Charged with Weapon Possession in New Jersey?

Both federal and state laws govern possession of weapons at Newark Liberty Airport. The penalties for violating these laws are severe and can include fines and jail time.If you have been arrested for illegally possessing a weapon at Newark Liberty Airport, consult a criminal defense attorney at Rosenblum Law. Our attorneys have decades of experience defending criminal cases and will provide you the best possible representation

Laws Regarding Possession of a Weapon at Newark Airport

Federal law bans the possession of any weapon on someone’s person at an airport, including firearms, explosives, and incendiary devices. State law in New Jersey also bans physically possessing a weapon in public. However, there is an exception for handguns as long as someone has obtained the necessary permit. 

Federal law permits travelers to transport weapons through airports as long as certain rules are followed. The Transportation Security Administration (TSA) is the federal agency in charge of airport security. The agency has specific rules for firearms, which require the following:

• Each firearm must be declared before being transported through an airport. 
• Firearms and ammunition are required to be stored in a hard-sided, locked container inside of a checked bag.
• Firearms must remain unloaded.
• The traveler must not be able to access firearms or ammunition during the flight.

Failing to adhere to these rules will mean that, legally speaking, a weapon counts as a loaded firearm. This is the case even when the ammunition is not physically loaded into the firearm. 

Definition of a Weapon Under New Jersey Law

Under New Jersey state law, a weapon is defined as any object or device that can be used in a lethal manner or in a way that is capable of causing serious bodily harm. Note that certain firearms are allowed with a proper permit. 

Here are some of the items that New Jersey law categorizes as prohibited weapons:

• Explosive devices
• Sawed-off shotguns
• Silencers
• Gravity knife
• Switchblade knife
• Armor-piercing ammunition
• Razor blade embedded in wood
• Ballistic knife

The above list is not exhaustive, so consult an attorney if you are planning on carrying anything that may be considered a weapon in New Jersey. 

Consequences of Possessing a Weapon at Newark Liberty Airport

An illegal weapon possession charge comes with potential fines and prison time.

• TSA fines: The TSA may levy as much as $14,950 in fines for possession of a weapon at Newark Liberty or another airport.
• Second-degree felony: Someone who possesses a machine gun or a firearm that could be adapted to be used as a machine gun will be charged with a second-degree felony. This can result in a fine of up to $150,000 and a prison sentence of between 5 and 10 years. 
• Third-degree felony: This charge can apply to someone who:  (1) possesses a firearm, including antique firearms, without having the required permit; (2)  possesses a rifle or shotgun without the legally required firearms purchaser identification card; (3) has a permit but carries a loaded rifle or shotgun; possesses an airgun or spring gun. A third-degree felony can result in a fine of up to $15,000 and 3 to 5 years behind bars.
• Fourth degree felony: This charge applies to any person who possesses any other weapon for unlawful purposes. This criminal charge can mean a fine of up to $10,000 and a prison sentence of up to 18 months. 

Along with time in prison and heavy fines, a criminal conviction can also make someone’s ability to travel more challenging. When traveling domestically, they might be put on aTSA’s watchlist, which could mean increased scrutiny from federal authorities. 

Traveling internationally can also be more challenging after being convicted of a felony. In some cases, it can result in being turned away upon arriving in another country before leaving the airport.

Potential Legal Defenses

A variety of legal defenses can be available to someone accused of possessing a weapon at Newark Airport. Depending on the facts, these can include:

• The defendant did not know they possessed a weapon.
• The defendant did not actually possess a weapon.
• The item in question was not legally considered a weapon.
• A firearm was unloaded and stored properly in checked baggage within the necessary protective casing. 

How an Attorney Can Assist Someone Accused of Possession of a Weapon at a Newark Liberty Airport

An experienced criminal defense attorney can provide the best possible defense to a charge of possession of a weapon at Newark Liberty Airport. Among other things, the attorney will:

• Inform the defendant of potential consequences of being convicted of the criminal charges
• Develop an appropriate defense strategy
• Advocate for the defendant’s legal rights during court hearings
• Negotiate with prosecutors for reduced charges 
• Obtain witness testimony and other evidence to support an effective legal defense 
• Represent the defendant in court if a plea agreement cannot be reached

FAQs

Call a Rosenblum Law Criminal Defense Attorney for a Free Consultation

Unlawful possession of a weapon at Newark Liberty Airport is a serious criminal charge that should not be taken lightly. It is important to consult one of our experienced criminal defense attorneys immediately. We will work tirelessly on your behalf to get the charges dismissed or downgraded, and we will represent you at trial if necessary.  Contact Rosenblum Law for your free consultation now.