Legal Question in Criminal Law in New Jersey
Manufacturing, storing and selling ammo & firearms
My brother in law moved in with my 83 yr old mother in law. He has very large quantities of gun powder all over the basement as well as guns. We dont think he is licensed and believe he is manufacturing & selling the ammo. We also feel he is mentally unstable. Is this illegal and can my mother in laws house or any belongings be in jeopardy if he was ever arrested assuming this is illegal. We also believe he is providing ammo to people outside of NJ.
2 Answers from Attorneys
Re: Manufacturing, storing and selling ammo & firearms
Yes, it is illegal to possess firearms without the proper permits. Your relative is in violation of the gun possession statute and the permits statute. At a minimum, he is facing 3 to 5 years in prison. Depending on the types of firearms, he may be facing even more time-perhaps as much as 5 to 10 years. Yes, the house may be in jeopardy if the prosecutor pursues a forfeiture action by finding a nexus between the property and the crimes. However, due to the advanced age of the owner, I think you have a good argument to stop the forfeiture. He needs to remove those weapons and ammo ASAP! It's also a matter of time before there's an explosion.
Re: Manufacturing, storing and selling ammo & firearms
You seem to have sensed the problem. If one allows another to engage in illegal conduct in one's home that person can be held to be maintaining a nuisance which is crime and/or possessing prohibed items such as explosives or gun powder. 8002737933
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