Charged With Possession of A Weapon for Unlawful Purpose? – Atlantic & Cape May County Criminal Defense

Possession of a weapon (gun) for unlawful purposes under N.J.S.A. 2C: 39-4 is defined:

Any person who has in his possession a firearm with a purpose to use it unlawfully against a person or property of another is guilty of a crime of the second degree.

A common fact pattern is when the police stop a motor vehicle, with several occupants, for a traffic offense. The police ultimately conduct a search of the vehicle and find a gun or other weapon inside. The weapon was concealed in the glove box, console, under the seat, etc. The police charge everyone in the car with a weapons offense. You were unaware that the weapon was in the car. You did not, therefore, have any intention of possessing or controlling the weapon. Lack of knowledge about the weapon is a complete defense to a weapons charge.

If you are charged with possession of a handgun, or other weapons, for an unlawful purpose, you need to contact a local and experienced criminal defense lawyer. Attorney John W. Tumelty is an Atlantic City gun and weapons offense attorney with over 30 years of criminal law experience. Mr. Tumelty is a former state prosecutor and former Atlantic County prosecutor.

Contact me today at 609-390-4600 for a free initial consultation to discuss your case.