Weapons Offenses

 Gun charges are serious criminal charges under New Jersey law. A weapons conviction on your record can make it hard to find employment and even hard to find a place to live. When up against charges like this, you need a defense attorney committed to your cause.

While the 2^nd Amendment to our Constitution guarantees our right to bear arms, New Jersey and other states across the country reserve the right to regulate this. This means everything from what weapon you own to how you use it is controlled by state laws.
It isn’t difficult to break a gun law when you own a firearm. There are many ways to get yourself into trouble with a weapon and facing criminal charges as a result is an extremely stressful thing.
Prohibited Weapons in New Jersey

There are some weapons you just simple can’t own. If caught in possession of any of the weapons listed here you could face charges just for having them.

• Sawed off shotgun
• Silencers
• Defaced firearms
• Destructive devices (explosives, etc.)
• Body armor penetrating bullets,
• Daggers, switchblades, and stilettos

Depending on the circumstances of your arrest, you could be facing a crime in the 3^rd or 4^th degree for possessing any one of these weapons. Such a charge can result in up to 5 years in prison if convicted.

Ref: NJ. Stat. § 2C:39-3

Possession of Weapons for Unlawful Purposes – NJ Laws & Penalties

This law is written in such a way that it can be applied to many situations, and charged accordingly. You cannot be found in possession of a weapon when the intended purpose is unlawful or to cause injury to someone. This means you can face this charge without even using the weapon.
If the weapon in your case is a firearm, the possession of weapons for unlawful purposes charge is a crime in the 2^nd degree which carries a potential 10 years in prison.
This charge is not the same as having an unregistered weapon. For charges like that, see the criminal offense below.

Ref: NJ. Stat. §2C:39-4

Unlawful Possession of Weapons – NJ Laws & Penalties

This charge refers to possessing a weapon when the proper permits are not in order, and/or without legal authorization to possess, own or carry a weapon. If you are caught with a firearm and are not registered to have it, you could face this charge. This is one of the most common firearms offenses under New Jersey law.
If the weapon is a handgun, the offense is a crime of the 2^nd degree carrying up to 10 years in prison. If, however, it is a rifle or shotgun, the charge is a crime of the 3^rd degree and carries up to 5 years behind bars.

States loosen concealed carry gun laws, stir debate

JACKSON, Miss. – A Mississippi resident who receives a concealed carry permit and takes an eight-hour course can now carry a gun on college campuses, in bars and in courthouses.

As of this summer, Wyoming residents need no permits for concealed weapons. And in Indiana, private businesses must allow employees to keep firearms in their vehicles on company property.

Those and other recent changes on the state level represent a growing shift toward loosening state gun regulations, according to University of Chicago professor Jens Ludwig.

"When you look across the states, they are definitely moving in the direction of allowing concealed weapons in more locations," Ludwig says.

Supporters of the trend see it as a boost for gun rights. The National Rifle Association tracks the legislation online and has praised the new state laws.

Others say the trend could pose a threat to public safety.

"The gun lobby won't stop," says Brian Malte, of the Washington, D.C.-based Brady Campaign to Prevent Gun Violence. Malte described the way he sees the trend for the past 10 years: guns "anytime, any place and for anyone."

Proponents of the shift say they are just trying to give law-abiding citizens a way to protect themselves.

"Somebody who's disturbed or a crook — they're not going to care (if it's illegal to carry a gun in certain locations)," says Mississippi state Rep. Greg Snowden, a Republican who was one of three authors of an amendment that paved the way for the new policy here.

Alaska, Arizona and Vermont, like Wyoming, do not require permits for concealed guns, according to the NRA's Institute for Legislative Action.

Lawmakers in Colorado and Utah made similar proposals, but those bills died during the states' most recent legislative sessions, legislative records show.

Florida this year passed a law that would prevent pediatricians from asking about guns in patients' homes, according to the NRA legislation tracker. A federal judge has temporarily blocked the measure. Doctors found in violation would have lost their medical licenses and faced fines of up to $10,000, according to the law that was passed.

University of Mississippi Police Chief Calvin Sellers says he supports the right to own firearms, but he still thinks Mississippi's newest policy could be a "bad law."

"I just don't like the idea of people having firearms in a classroom," he says.

There have been several high-profile campus shootings in recent years, most notably the 2007 Virginia Tech shooting that killed 33 people and injured 25, and the shooting there earlier this month in which a campus police officer was killed by a gunman who subsequently killed himself.

Aside from the high-profile cases, David Burnett, spokesman for a national student-led group that supports concealed carry laws for college campuses, says he thinks allowing students to carry guns can help in situations of sexual assault, armed robbery or other crimes.

"This isn't just about the rare college shooting incidents," he says.

12 states on path to guns with no permits

Legislatures in a dozen states are considering laws that would eliminate requirements that residents obtain permits to carry concealed weapons.

Gun-control advocates view the efforts as part of a long-range strategy to eventually weaken gun laws across the country. But supporters say armed, law-abiding citizens prevent crime.

Andrew Arulanandam, policy director for the National Rifle Association's Institute for Legislative Action, which supports these legislative efforts, argues that crime rates are low in four states — Alaska, Arizona, Vermont and Wyoming — that already allow residents to carry without a permit. "Our viewpoint is, a good person will always be a good person," he said. "They don't need a license to be a good person."

• STORY: States loosen concealed carry gun laws, stir debate

Brian Malte, the director of state legislation for the Brady Campaign to Prevent Gun Violence argues the permitless systems put law enforcement officers in a bad situation when they encounter someone with a weapon, and he's critical of efforts that would allow people who have never even shot a firearm to carry one in public.

"They want a gun in every nook and cranny in society with no permission needed and no background check," Malte said, adding, "This is just a recipe for disaster."

States that have been or are considering bills in current legislative sessions include Colorado, Iowa, Georgia, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota and Virgina, according to the NRA.

South Dakota could be the fifth state to join the ranks of permit-less carry states. Lawmakers last week passed a measure allowing anyone 18 and older with a valid state driver's license to carry a concealed weapon, as long as they don't have a background that would otherwise prohibit them from getting a permit. The bill awaits action from Republican Gov. Dennis Daugaard.

Mike Milstead, the sheriff of Minnehaha County, the state's largest, says his office processes about 2,000 permits a year, of which 30 to 40 are rejected because applicants have something in their backgrounds.

"The tough part will be on the small number of people that think they should have a permit that shouldn't," he said.

Wyoming's law went into effect in July. The state continues to issue permits for people who want to travel out of state, said Christopher Lynch, the project manager for the state's concealed firearms program.

In New Hampshire, Republican Rep. J.R. Hoell's bill has cleared the House. Hoell points to the recent school shooting in Chardon, Ohio, as a failure of gun control. "Gun-free zones kill people," he said.

Assault Weapons in NJ

New Jersey prohibits the knowing possession of “assault firearms”¹ (unless the purchaser or possessor is licensed to possess the assault firearm or the weapon is registered or rendered inoperable), defined to include:

• More than 50 specified firearms or their copies;²
• A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock;³
• A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds;⁴ and
• A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.⁵

Any person seeking to purchase or possess an assault firearm in New Jersey may apply for a license to do so by filing a written application with his or her county’s superior court, setting forth in detail the reasons for desiring such a license.⁶ “No license shall be issued to any person who would not qualify for a permit to carry a handgun…and no license shall be issued unless the court finds that the public safety and welfare so require.”⁷ See the section entitled Concealed Weapons Permitting in New Jersey for additional information.
New Jersey prohibits any person from manufacturing, transporting, shipping, selling or disposing of an assault firearm without being registered or licensed to do so under state law.⁸
Any person who lawfully purchased an assault firearm on or before May 1, 1990 was permitted to register that weapon within one year, if the Attorney General determined it was of a type used for legitimate target-shooting purposes.⁹ The owner was also required to pay a $50 fee per weapon, produce for inspection a valid Firearms Purchaser Identification Card (FPIC), a valid permit to carry handguns, or a copy of the permit to purchase a handgun which was used to purchase the assault firearm being registered, and submit valid proof of membership in a rifle or pistol club.¹⁰
Upon the death of a registered owner of an assault firearm, the owner’s heirs or estate have 90 days to either transfer the weapon to someone lawfully entitled to own or possess it, render it inoperable, or voluntarily surrender the gun to law enforcement.¹¹
Finally, any person who offers to sell a semi-automatic rifle or “assault firearm” by means of an advertisement published in a newspaper circulating within New Jersey, where the advertisement does not specify that the purchaser is required to possess a valid New Jersey license to purchase and possess an assault firearm, or a valid FPIC to purchase and possess a semi-automatic rifle, is criminally liable for a misdemeanor.¹²
See our Assault Weapons policy summary for a comprehensive discussion of this issue.

1. N.J. Stat. Ann. § 2C:39-5f. “Assault Firearm” is defined under N.J. Stat. Ann. § 2C:39-1w. [↩]
2. N.J. Stat. Ann. § 2C:39-1w(1), (2). [↩]
3. N.J. Stat. Ann. § 2C:39-1w(3). [↩]
4. N.J. Stat. Ann. § 2C:39-1w(4). [↩]
5. N.J. Stat. Ann. § 2C:39-1w(5). [↩]
6. N.J. Stat. Ann. § 2C:58-5a. [↩]
7. N.J. Stat. Ann. § 2C:58-5b. Licenses expire two years from the date of issue. N.J. Stat. Ann. § 2C:58-5g. See N.J. Admin. Code §§ 13:54-5.1 – 13:54-5.4, 13:54-5.6 – 13:54-5.7 for further information on assault firearms. [↩]
8. N.J. Stat. Ann. § 2C:39-9g. [↩]
9. N.J. Stat. Ann. § 2C:58-12b. [↩]
10. N.J. Stat. Ann. § 2C:58-12b. [↩]
11. N.J. Stat. Ann. § 2C:58-12f. See also N.J. Stat. Ann. § 2C:58-13 (provisions for prior owners who chose not to register their assault firearms). [↩]
12. N.J. Stat. Ann. § 2C:39-15. [↩]

Prohibited Weapons in NJ

Prohibited Weapons in NJ

In New Jersey, the criminal code has a specific list of prohibited weapons that are illegal to possess.  This list includes Destructive devices, Sawed-off shotguns, Silencers, Defaced firearms, gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, Dum-dum or body armor penetrating bullets, Stun guns, large capacity ammunition magazine and Handcuffs.

Penalties for Possession of Prohibited Weapons in New Jersey

Crimes in the first degree can be punishable from 10 years to 20 years in New Jersey State Prison.  Crimes in the second degree can be punishable from 5 years to 10 years in New Jersey State prison.  Crimes in the third degree range can be punishable from 3 years to 5 years in the New Jersey State prison. Crimes in the 4th degree range can be punishable up to 18 months in New Jersey State prison. Disorderly persons offenses can be punishable up to 6 months in the County jail usually in the County where the crime was committed.
The Sentencing Judge may also order fines and restitution as prescribed by 2C:43-3 for all convictions for Sexual Assault in New Jersey.

New Jersey’s Prohibited Weapons and Device Statute- 2C:29-3

2C:39-3. Prohibited weapons and devices
a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.
b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.
c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.
d. Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.
e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.
f. Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any person, other than a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and (c) is therefore capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.
g. Exceptions. (1) Nothing in subsection a., b., c. , d., e., f., j. or k. of this section shall apply to any member of the Armed Forces of the United States or the National Guard, or except as otherwise provided, to any law enforcement officer while actually on duty or traveling to or from an authorized place of duty, provided that his possession of the prohibited weapon or device has been duly authorized under the applicable laws, regulations or military or law enforcement orders. Nothing in subsection h. of this section shall apply to any law enforcement officer who is exempted from the provisions of that subsection by the Attorney General. Nothing in this section shall apply to the possession of any weapon or device by a law enforcement officer who has confiscated, seized or otherwise taken possession of said weapon or device as evidence of the commission of a crime or because he believed it to be possessed illegally by the person from whom it was taken, provided that said law enforcement officer promptly notifies his superiors of his possession of such prohibited weapon or device.
(2) a. Nothing in subsection f. (1) shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land, nor shall subsection f. (1) be construed to prevent any licensed retail or wholesale firearms dealer from possessing such ammunition at its licensed premises, provided that the seller of any such ammunition shall maintain a record of the name, age and place of residence of any purchaser who is not a licensed dealer, together with the date of sale and quantity of ammunition sold.
b. Nothing in subsection f. (1) shall be construed to prevent a designated employee or designated licensed agent for a nuclear power plant under the license of the Nuclear Regulatory Commission from possessing hollow nose ammunition while in the actual performance of his official duties, if the federal licensee certifies that the designated employee or designated licensed agent is assigned to perform site protection, guard, armed response or armed escort duties and is appropriately trained and qualified, as prescribed by federal regulation, to perform those duties.
(3) Nothing in paragraph (2) of subsection f. or in subsection j. shall be construed to prevent any licensed retail or wholesale firearms dealer from possessing that ammunition or large capacity ammunition magazine at its licensed premises for sale or disposition to another licensed dealer, the Armed Forces of the United States or the National Guard, or to a law enforcement agency, provided that the seller maintains a record of any sale or disposition to a law enforcement agency. The record shall include the name of the purchasing agency, together with written authorization of the chief of police or highest ranking official of the agency, the name and rank of the purchasing law enforcement officer, if applicable, and the date, time and amount of ammunition sold or otherwise disposed. A copy of this record shall be forwarded by the seller to the Superintendent of the Division of State Police within 48 hours of the sale or disposition.
(4) Nothing in subsection a. of this section shall be construed to apply to antique cannons as exempted in subsection d. of N.J.S.2C:39-6.
(5) Nothing in subsection c. of this section shall be construed to apply to any person who is specifically identified in a special deer management permit issued by the Division of Fish and Wildlife to utilize a firearm silencer as part of an alternative deer control method implemented in accordance with a special deer management permit issued pursuant to section 4 of P.L.2000, c. 46 (C.23:4-42.6), while the person is in the actual performance of the permitted alternative deer control method and while going to and from the place where the permitted alternative deer control method is being utilized. This exception shall not, however, otherwise apply to any person to authorize the purchase or possession of a firearm silencer.
h. Stun guns. Any person who knowingly has in his possession any stun gun is guilty of a crime of the fourth degree.
i. Nothing in subsection e. of this section shall be construed to prevent any guard in the employ of a private security company, who is licensed to carry a firearm, from the possession of a nightstick when in the actual performance of his official duties, provided that he has satisfactorily completed a training course approved by the Police Training Commission in the use of a nightstick.
j. Any person who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the person has registered an assault firearm pursuant to section 11 of P.L.1990, c. 32 (C.2C:58-12) and the magazine is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army.
k. Handcuffs. Any person who knowingly has in his possession handcuffs as defined in P.L.1991, c. 437 (C.2C:39-9.2), under circumstances not manifestly appropriate for such lawful uses as handcuffs may have, is guilty of a disorderly persons offense. A law enforcement officer shall confiscate handcuffs possessed in violation of the law.