BB & Pellet Gun Charge Attorney, Elizabeth, NJ 

If you are facing charges for possessing or using a BB or Pellet gun in New Jersey, you need a skilled and experienced criminal defense lawyer to protect your rights and fight for your freedom. A BB or Pellet gun charge in New Jersey can leave you with potential prison time, a substantial fine, and a criminal record. This law is codified under N.J.S.A. 2C:39-5(b).

If you are accused of a BB & Pellet gun charge, an unlawful possession of an assault rifle,  unlawful possession of a handgun, or certain persons not to have a weapon, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a BB or Pellet gun charge in New Jersey, it is imperative that legal assistance is sought after. Contact our law firm today to discuss your potential case.

What are BB & Pellet Guns?

BB and Pellet guns are devices that use compressed air or gas to shoot small metal or plastic projectiles. They are often used for recreational purposes, such as target shooting, hunting, or playing airsoft or paintball. However, in New Jersey, they are considered firearms under the law and are subject to the same strict regulations and penalties as other guns.

What are the Laws on BB & Pellet Guns in New Jersey?

According to N.J.S.A. 2C:39-1(f), a firearm is defined as any device that can launch a solid projectile by means of a cartridge, shell, or other explosive material. This includes air guns, spring guns, pistols, or similar devices that use compressed air or gas to shoot BBs, pellets, or other projectiles. Therefore, to legally possess or use a BB or Pellet gun in New Jersey, you must have a valid Firearm Identification Card (FID) and follow the same rules as for other firearms, such as:

• You must obtain a permit to purchase a BB or Pellet gun, especially if it is a pistol or handgun.
• You must keep the gun securely stored in a locked container or with a trigger lock when not in use.
• You must transport the gun in a locked case or in the trunk of your vehicle, and keep the ammunition or magazine separate from the gun.
• You must not carry the gun on your person or in a public place, unless you have a valid carry permit, which is very rare and difficult to obtain in New Jersey.
• You must not possess or use the gun on school grounds, in a public park, or in any place where firearms are prohibited by law.

Elements of BB & Pellet Gun Charges in New Jersey

The prosecutor must prove each element beyond a reasonable doubt in order to convict on a NJSA 2C:39-5(b)(2) charge. The following are the elements that the prosecutor must prove per the New Jersey Jury Model Charge: 

1. S-___ is a handgun in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter OR That there was handgun in which the propelling force was a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter
2. That the defendant knowingly possessed the handgun; and
3. That the defendant did not have a permit to possess such a weapon.

All three elements above must be proven beyond a reasonable doubt in order to secure a conviction on a BB or Pellet gun charge. 

What are the Penalties for BB & Pellet Gun Charges in New Jersey?

If you violate any of the laws on N.J.S.A. 2C:39-5(b)(2), BB or Pellet guns in New Jersey, you could face serious criminal charges and penalties, such as:

• Unlawful possession of a BB or Pellet gun: This is a third degree crime that carries a sentence of 3 to 5 years in prison and a fine of up to $15,000. This applies if you possess or use a BB or Pellet gun without a valid FID, permit, or carry permit, or if you possess or use it in a prohibited place.
• Possession of a firearm for an unlawful purpose: This is a second degree crime that carries a sentence of 5 to 10 years in prison and a fine of up to $150,000. This applies if you use or intend to use a BB or Pellet gun for an illegal purpose, such as to commit a crime, to threaten or harm someone, or to cause fear or alarm.
• Possession of a prohibited weapon or device: This is a fourth degree crime that carries a sentence of up to 18 months in prison and a fine of up to $10,000. This applies if you possess or use a BB or Pellet gun that has a built-in silencer or noise suppressor, which is illegal in New Jersey.
• Possession of a firearm while committing a drug offense: This is a second degree crime that carries a sentence of 5 to 10 years in prison and a fine of up to $150,000. This applies if you possess or use a BB or Pellet gun while possessing, distributing, or manufacturing a controlled dangerous substance (CDS).

What are the Possible Defenses for BB & Pellet Gun Charges in New Jersey?

If you are charged with NJSA 2C:39-5(b)(2), a BB or Pellet gun offense in New Jersey, you have the right to defend yourself and challenge the prosecution’s evidence and arguments. Some of the possible defenses that our lawyers may use are:

• 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 can show that you had a lawful reason to possess or use the gun, such as for self-defense, sport, or hobby, you may be able to avoid or reduce the charges.
• The gun does not meet the legal definition: If it can be shown that your gun did not use compressed air or gas to shoot projectiles, it may not qualify as a firearm under the law. For example, if your gun was broken, unloaded, or modified, it may not be capable of launching a solid projectile.
• You had a valid FID, permit, or carry permit: If you can prove that you had the proper authorization to possess or use the gun, you may be able to avoid or reduce the charges. However, you must also show that you followed the rules for storing, transporting, and carrying the gun.
• You were exempt from the law: There are some exceptions to the law that may apply to certain individuals or situations, such as active military, law enforcement, collectors, hunters, or target shooters. If you can show that you were exempt from the law, you may be able to avoid or reduce the charges.
• The evidence was obtained illegally: If the police violated your constitutional rights when they searched, seized, or arrested you, the evidence they obtained may be inadmissible in court. For example, if they did not have a warrant, probable cause, or consent to search your vehicle, home, or person, the gun they found may be suppressed.

Is there a Statute of Limitations for BB/Pellet Gun Charge?

The statute of limitations for a criminal charge depends on the type and severity of the offense. For noncapital crimes related to gun possession or importation, the federal statute of limitations is five years. For state crimes in New Jersey, the general time limits are:

• five years for indictable crimes (felonies)
• one year for disorderly person offenses (misdemeanors), and
• 30 days for traffic violations.

However, there may be exceptions or extensions to these time limits depending on the circumstances of the case. Therefore, it is advisable to consult a lawyer if you are facing any criminal charges or have any legal questions.

Why You Need a New Jersey Criminal Defense Lawyer for BB & Pellet Gun Charges

BB and Pellet gun charges are not to be taken lightly in New Jersey. They can result in severe consequences that can affect your freedom, reputation, and future. That is why you need a qualified and experienced criminal defense lawyer to represent you and fight for your rights. At New Jersey Criminal Defense Law Firm, we have the knowledge, skills, and resources to handle these cases and achieve the best possible outcome for our clients. We will:

• Review your case and explain your options and possible outcomes
• Investigate the facts and evidence and look for any weaknesses or errors in the prosecution’s case
• Negotiate with the prosecutor and seek a dismissal, reduction, or diversion of the charges
• Prepare a strong and effective defense strategy and present it in court
• Protect your rights and interests throughout the legal process

Pre-Trial Intervention (PTI) & BB or Pellet Gun Charge

Pretrial diversion (PTI) is a program that allows certain defendants to avoid prosecution and conviction by completing certain conditions, such as counseling, community service, or restitution. Pretrial diversion may be available for some defendants charged with a bb or pellet gun charge in New Jersey, depending on the circumstances of the case and the discretion of the prosecutor.

However, pretrial diversion is not a guaranteed option for BB or Pellet gun charges, as New Jersey has strict laws and penalties for firearm offenses. There may also be a presumption against admission into pretrial diversion for defendants charged with domestic violence or violent crimes involving firearms.

Therefore, if you or someone you know is facing a BB or Pellet gun charge in New Jersey, it is advisable to consult with an experienced criminal defense lawyer, such as Brett M. Rosen, who can evaluate your case and advise you on the best course of action. A lawyer may be able to negotiate with the prosecutor for a favorable outcome, such as pretrial diversion, probation, or a downgrade of the charge. 

Frequently Asked Questions (FAQs)

• Question: What if I legally owned the BB/Pellet Gun from my home state while travelling through New Jersey, can I still be charged?
  • Answer: Yes, in New Jersey, BB and pellet guns are treated as firearms under the law. This means that to legally purchase and possess a BB or pellet gun in New Jersey, you must follow the same procedures as you would for other firearms, which includes obtaining a Firearms Purchaser Identification Card (FPIC) or a Permit to Purchase a Handgun (PPH). The transportation of these items is also highly regulated; they must be transported unloaded and secured in a locked case or locked in the trunk of a motor vehicle, with ammunition stored separately.

• Question: My BB/Pellet gun was inoperable; can I still be charged in New Jersey with a crime? 
  • Answer: Yes, in New Jersey, BB and pellet guns are classified as firearms, and the law applies to these items regardless of their operability. According to N.J.S. 2C:39-1f, firearms are considered weapons even when unloaded or not immediately operable. Therefore, possessing an inoperable BB or pellet gun could still potentially result in criminal charges.

• Question: Will I go to jail if I plead guilty to a New Jersey BB/Pellet gun charge?
  • Answer: Yes, the penalties for a BB/Pellet gun charge in New Jersey can be quite severe. A person facing a BB gun charge, classified as a third-degree crime, could be facing 3-5 years in prison.

• Question: What if I possessed an airsoft rifle in New Jersey without a permit, can I still be charged?
  • Answer: Yes, in New Jersey, airsoft guns are classified under the same category as firearms due to the way the law defines a firearm. This means that the possession and use of airsoft guns are subject to the same strict regulations and laws that govern firearms. Unlawful possession of an airsoft gun without a permit is considered a serious offense and can result in significant legal consequences, including potential jail time.

• Question: Can a paintball gun in New Jersey be considered a firearm?
  • Answer: In New Jersey, a paintball gun is not considered a firearm because it does not use gunpowder or explosive force to propel projectiles. However, it is classified as a weapon under state law due to its potential to cause serious bodily injury. 

Top-Shelf New Jersey BB & Pellet Gun Charge Lawyer

If you or someone you love is facing BB or Pellet gun charges, as well as unlawful possession of a handgun, possession of a weapon for an unlawful person, in New Jersey, do not hesitate to contact us today for a consultation. We are available to answer your questions and discuss your case. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your BB & Pellet gun charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your BB & Pellet gun defense. Call us or fill out our online form to get started. We serve clients throughout New Jersey, Elizabeth, Long Branch, and Atlantic City, New Jersey, and the surrounding areas. Let us help you get the best possible result for your case.

Contact us today for a free consultation.