New Jersey Section 2C:39-14 – 2nd degree crimes

New Jersey’s Section 2C:39-14 – Breaking Down 2nd Degree Weapons Crimes

New Jersey’s weapons laws can be pretty complex for non-lawyers. Section 2C:39-14 of the New Jersey Code of Criminal Justice deals with weapons-related crimes that are 2nd degree offenses – in other words, pretty serious crimes. Let’s break it down in simple terms.

What Makes a Crime 2nd Degree in New Jersey

In New Jersey’s criminal code, offenses are divided into different “degrees” based on how serious they are. First degree crimes are the most serious, while fourth degree crimes are the least serious. Second degree crimes fall in the middle – they aren’t the worst, but they aren’t minor either.

2nd degree crimes carry a potential prison sentence of 5 to 10 years and a fine of up to $150,000. So 2nd degree offenses are no joke – they are considered pretty major crimes.

The 2nd Degree Weapons Crimes in 2C:39-14

Section 2C:39-14 lays out several weapons-related crimes that are graded as 2nd degree offenses in New Jersey:

• Possessing a community gun – A “community gun” is a firearm that is transferred among multiple people for criminal purposes. Just possessing a community gun is a 2nd degree crime.
• Possessing a weapon while committing certain drug crimes – If you possess a firearm while committing certain serious drug offenses like manufacturing drugs or running a drug factory, that’s a 2nd degree crime.
• Defacing a firearm’s serial number – It’s illegal to remove, deface, alter, or obliterate a firearm’s serial number or other ID marks. This is a 2nd degree offense in NJ.
• Selling a defaced firearm – It’s also a 2nd degree crime to sell, give, or dispose of a firearm knowing its serial number has been defaced.
• Possessing a bump stock or trigger crank – In New Jersey, bump stocks and trigger cranks that accelerate a firearm’s rate of fire are prohibited. Just possessing one is a 2nd degree offense.
• Possessing a large capacity ammunition magazine – Magazines capable of holding more than 10 rounds are banned in NJ. Possessing a large capacity magazine is a 2nd degree crime.
• Transporting an assault firearm without a permit – It’s illegal to transport an assault firearm in New Jersey without the proper permit. Doing so is a 2nd degree offense.

Defenses to 2C:39-14 Charges

If you’ve been charged with one of these 2nd degree weapons offenses, there may be defenses that could get the charges reduced or dismissed. For example:

• You didn’t know the firearm’s serial number was defaced
• Someone else planted the weapon on your property without your knowledge
• You reasonably believed you had a valid permit for the assault firearm
• You qualify for a defense under New Jersey’s extreme emotional disturbance doctrine

An experienced New Jersey criminal defense lawyer can evaluate the facts of your case and determine if you have any viable defenses. Don’t just plead guilty without exploring your options.

Bottom Line

Getting charged with any crime is scary. But a 2nd degree offense under Section 2C:39-14 is especially serious, with steep penalties on the line. If you’re facing charges, don’t go it alone. Consult with a knowledgeable New Jersey weapons defense attorney as soon as possible. An attorney can protect your rights, analyze any defenses you may have, and give you the strongest chance at the best possible outcome.