Illegal BB Gun and Paintball Gun Possession Charges in Morris County NJ

Weapons Charges Defense Attorneys in Morristown, New Jersey

Powerline 15XT Co2 Gun subject to N.J.S.A. 2C:39-5(b).

Powerline 15XT Co2 Gun subject to N.J.S.A. 2C:39-5(b).

It is hard to imagine, but BB guns, paintball guns, and Airsoft guns are considered prohibited weapons in New Jersey. If you do not have a valid firearm permit or firearms ID card allowing you to carry one of these items, you could endure serious legal problems. Because NJ law makes only a slight distinction between a deadly weapon (such as a handgun) and a toy (such as a paintball gun), you may be subject to prison time if you are caught with a BB gun, paintball gun, or Airsoft gun.

NOTE: Christopher Perry was quoted as an authority on gun rights and laws in New Jersey in April 2018 in the Bergen Record.

The Tormey Law Firm is a skilled criminal defense team whose lawyers have extensive experience representing clients facing illegal gun charges, including possession of a paintball gun, illegal possession of a handgun, and unlawful possession of a weapon in East Hanover, Denville, and Dover. Because we have an office conveniently located in Morristown, NJ, we are always available to help you with your gun possession case. To get in touch with us immediately for a free consultation, call 866-949-6948.

Here is an example of a BB gun case our attorneys successfully handled in the Morris County Superior Court for one of our clients.

Possession of Paintball Guns, BB Guns, and Airsoft Guns in New Jersey 

Under N.J.S.A. 2C:39-1, BB guns, paintball guns, and Airsoft guns are considered “firearms” in New Jersey. Charges such as possession of a handgun without a permit, unlawful possession of a weapon, and possession of a weapon for an unlawful purpose can arise even with an item as minor as an Airsoft gun. Moreover, the Graves Act applies to firearms offenses in New Jersey and requires mandatory jail time and parole ineligibility even for first-time offenders.

3rd Degree Possession of a BB Gun Without a Permit

The most common charge we see is a 3rd degree felony charge for possession of a BB gun or airsoft gun without a proper permit. That’s right, you need a gun permit in New Jersey (known as an FID card) in order to purchase and possess these weapons anywhere outside your home. If you are caught in possession of this type of weapon without the proper documentation, you will be arrested and charged with a 3rd degree felony and face the following penalties:

  • Fines up to $15,000
  • Jail time of 3-5 years (including a mandatory period of parole ineligibility under the Graves Act)
  • Probation or parole
  • Permanent felony charge on your record

In addition, if this “firearm” was used to threaten someone or in a drug transaction, the charges will be upgraded to a second degree offense which can include the following penalties:

  • Fines up to $150,000
  • Jail time 5-10 years (including a mandatory period of parole ineligibility under the Graves Act)
  • Probation or parole
  • Permanent felony charge on your record

As you can see, a toy gun can lead to serious problems in New Jersey if you are arrested and caught with one without a proper permit.

Can I get PTI for a BB gun charge in Morris County?

Typically, yes. If you are a first time offender and have never been arrested or convicted of a felony or disorderly persons offense before, you should be eligible for a program known as Pre-Trial Intervention (“PTI”). This program places you on probation for a period of 1-3 years and, if you successfully complete the program, the charges will be completely dismissed. Thus, PTI allows a defendant to avoid jail time and a felony criminal charge on their record.

Morris County Gun Case Success Stories 

If you or a loved one has been charged with an illegal firearm offense in New Jersey, Travis J. Tormey can help. Mr. Tormey has had several recent successes defending clients who faced weapons charges:

  • A United States Marine and his wife were charged with illegal gun possession in Morris County. This was a Graves Act offense, which required jail time and parole ineligibility. Instead, Mr. Tormey was able to get the defendants admitted into the Pre-Trial Intervention (PTI) program, resulting in no criminal record.
  • A United States Marine was charged with illegal weapons possession in Hudson County. This was also a Graves Act Offense, typically requiring mandatory jail time. Instead, Mr. Tormey successfully lobbied for the defendant to be sentenced to probation and no jail time.
  • An 18-year-old kid and his friend were charged with illegal weapons possession when visiting Cape May on vacation from their home state of Pennsylvania. Again, this was a Graves Act offense requiring jail time and parole ineligibility. Mr. Tormey managed to get the defendant admitted into the PTI program, resulting in no criminal record when successfully completed.

Contact a Madison BB and Paintball Gun Lawyer for Answers

The fact of the matter is that possessing a BB gun or Airsoft gun, even when lawfully purchased at a flea market or a sporting goods store, can lead to a felony conviction and many years in New Jersey State Prison. If you own any of these weapons, it is imperative that you have them properly registered/permitted to avoid any future legal issues. If these legal issues have already arisen, it is crucial that you contact an experienced firearms defense attorney to combat the charges against you.

If the Graves Act is implicated, the State’s plea offer will almost certainly include state prison time. That is why it is important that you contact an experienced criminal defense lawyer for representation. The collateral consequences of a weapons charge conviction are life-altering. The Tormey Law Firm can help. Give us a call anytime day or night at 866-949-6948 for a free consultation, or you can use our online contact form.

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.