New Jersey Section 2C:39-1 – Definitions.

New Jersey Section 2C:39-1 – Definitions

New Jersey’s weapons laws can be super confusing. Section 2C:39-1 lays out all the key definitions used throughout the statutes. Knowing these terms is crucial for understanding the complex web of regulations in the state.

Firearm

The definition of “firearm” includes handguns, rifles, shotguns, and other guns that use gunpowder or gas to shoot a projectile. This includes antique firearms too. BB guns, air guns, and flare guns are also considered firearms even though they don’t use traditional ammunition.

Destructive Device

This covers bombs, grenades, rockets, and missiles. It also includes weapons over .60 caliber which fire fixed ammunition or have a bore of more than a half-inch in diameter. Molotov cocktails and other explosive or incendiary devices are destructive devices too.

Machine Gun

A machine gun is any firearm that shoots more than 12 shots without reloading. This includes submachine guns. The definition also covers weapons altered to function as machine guns.

Handgun

A handgun is a firearm designed to be held and fired with one hand. This includes pistols and revolvers. Derringers, sawed-off shotguns, and other small concealable firearms are considered handguns.

Rifle

A rifle is a firearm with a rifled bore designed to be fired from the shoulder. Hunting rifles, assault rifles, and .22 caliber rimfire rifles all fit the definition.

Shotgun

A shotgun has a smooth bore designed to fire shells containing multiple projectiles. This includes autoloading, pump action, double barrel, and sawed-off shotguns.

Antique Firearm

These are muzzle loading rifles, shotguns, and handguns manufactured before 1898. They use black powder or a black powder substitute as an ignition system. Antique firearms are exempt from some of the possession and carrying laws.

Trigger Lock

A trigger lock is an external device designed to prevent a firearm from being discharged. It blocks access to the trigger without removal of the lock.

Securely Wrapped

Non-trigger locked firearms must be unloaded and securely wrapped to avoid criminal charges for unlawful possession. The firearm should be wrapped in a strong material like canvas or vinyl. Tying it with string or rope ensures it cannot be fired.

Loaded Firearm

A firearm is considered loaded if there are ammunition or projectiles positioned in the firing chamber, magazine, or clip. For muzzle-loading weapons, having a charged barrel and access to powder and ball meets the definition.

Silencer

Also called a suppressor, this is a device designed to muffle or mute the sound of a firearm. They attach to the end of a barrel to alter the propulsion of gases when fired.

Armor Piercing Ammunition

This refers to projectiles or bullets meant to penetrate metal or body armor. It includes tungsten alloys, steel, iron, brass, and bronze rounds.

Plastic Gun

Under New Jersey law, a plastic gun has all major components made of plastic or polymer materials. This allows it to avoid detection by security devices like metal detectors.

Imitation Firearm

An imitation firearm looks exactly or nearly identical to a real gun. It cannot fire any projectiles but can easily be confused with an actual firearm.

Assault Firearm

Assault firearms are semi-automatic rifles, pistols, and shotguns with detachable magazines and at least two military-style features. This includes guns like the AR-15 and AK-47.

Large Capacity Ammunition Magazine

These magazines or clips hold more than 10 rounds of ammunition. They allow semi-auto firearms to shoot over 10 shots without reloading.

Body Vest

Also called bulletproof vests, these are designed to provide ballistic and trauma protection. Soft body armor made of Kevlar and hard armor plates are included.

Graves Act Offense

These are serious violent crimes like murder, manslaughter, sexual assault, kidnapping, and robbery. Illegally possessing a gun during one of these crimes triggers mandatory prison time under the Graves Act.

School Zone

Under New Jersey law, a school zone is the area within 1,000 feet of any school property. There are enhanced penalties for illegal gun possession or trafficking within these zones.

Stun Gun

Stun guns incapacitate through an electric shock. They contain electrodes that emit a high voltage/low amperage shock when pressed against the attacker. Tasers are a type of stun gun.

Switchblade Knife

This is a folding pocket knife with a button or switch that releases the blade into the open locked position. Switchblades are illegal to possess in New Jersey.

Dum-Dum Bullet

Expanding or exploding ammunition designed to increase damage is prohibited. These bullets expand or break apart upon impact to create larger wound channels.

Armor Penetrating Bullets

A jacketed bullet meant to penetrate body armor is illegal. This includes rounds made of tungsten steel, brass, bronze, beryllium copper, or depleted uranium.

Graves Act

This law mandates prison for illegal gun possession during violent crimes. The minimum term is 42 months for simple possession and 72 months if the gun is fired.

Hollow Nose Bullets

Hollow points expand and fragment on impact to maximize damage. New Jersey bans the possession of handgun ammunition loaded with these expanding projectiles.

Large Capacity Magazines

Magazines holding over 10 rounds of ammo are illegal to possess in New Jersey. Exceptions exist for active duty military and law enforcement officers.

BB Guns

BB, pellet, and air guns are considered firearms even though they use air pressure and not gunpowder. They’re treated the same as traditional guns under the law.

Ammunition

This means any cartridges, shells, or other devices containing explosive or incendiary charges designed to be fired from a firearm. Black powder, bullets, shot shells are ammunition.

Firearm Silencers

Also called suppressors, these devices attach to the barrel to reduce noise and muzzle flash. Silencers are strictly regulated under the National Firearms Act.

Machine Guns

Fully automatic firearms that rapid fire multiple rounds with a single trigger pull are classified as machine guns. It also covers bump stocks and trigger cranks that simulate auto fire.

Destructive Devices

Bombs, grenades, rocket launchers and other heavy ordnance capable of mass destruction are banned destructive devices. Flamethrowers also fall under this prohibition.

Trigger Locks

These external devices obstruct the trigger to prevent firing. Cable, chamber, and padlocks securely block access and disable the firearm.

Transporting Firearms

Guns must be unloaded and locked in a secure container during transport in vehicles. The locks prevent immediate access, keeping firearms out of reach.

Graves Act Offenses

Illegal gun possession during violent crimes like murder, rape, robbery, and carjacking triggers mandatory minimum prison sentences under the Graves Act.

Plastic Guns

Undetectable firearms made entirely of plastic or polymer materials are prohibited under federal law. They allow guns to be smuggled past metal detectors.

Gun Safe Storage

New Jersey may soon require locking up firearms when not carried. Safes, lock boxes, and trigger locks would be mandated to prevent unauthorized access.

Smart Guns

These firearms have integrated technology preventing anyone but authorized users from firing them. Biometric scanners and radio frequency chips “recognize” the owner.

Ballistic Identification

Ballistics testing matches bullets and cartridge casings to specific firearms. Striations from the barrel leave unique markings on each round fired.

Gun Buyback Programs

Buybacks allow citizens to voluntarily surrender firearms to police, no questions asked. The guns are destroyed and owners can receive cash, gift cards, or other compensation.

One Gun a Month Laws

These laws restrict purchasing more than one firearm within a 30 day period. Only one handgun can be bought or transferred every 30 days.

Duty to Retreat

Unlike Stand Your Ground states, New Jersey imposes a duty to retreat before using lethal force in self defense. Citizens must try escaping unless cornered.

So in summary, New Jersey gun laws use a whole bunch of precisely defined terms that carry specific legal meanings. It’s essential to know the exact definitions to fully understand the regulations and avoid accidentally breaking the law. Consult an attorney if anything seems unclear, since this area can be super complex. Stay safe and exercise caution when owning, carrying, or using firearms in New Jersey.