New Jersey Section 2C:39-2 – Presumptions

New Jersey’s Laws on Weapon Presumptions – What You Need to Know

New Jersey has some pretty strict laws when it comes to weapons. One of the key statutes is Section 2C:39-2, which covers legal presumptions related to weapon possession. This law can have serious consequences, so it’s important to understand what it says. Let’s break it down in simple terms.

The Basic Presumption

The main presumption under 2C:39-2 is this: If a weapon is found in a vehicle, it is assumed to be in the possession of the occupant. So if the cops search your car and find a gun under the seat, you’re likely getting charged for it even if it’s not actually yours.

There’s some common sense exceptions here. If there’s more than one person in the car, the gun isn’t automatically pinned on the driver – it’s presumed to be in the possession of everyone. And if you can show the weapon actually belongs to someone else (like you borrowed the car and the gun is registered to your buddy), you may be able to fight the presumption.

What Counts as a Weapon?

The presumption covers more than just guns. Section 2C:39-1 has a whole laundry list of “weapons” including things like daggers, brass knuckles, gravity knives, switchblades, and even slingshots. So if one of those ends up in your car, you could be looking at an unlawful possession charge.

What About My Home?

The presumption only directly applies to vehicles. But that doesn’t mean you’re off the hook if a weapon is found in your home. Prosecutors can still argue you constructively possessed the weapon – meaning you knew about it and had access to it. So just because it’s your house doesn’t make you immune.

Exceptions to the Presumptions

There are some exceptions where the presumptions won’t necessarily apply:

• If the weapon is found on someone else in the vehicle (not just laying around). Then it’s presumed to be in their possession only.
• If you can show the weapon was placed in the vehicle without your knowledge. Like if someone slipped a knife under your seat as a prank.
• If you have a valid permit or license for the weapon. Then possession may be considered lawful.

So the presumptions aren’t automatic guilt, but they do put the burden on you to explain the circumstances.

What About Antique Weapons?

There’s an exception for antique firearms. If you have an old musket passed down through your family, the presumption doesn’t apply. But the weapon has to meet the definition of an “antique” under Section 2C:39-1(d).

The Bottom Line

When a weapon shows up in your car or home, the law assumes it’s yours unless proven otherwise. You can’t just say “that’s not my gun” and expect to avoid charges. Make sure everyone who uses your vehicle knows New Jersey’s strict laws. And if you end up getting charged after a search, call a criminal defense lawyer immediately. Don’t try to talk your way out of it with the cops – the presumptions are stacked against you.

So in summary:

• Weapons in your car are presumed to be yours
• The presumption covers guns, knives, clubs etc.
• It doesn’t apply if someone else claims the weapon
• Valid permits/licenses can help avoid charges
• Antique weapons may be an exception
• Lawyer up if you’re charged – self-defense is hard!

Stay safe and know the laws. Don’t let a weapon presumption ruin your life!