Unlawful Possession Machine Gun Elizabeth, NJ Attorney              

Under New Jersey law, it is a second-degree crime to knowingly possess a machine gun without a valid license. This means that if you are convicted of this offense, you could face up to 10 years in prison and a fine of up to $150,000.

There are a few exceptions to this law. For example, it is not a crime to possess a machine gun if you are a licensed firearms dealer or if you have a valid permit from the New Jersey State of New Jersey. However, these exceptions are very narrow, and it is important to consult with an experienced criminal defense attorney to determine if you qualify for one of them.

If you or a loved one is facing unlawful possession of a machine gun, unlawful possession of a handgun, possession of a weapon for an unlawful purpose, or you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact our law firm if you or a loved one is facing an unlawful possession of a machine gun charge in New Jersey to discuss your potential case.

What Are the Elements of Unlawful Possession of a Machine Gun?

In order to prove that you committed the crime of unlawful possession of a machine gun, the prosecution must prove the following elements beyond a reasonable doubt:

1. That you knowingly possessed a machine gun, or
   1. any instrument or device adaptable for use as a machine
2. That you did not have a valid license to possess a machine gun.

What Does It Mean to “Knowingly Possess” a Machine Gun?

In order to be convicted of unlawful possession of a machine gun, you must have knowingly possessed the firearm. This means that you must have been aware that you were in possession of a machine gun and that you intended to possess it.

The prosecution can prove that you knowingly possessed a machine gun by showing that you:

• Made statements indicating that you knew you were in possession of a machine gun.
• Took steps to hide or conceal the machine gun.
• Used the machine gun in a crime.
• Were in possession of the machine gun for a significant period of time.

What is a Valid License to Possess a Machine Gun?

Typically, only a few people in New Jersey are eligible to obtain a license to possess a machine gun. These include:

• Licensed firearms dealers
• Law enforcement officers
• Members of the military
• Collectors

If you are not a member of one of these groups, you are unlikely to be eligible for a license to possess a machine gun.

Under NJSA 2C:58-5, if a person desires to purchase, possess and carry a machine in the State of New Jersey, they may apply for a license. The application has to be submitted to the Superior Court in the county in which the individual resides or conducts business if he/she is a nonresident. The application should set forth in detail the reasons for desiring such a license. A license will not be issued, for example, if the individual would not qualify for a permit to carry a handgun under section 2C:58-4. 

What Are Defenses to Unlawful Possession of a Machine Gun in New Jersey?

There are a few defenses that can be raised to a charge of unlawful possession of a machine gun. Some of the most common defenses include:

• You had a valid license to possess a machine gun. If you had a valid license here in New Jersey to possess the machine gun, you cannot be convicted of unlawful possession.
• You did not know that you were in possession of a machine gun. If you were unaware that the firearm you were in possession of was a machine gun, you may be able to raise a defense. However, this defense is not always successful, so it is important to speak with an experienced criminal defense attorney.
• You were in possession of the machine gun for a lawful purpose. For example, if you were transporting the machine gun to a gunsmith for repair, you may be able to raise a defense of lawful possession.
• You were in constructive possession of the machine gun. Constructive possession means that you had control over the machine gun, even if you were not physically holding it. For example, if you hid a machine gun in your car, you could be considered to be in constructive possession of it.

What Should You Do If You Are Arrested for Unlawful Possession of a Machine Gun?

If you are arrested for unlawful possession of a machine gun, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and develop a defense strategy.

Here are some tips, but please remember this in no way establish attorney-client relationship or as advice from your attorney, for what to do if you are arrested for unlawful possession of a machine gun:

• Do not speak to the police without an attorney present.
• Do not consent to any searches or seizures.
• Write down all of the facts and circumstances of your arrest as soon as possible.
• Contact an experienced criminal defense attorney immediately.

How to Avoid Being Charged with Unlawful Possession of a Machine Gun

The best way to avoid being charged with unlawful possession of a machine gun is to make sure that you do not possess a machine gun without a valid license. If you are unsure whether you are eligible to possess a machine gun, you should consult with an experienced criminal defense attorney.

Foremost New Jersey Unlawful Possession of Machine Gun Attorney

If you are charged with unlawful possession of a machine gun, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and develop a defense strategy. 

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for possession of a weapon for an unlawful purpose, as well as unlawful possession of a handgun, unlawful possession of a shotgun/rifle, and we will fight aggressively to protect your rights and interests. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your unlawful possession of a machine gun charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your unlawful possession of a machine gun defense.

Contact us today for a free consultation.