Juvenile Possession of B-B Guns and Paintball Guns

Juvenile Possession of B-B Guns and Paintball Guns

B-B guns and paintball guns are extremely popular among teenagers for recreational use. However, many juveniles and parents do not realize that these guns can be considered weapons or firearms under New Jersey law. If used improperly or unlawfully, possession of these guns by a minor can result in juvenile charges and even detention. This article will examine the relevant laws and potential penalties surrounding B-B guns, airsoft guns, paintball markers, and air rifles when possessed by juveniles in New Jersey.

B-B Guns and Airsoft Guns

B-B guns, also known as air guns or pellet guns, use air pressure or spring power to fire spherical projectiles, usually made of metal or plastic. Airsoft guns are a specific type of air gun designed to shoot plastic 6mm BBs. Under New Jersey statute 2C:39-1(f), these guns are considered firearms if they expel a projectile by air, CO2 or spring action.

Simply possessing or using a B-B gun under adult supervision is a fourth degree crime for juveniles under 18 years old according to 2C:58-6.1. The punishment is usually non-custodial, such as community service. However, charges escalate if the minor uses the gun unlawfully or brings it to school.

Using a B-B gun against a person or property can lead to a second degree charge for Possession of Weapons for Unlawful Purposes (2C:39-4(a)). This could result in 2-3 years of juvenile detention. Bringing the gun onto school grounds also bumps the offense up to a third degree Unlawful Possession of Weapons charge under 2C:39-5(e), punishable by up to 5 years incarceration.

B-B pistols and airsoft pistols are treated the same as handguns under New Jersey law. Juveniles need a valid firearm permit to legally carry these guns according to 2C:58-4. Violation is a third degree crime. Juveniles under 21 face a reduced fourth degree charge with likely non-custodial punishment.

Paintball Guns

Paintball markers use compressed air to fire paint-filled gelatin capsules. While they can cause injury, paintball guns are not considered firearms under New Jersey statute. However, they do fall under the definition of “weapon” in 2C:39-1(r), which includes anything capable of lethal use or inflicting serious bodily injury.

Simple possession of a paintball gun by a juvenile in inappropriate circumstances is a fourth degree offense under 2C:39-5(d). This can result in up to 1 year of juvenile detention. Bringing a paintball gun onto school grounds also constitutes a fourth degree offense.

If the juvenile uses the marker unlawfully against a person or property, they face a more serious third degree charge under 2C:39-4(d) punishable by 2-5 years incarceration. The key distinction is whether the circumstances indicated inappropriate possession versus intent to use unlawfully.

Air Rifles

Air rifles use pneumatic air or CO2 canisters to propel metallic projectiles through a rifled barrel. Under New Jersey law, air rifles are not considered firearms and do not require permits or ID cards for purchase. However, circumstances indicating inappropriate use can still lead to charges.

Possession of an air rifle without lawful purpose is a fourth degree offense under 2C:39-5(d). Using the rifle unlawfully against a person or property escalates the charges to a third degree offense per 2C:39-4(a). As with all other air guns, possession on school grounds is an automatic third degree violation as well.

Defenses

There are several potential defenses if a juvenile is charged with unlawful possession of an air gun:

• Lack of unlawful purpose – The juvenile intended lawful use for recreation or sport. The circumstances did not indicate inappropriate possession.
• Lack of knowledge – The juvenile was unaware these guns were considered firearms or weapons under NJ law. Ignorance is not a defense but may mitigate penalties.
• Supervision – The juvenile was using the air gun under adult supervision, indicating lawful and appropriate use.
• Self-defense – Use of the air gun was necessary for protection from immediate bodily harm.
• Necessity – Unlawful use of the air gun was necessary to avoid greater harm.

Penalties and Punishment

As outlined above, penalties for unlawful possession of air guns range from 4th degree to 2nd degree crimes, depending on the circumstances and use. This carries sentences from probation up to 5 years incarceration. Other potential punishments include:

• Community service
• Fines and restitution
• Rehabilitation programs
• Probation and monitoring
• Suspended driving privileges
• Forfeiture of the weapon

Younger first-time offenders typically receive lighter community-based sentences. But repeat offenses or use against persons or property can result in detention even after initial probation. The juvenile’s age, intent, and prior record will factor into sentencing.

Conclusion

Air guns like B-B, airsoft, and paintball markers are very popular among New Jersey juveniles. However, state law regulates many of these guns as firearms or weapons. Minors can face criminal charges for unlawful possession or use, including bringing them onto school grounds. Penalties range from probation to juvenile detention, depending on the degree of offense. With proper adult supervision and lawful usage, juveniles can avoid the severe consequences of air gun misuse. But all minors and parents should understand the relevant laws before purchasing these recreational guns. With sound judgment, air guns can be used safely without running afoul of New Jersey statutes.