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Paintball Guns, BB Guns, and Airsoft Guns

Illegal BB Gun Possession in Hackensack, New Jersey

With Offices in Paramus and Morristown, NJ

Travis Tormey is a skilled criminal defense and drunk driving (DWI) attorney who has extensive experience representing clients facing illegal gun charges, including possession of a paintball gun, illegal possession of a handgun, and unlawful possession of a weapon in Lodi, Lyndhurst, and Teterboro. Mr. Tormey appears in Superior Courts and Municipal Courts throughout northern New Jersey on a daily basis and has developed great relationships with prosecutors and judges who respect his work. With offices conveniently located in Paramus and Morristown, Mr. Tormey is available immediately at (201) 556-1570 to assist you and to provide a free consultation.

Travis J. Tormey Gets Results in Gun Cases

If you or a loved one has been charged with an illegal firearm offense in New Jersey, Travis J. Tormey can help. Mr. Tormey is prepared to assist you immediately with your weapons charges. Here are some weapons cases that Mr. Tormey has handled recently:

  • United States Marine charged with illegal weapons possession in Hudson County. Graves Act offense which requires jail time and parole ineligibility. Defendant sentenced to probation and no jail time.
  • United States Marine and his wife charged with illegal gun possession in Morris County. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into Pre-Trial Intervention (PTI) program, which results in no criminal record when successfully completed.
  • 18-year-old kid and his friend charged with illegal weapons possession when visiting Cape May on vacation from their home state of Pennsylvania. Graves Act offense which requires jail time and parole ineligibility. Defendant admitted into Pre-Trial Intervention (PTI) program, which results in no criminal record when successfully completed.

Illegal Paintball Gun, BB Gun, and Airsoft Gun Possession: N.J.S.A. 2C:39-5(b)

A criminal charge for illegal possession of a paintball gun, BB gun, or Airsoft gun is governed by N.J.S.A. 2C:39-5(b):

§ 2C:39-5. Unlawful possession of weapons

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.A. 2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

Paintball Guns, BB Guns, and Airsoft Guns: A Third Degree Crime

It is hard to believe, but BB guns, Airsoft guns, and paintball guns are considered prohibited weapons in New Jersey and can cause serious legal problems if these weapons are possessed without a lawful permit or firearms ID card. Under N.J.S.A. 2C:39-1, these weapons are considered firearms in New Jersey. Charges such as possession of a handgun without a permit (third degree), unlawful possession of a weapon (2nd degree), and possession of a weapon for an unlawful purpose can arise even with an item as minor as an Airsoft gun. And second degree charges in New Jersey can result in between five (5) and ten (10) years in New Jersey State Prison. They also have a presumption of incarceration (even when the defendant has no prior criminal record). Moreoever, the Graves Act covers firearms offenses in New Jersey and requires mandatory jail time and parole ineligibility even for first-time offenders.

The fact of the matter is that possessing a BB gun or Airsoft gun, even when lawfully purchased at a flea market or sporting goods store, can lead to a felony conviction and years in New Jersey State Prison. If you own any of these weapons, it is imperative that you have them properly registered/permitted to avoid any future legal issues. If these legal issues have already arisen, it is crucial that you contact an experienced firearms defense attorney to combat the charges against you.

If the Graves Act is implicated, the State's plea offer will almost certainly include state prison time and a period of parole ineligibility. As such, you are going to want an experienced criminal defense lawyer to represent you. Do not hesitate to contact our Paramus or Morristown offices at (201) 556-1570 for a free consultation.

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