New Jersey Jury Instruction - Carrying - Using Firearm or Weapon In Relation to Drug Trafficking Offense or Crime of Violence
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Charges for possession of a weapon for an unlawful purpose are outlined in section N.J.S.A. 2C:39-4 of the New Jersey Criminal Code, which reads: Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
Possession of a firearm?including handguns, rifles, shotguns, machine guns, and assault weapons?without a permit is a third-degree crime, punishable by 3 to 5 years in prison. Possession of any other weapon that requires a license or permit is a fourth-degree crime and carries a prison sentence of up to 18 months.
Under the statute, an individual who is in possession of a weapon, specifically a firearm, with the purpose to use it for an unlawful purpose against another individual is guilty of a crime of the second degree. Upon conviction, the individual will face between five and ten years in a New Jersey state prison.
The ?stacking? of those § 924(c) charges resulted in disproportionately harsh sentences that were widely disparaged not only by defense lawyers but also by federal judges. The First Step Act eliminated the ability of federal prosecutors to ?stack? multiple § 924(c) charges.
Possession of a weapon for an unlawful purpose is a third-degree crime where something other than a firearm is the instrumentality. It is a fourth-degree crime to possess an imitation firearm for the purpose to use it unlawfully against another person or property.
Possession of a firearm?including handguns, rifles, shotguns, machine guns, and assault weapons?without a permit is a third-degree crime, punishable by 3 to 5 years in prison. Possession of any other weapon that requires a license or permit is a fourth-degree crime and carries a prison sentence of up to 18 months.
You are legally allowed to keep a loaded gun in your New Jersey home or business. While New Jersey does not have a 'stand your ground' law, the use of force is often allowed if you believe you are protecting yourself. However, a person can get in trouble if they shoot, and kill, someone, without good reason.
Mitigating sentencing factor fourteen permits the judge to consider that a defendant was under twenty-six years of age when the offense was committed.