NJ Possession of a BB, Pellet or Airsoft Gun Lawyers

NJ Possession of a BB, Pellet or Airsoft Gun Lawyers

I know it can be really confusing to understand the laws around possessing BB, pellet, and airsoft guns in New Jersey. Like, these are just toys, right? How could they be illegal? Well, unfortunately the laws here are super strict and you can get into big trouble for having these guns, even if you think they’re harmless.

As your buddy here who wants to help you stay out of legal trouble, let me break it down for you and explain everything in simple terms. I gotchu!

BB Guns, Pellet Guns, and Airsoft Guns are Considered Firearms in NJ

Here’s the deal — in New Jersey, BB guns, pellet guns, and airsoft guns are all considered firearms under the law. I know, it sounds crazy, but it’s true! This means all the rules about buying, owning, and using real guns also apply to these types of guns.

The main law that covers this is N.J.S.A. 2C:39-1(f). It says that anything that shoots a projectile using compressed air or gas counts as a firearm. So all those BB, pellet, and airsoft guns that use compressed air or CO2 cartridges to shoot are firearms under NJ law.

That means you need a firearms purchaser identification card and potentially other permits to legally buy and own them here. And if you don’t have those permits, you can be charged with a felony just for possessing one!

Harsh Penalties for Illegal Possession

Like I said, the penalties for illegally owning one of these guns in NJ are no joke. Under the Graves Act, illegal possession of a firearm is a third degree felony. That means:

• 3-5 years in state prison
• Up to $15,000 in fines
• Permanent criminal record

And that’s even for a first offense! They don’t mess around with this stuff here in Jersey.

Defenses for BB Gun Charges

Now I don’t wanna scare you, but I want you to understand how serious this is. If you’ve been charged with illegally possessing one of these guns, you need an experienced criminal defense lawyer on your side ASAP.

A good lawyer can look at the details of your case and build a strong defense to get your charges lowered or even dismissed. Here are some common defenses they may use:

• You had no intent to use the gun unlawfully – The law only prohibits these guns if you intended to use them for an illegal purpose. If you just had it as a collector’s item or something, that may not be illegal.
• The gun doesn’t meet the legal definition – If it can be shown that your gun didn’t use compressed air/gas to shoot projectiles, it may not qualify as a firearm under the law.
• You have a valid permit – If you actually did have the proper permits to own the gun, then obviously you weren’t breaking the law.

A skilled lawyer knows how to argue these angles to get charges reduced or dismissed. Don’t leave this to chance!

What Should You Do if Charged?

If you or someone you care about gets arrested for possessing a BB, pellet, or airsoft gun in NJ, here are the steps to take:

1. Remain silent and politely decline to answer any questions from police. Don’t try to argue or defend yourself.
2. Contact an experienced criminal defense lawyer immediately and schedule a consultation to discuss your case.
3. Follow your lawyer’s advice exactly and let them handle communications with the prosecutor going forward.
4. Be patient and trust in their experience fighting these types of cases.

With an aggressive defense strategy, there’s a good chance your lawyer can get the charges reduced or even dismissed. But you have to act fast and get them involved right away.

Bottom Line

While it may seem crazy, BB, pellet, and airsoft guns are considered firearms under NJ law. If you possess one without the proper permits, you could be facing felony charges and serious prison time – even if you thought it was just a harmless toy.

So be smart and know the laws. And if you do get charged, hire an experienced gun crimes lawyer to defend your rights. They know how to poke holes in the prosecutor’s case and give you the best chance at avoiding harsh penalties.

Hopefully this gives you a better understanding of how they treat these cases in New Jersey. Let me know if you have any other questions!

References

• BB Gun Laws In NJ – What are the penalties for BB gun charges? – Tormey Law Firm
• BB Guns / Airsoft / Paintball Guns – Mercer County Criminal Defense Lawyer
• New Jersey BB Gun Charge Lawyer | Need Attorney Pellet Gun Offense NJ
• Airsoft Gun Charges in New Jersey | Airsoft Gun Possession NJ Defense Lawyers – Tormey Law Firm
• BB & Pellet Gun Charges in New Jersey
• BB Gun Charges | Airsoft & Pellet Gun Lawyers – New Jersey Criminal Defense Attorneys