S.A. 2C:39-5c(1).
The purpose of the law it
would seem is to give the court some discretion in sentencing first time
offenders who are caught with possessing firearms in their home. Many law abiding people have inherited
firearms from family and friends which they keep in their homes without having
applied for a firearms purchaser identification card.
Before anyone pleas to
such an offense you must consult an attorney to find out whether you have a
viable suppression motion in the seizure of the firearm. This is especially true if the firearm was
seized without a search warrant from your home or motor vehicle, or as a result
of an alleged domestic violence complaint, and subsequent search.
If you are charged with a
firearms charge in Union, Essex, Middlesex, Hudson, Bergen, Passaic, and Somerset Counties you must seek the advice of an experienced New Jersey Criminal Defense Lawyer.
Quote of Day: "It is not a unity of religion we seek
but a union of religious people. We may not be able to meet in the same pew,
but we can meet together on our knees (as Christians [or all people of good
will]" Archbishop Fulton J Sheen.
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