Is there a mandatory sentence for the following gun crime(s)

[quikz 34]

If caught as a NON-NJ resident with a loaded handgun strapped to your side and exiting personal vehicle DURING a police stop (in NJ) with NO carry permits or NJ(FID) card and probably loaded and chambered with hollow points? :doh:

 

Not personal experience thank God. Just wondering....Isn't there a mandatory JAIL-TIME in there somewhere, besides a speeding ticket?

[Maksim 1,504]

humn, who knows, depends on the Prosecutor? But probably. Question is, does the person have an out of state carry license? They are still breaking NJ Law, but can be seen less bad, or if they willingly broke the law.

 

who knows.

[quikz 34]

They *may* have outta state carry permit and prolly have a outta state "working carry permit". But the said individual is somewhat arrogant. Not very helpful to his cause. But...... :doh:

 

So, a "mandatory" sentence is still LIMITED in it's application?

[PK90 3,573]

No priors? I guess probation and lose your right to possess any firearm.

[tony357 386]

I would not want to be that person..sounds expensive..

[Maksim 1,504]

question answered... the person is arrogant....... and so is the prosecutor..

[crazyboy 13]

Should be in 2c somewhere, no? I don't have my book lent it to someone and it hasn't come back.

[KpdPipes 388]

Possession of an Unlawful Weapon, Handgun (2C:39-5b) 2nd Degree crime.

 

Penalties:

i.A person convicted of violating subsection a., b. or f. of this section shall be sentenced by the court to a term of imprisonment, which shall include the imposition of a minimum term during which the defendant shall be ineligible for parole, if the court finds that the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies. The minimum term of parole ineligibility shall be fixed at five years. The sentencing court shall make a finding on the record as to whether the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, and the court shall presume that there is a substantial likelihood that the defendant is involved in organized criminal activity if there is a substantial likelihood that the defendant is a member of an organization or group that engages in criminal activity. The prosecution at the sentencing hearing shall have the initial burden of producing evidence or information concerning the defendant's membership in such an organization or group.

 

Amended 1979, c.179, s.4; 1990, c.32, s.2; 1992, c.74, s.2; 1992, c.94, s.1; 1995, c.389; 1997, c.375, s.2; 2007, c.284; 2009, c.13.

 

Straight possession??? Depends on the prosecutor..if he was loaded with hollowpoints they can charge one count for each round if they REALLY get pissy about it.

[PeteF 1,044]

I heard a story like this situation.

 

Lady from Conn. with a carry permit came down with her kids to Action Park. She forgot? to leave her carry piece at home. Some one saw the gun and called the police, and she was arrested.

 

I think the prosecutor made a deal that there was no jail time for carry the gun, BUT there was something like $5000

dollar fine for each hollow point round she had in the gun. I think it was a 6 shoot revolver. Ouch.

[The_Matrix 105]

No priors? I guess probation and lose your right to possess any firearm.

 

+1. Most likely probation and/or fine and/or lecture.

[Story 0]

This moron answers your questions. The comments section in the link below is worth checking and possibly leaving more -

 

http://www.nj.com/news/index.ssf/2010/0 ... nd_wi.html

 

NEWARK -- Newark police arrested a 21-year-old man today after they found him carrying a gun loaded with hollow-point bullets in the city