BB & Pellet Gun Charges Attorney Elizabeth, NJ

BB & Pellet Gun Charge Attorney Elizabeth, NJ

While often perceived as toys or recreational items, BB and pellet guns can lead to serious legal trouble in New Jersey. These seemingly harmless devices are classified as firearms under certain circumstances, and possessing or using them illegally can result in criminal charges, hefty fines, and even potential jail time. If you or someone you know is facing BB or pellet gun charges in Elizabeth, NJ, securing experienced legal representation is essential.

Secure Your Defense With Brett M. Rosen

When facing a BB & Pellet gun charge in Elizabeth, NJ, securing the expertise of attorney Brett M. Rosen is crucial for crafting a formidable defense. Brett M. Rosen’s deep understanding of New Jersey’s firearm and weapons laws, particularly those pertaining to BB & Pellet guns, positions him as an exceptional advocate in such cases. His strategic and meticulous approach involves a thorough examination of the circumstances surrounding the charge, potential legal defenses, and any evidence that may support your case. By choosing Brett M. Rosen, you benefit from his unwavering commitment to protecting your rights, minimizing potential penalties, and achieving the best possible outcome. His extensive experience in handling similar cases, combined with his dedication to his clients, ensures that you have a tenacious and knowledgeable advocate fighting on your behalf, navigating the complexities of the legal system with precision and care.

Contact him today for a free consultation: 908-312-0368 & brett@nynjcriminalcivilesq.com

Understanding BB & Pellet Gun Laws in New Jersey

New Jersey law (N.J.S.A. 2C:39-5) treats BB and pellet guns with a surprising degree of seriousness. While not considered “firearms” in the traditional sense, they fall under the definition of “weapons” and are subject to various regulations and restrictions.

Key Points:

• Not “firearms” but still “weapons”: BB guns, pellet guns, and airsoft guns are not technically firearms under New Jersey law, but they are classified as “weapons” and are subject to many of the same regulations as firearms.
• Permit to Purchase: You generally need a Firearms Purchaser Identification Card (FPIC) to purchase a BB gun, pellet gun, or airsoft gun in New Jersey.
• Transportation: These weapons must be transported unloaded and in a closed and fastened case, securely tied package, or locked in the trunk of the vehicle.
• Prohibited Locations: It is illegal to possess or use these weapons in certain locations, such as schools, public buildings, and parks.
• Age Restrictions: There are age restrictions on purchasing and possessing these weapons.

Potential Charges:

• Unlawful Possession of a Weapon: Possessing a BB gun, pellet gun, or airsoft gun without an FPIC or in a prohibited location can lead to charges of unlawful possession of a weapon, which can be a third or fourth-degree crime.
• Possession of a Weapon for an Unlawful Purpose: If you possess one of these weapons with the intent to use it unlawfully against a person or property, it can be a second-degree crime.
• Aggravated Assault: Using a BB gun, pellet gun, or airsoft gun to cause bodily injury to another person can result in aggravated assault charges, which can be a third-degree crime or higher, depending on the severity of the injury.
• Criminal Mischief: Using one of these weapons to damage property can lead to criminal mischief charges.

Penalties for BB & Pellet Gun Offenses

The penalties for BB and pellet gun offenses can vary depending on the specific charges and the defendant’s prior record:

• Unlawful Possession of a Weapon:
  
  • This is a common charge, typically a third-degree crime carrying a potential prison sentence of 3 to 5 years and fines up to $15,000.
• Possession of a Weapon for an Unlawful Purpose:
  
  • If you possessed the BB or pellet gun with the intent to use it unlawfully, such as to threaten or harm someone, it can be a second-degree crime with a potential prison sentence of 5 to 10 years and fines up to $150,000.
• Aggravated Assault:
  
  • Penalties vary depending on the degree of the assault, but can include significant prison time and fines.
• Criminal Mischief:
  
  • Penalties vary depending on the extent of the damage, but can include fines and jail time.

In addition to these penalties, a conviction for a BB or pellet gun offense can also result in:

• A criminal record: This can affect your ability to obtain employment, housing, or certain professional licenses.
• Loss of firearm rights: You may be prohibited from owning or possessing any firearms in the future.
• Immigration consequences: If you are not a U.S. citizen, a conviction can lead to deportation or other immigration issues.

Defenses Against BB & Pellet Gun Charges

Defending against BB and pellet gun charges requires a thorough understanding of the law, meticulous investigation, and strategic legal maneuvering. Attorney Rosen will employ every available resource to protect your rights and freedom. Some potential defenses include:

• Lack of Knowledge: If you can prove that you were unaware that the BB gun, pellet gun, or airsoft gun was considered a weapon under New Jersey law, or that you were unaware of the restrictions on its possession or use, it may be a defense.
• Lack of Possession or Control: The prosecution must prove that you actually possessed or controlled the weapon. If you can show that you never had possession or control of the weapon, or that your possession was temporary and innocent, it may undermine the charges.
• Self-Defense: If you used the weapon to protect yourself or another person from imminent harm, it may be a valid defense.
• Accidental Discharge: If the weapon was discharged accidentally and no one was injured, it may be a mitigating factor in sentencing.
• Insufficient Evidence: The prosecution must present sufficient evidence to prove all elements of the offense beyond a reasonable doubt. Attorney Rosen can challenge the sufficiency of the evidence, arguing that there is no proof that you possessed the weapon unlawfully or that you used it for an unlawful purpose.
• Constitutional Violations: If your rights were violated during the investigation or arrest, such as illegal search and seizure or lack of Miranda warnings, Attorney Rosen can file motions to suppress any evidence obtained illegally. This can significantly weaken the prosecution’s case and potentially lead to a dismissal of the charges.
• Mistaken Identity: If you can provide evidence that you were not the person who possessed or used the BB or pellet gun, it can be a strong defense.

FAQs About BB & Pellet Gun Charges in Elizabeth, New Jersey

1. What should I do if I’m accused of a BB or pellet gun offense?

   The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the allegations without legal counsel present. Anything you say can be used against you, even seemingly innocent statements.

2. Can a BB or pellet gun charge be downgraded in New Jersey?

   In some cases, depending on the specific circumstances and the strength of the evidence, a BB or pellet gun charge may be downgraded to a lesser offense through plea negotiations or by presenting a strong defense in court. An attorney can assess the evidence and advise you on the likelihood of a downgrade.

3. Will a BB or pellet gun conviction affect my ability to own firearms in the future?

   Yes, a conviction for a BB or pellet gun offense can affect your ability to own firearms in the future. This is because these weapons are considered “weapons” under New Jersey law, and a conviction for a weapons offense can result in the loss of your firearm rights.

4. What if I was just using the BB gun for target practice on my own property?

   Even if you were using the BB gun for target practice on your own property, you could still face charges if you were doing so unsafely or recklessly, or if you were in violation of any local ordinances.

5. What if I was carrying the BB gun for protection?

   Carrying a BB gun for protection is not a valid defense to unlawful possession charges. You generally need a permit to carry a firearm in New Jersey, and BB guns are subject to many of the same restrictions as firearms.

FAQs Continued 

1. What if I didn’t know I needed a permit to buy a BB gun?

   Ignorance of the law is generally not a defense. The prosecution does not need to prove that you knew you needed a permit to buy a BB gun, only that you possessed the weapon unlawfully.

2. What if I was just playing with the BB gun with my friends?

   Even if you were just playing with the BB gun with your friends, you could still face charges if you were doing so unsafely or in a prohibited location.

3. How can a criminal defense attorney help me if I’m facing a BB or pellet gun charge?

   An experienced attorney like Brett M. Rosen, Esq., can:

   • Thoroughly investigate the circumstances of the alleged offense
   • Identify and interview potential witnesses
   • Analyze the evidence against you and challenge its admissibility if necessary
   • Negotiate with the prosecutor for a reduced charge or alternative sentencing
   • Provide a strong and strategic defense at trial

4. Can I be charged with a crime even if I didn’t injure anyone with the BB or pellet gun?

   Yes, you can be charged with a crime even if you didn’t injure anyone. Simply possessing a BB or pellet gun unlawfully or using it in a threatening manner can be enough to lead to charges.

5. What if I was a minor and didn’t know any better?

   Even if you are a minor, you can still be charged with offenses related to BB and pellet guns. However, the court may consider your age and maturity level when determining the appropriate penalties.

Don’t Face a BB & Pellet Gun Charge in Elizabeth, NJ Alone!

A BB or pellet gun charge might seem like a minor matter, but it can have serious consequences for your life and future. Don’t face these charges alone. Contact Brett M. Rosen, Esq., today for a free consultation. He will provide you with the experienced and dedicated representation you need to protect your rights and achieve the best possible outcome.

908-312-0368 & brett@nynjcriminalcivilesq.com