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.