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Help with the firearm law of NJ. A person I know and his friend are charged with 3rd degree felony. 1st time offenders. 21 yrs.

Clifton, NJ |
Filed under: Felony crime

They were shooting bottles with a BB gun out in the woods, nowhere near the local highway or any housing. But then the police came, arrested them and now they are charged I think because they didn't have the license, but the police report said it was a rifle and they made the whole thing worse than it was. It was stupid to use a BB gun, but there only a couple of rounds and it was no where near anyone or anything that could have gotten hurt. The case is tomorrow at nine I need this please.

This is what I want to know: What are they being exactly charged for? What are the punishments? And if convicted, how can they negotiate a better deal?

Attorney Answers 2


Based on your information, it is likely that they are charged under NJSA 2C:5c which would be a third degree crime. This grade of offense exposes a person who pleads or is convicted of it, to a statutory term of incarceration of between 3-5 years. This may be downgraded to a lesser offense, but in order to determine the liklihood of that, I would need more information then you provide (which may be more then you are actually aware of).

I strongly recommend that your friends contact an experienced criminal defense lawyer here in NJ before they go to Court. There are several opportunities for the charge to be addressed and potentially downgraded or resolved, and the arraignment conference (which is probably the court appearance they have tomorrow) can be one of those opportunities.

This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer licensed to practice law in N.J. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in N.J. before making any decisions about your case.

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Amending the typographical error in the statutory citation I entered above, the statute is NJSA 2C:39-5c.

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