Unlawful Disposition Of A Firearm

Boonton NJ Gun Possession Lawyers

Unlawful disposition of a firearm, along with unlawful possession of a weaponaggravated assault, and possession of a weapon for an unlawful purpose, comprise some of the most frequently gun-related charged crimes in New Jersey. Unlawful disposition of a firearm involves the general sale/manufacturing a firearm. The same statute, N.J.S.A. 2C:39-9 , also applies to the sale/manufacturing of weapons (i.e. knifes, projectiles, ammunition, etc.). A conviction is a fourth degree offense, which triggers a period of parole ineligibility under the Graves Act. Depending on the circumstances of the offense, you may require the expertise of a criminal defense attorney to handle your Morris County Superior Court charges for unlawful disposition of a firearm.

Here, at the Law Offices of Jonathan F. Marshall, our criminal trial team is composed of former county prosecutors, former municipal prosecutors, and experienced criminal defense lawyers. With over 100 years of combined experience representing clients throughout New Jersey, our attorneys have the qualifications necessary to defend against any gun or weapon charges. Contact our Morris County offices anytime to speak with an attorney by dialing (973)971-0030.

Unlawful Disposition of a Firearm: N.J.S.A. 2C:39-9

A criminal charge for unlawful disposition of a firearm is governed by N.J.S.A. 2C:39-9 which provides in pertinent part:

§ 2C:39-9. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances

a. Machine guns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun is guilty of a crime of the third degree.

c. Firearm silencers. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree.

d. Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58, is guilty of a crime of the fourth degree. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.A. 2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions, is guilty of a crime of the fourth degree.

e. Defaced firearms. Any person who defaces any firearm is guilty of a crime of the third degree. Any person who knowingly buys, receives, disposes of or conceals a defaced firearm, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

f. (1) Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any bullet, which is primarily designed for use in a handgun, and which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and is therefore capable of breaching or penetrating body armor and which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel, is guilty of a crime of the fourth degree.

g. Assault firearms. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of an assault firearm without being registered or licensed to do so pursuant to N.J.S.A. 2C:58-1 et seq. is guilty of a crime of the third degree.

h. Large capacity ammunition magazines. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel is guilty of a crime of the fourth degree.

i. Transporting firearms into this State for an unlawful sale or transfer. Any person who knowingly transports, ships or otherwise brings into this State any firearm for the purpose of unlawfully selling, transferring, giving, assigning or otherwise disposing of that firearm to another individual is guilty of a crime of the second degree. The temporary transfer of a firearm while hunting or target shooting, the transfer of any firearm that uses air or carbon dioxide to expel a projectile, or the transfer of an antique firearm shall not constitute a violation of this subsection.

Gun Charges in New Jersey: Grading and the Graves Act

As the above statute details, depending on the subsection in which the crime is charged, a charge for unlawful disposition of a firearm can be a second degree, third degree, or fourth degree crime. Further, certain subsections trigger the Graves Act which requires mandatory jail time and parole ineligibility. Specifically, the following are Graves Act offenses under the above statute:

  • Manufacture, Transport of a Machine Gun – N.J.S.A. 2C:39-9(a)
  • Manufacture, Transport of a Sawed Off Shotgun – N.J.S.A. 2C:39-9(b)
  • Manufacture, Transport of Defaced Firearms – N.J.S.A. 2C:39-9(e)
  • Manufacture, Transport of Assault Firearms – N.J.S.A. 2C:39-9(g)

For additional information regarding firearm offenses in New Jersey, contact our offices for a free initial consultation at (973)971-0030.