New Jersey Section 2C:39-3 – Prohibited weapons and devices

New Jersey’s Prohibited Weapons and Devices Law – What You Need to Know

New Jersey’s weapons laws can be pretty confusing for the average person. Section 2C:39-3 of the New Jersey code deals with “prohibited weapons and devices” – basically, weapons that are totally illegal for the average civilian to own or possess. This section bans things like bombs, sawed-off shotguns, switchblades, and even body armor.

The laws are written in pretty dense legalese, so it’s understandable if you’re unsure about what’s allowed and what could land you in legal trouble. That’s why I wanted to write this article explaining the key parts of the law in simple, everyday language. My goal is to help folks in NJ understand what’s legal and illegal, so you can avoid accidentally breaking the law.

Destructive Devices – Serious Business

Let’s start with the really dangerous stuff that’s completely banned – “destructive devices.” This includes bombs, grenades, rockets, and other explosives designed to destroy property or injure people. Even owning parts to make these devices is illegal. For example, having a bunch of dynamite or materials to make a Molotov cocktail would violate the law.

Possession of these destructive devices is a third degree felony in NJ, punishable by 3-5 years in prison and fines up to $15,000. So this is serious business – don’t mess around with explosives or you’ll be looking at hard time.

Sawed-Off Shotguns – Short Barrels are a No-No

Another prohibited weapon is sawed-off shotguns – any shotgun with a barrel less than 18 inches long. It’s also illegal to have rifles with barrels under 16 inches. Even shotguns or rifles under 26 inches total length are banned.

Like destructive devices, having a sawed-off shotgun is a third degree felony. It’s seen as an especially dangerous weapon, since the short barrels allow you to conceal them easily. The max penalties are 3-5 years locked up and $15,000 in fines – so steer clear of short-barreled shotguns.

Silencers – Don’t Make Your Guns Too Sneaky

Under this law, any kind of silencer or suppressor that muffles the sound of a gunshot is prohibited. The reasoning is pretty obvious – silenced firearms can more easily be used to commit crimes without drawing attention.

Possessing a silencer is a fourth degree felony in New Jersey, with max punishment of 18 months in jail and fines up to $10,000. So adding a silencer to your rifle for stealthy hunting could land you in hot water with the law.

Defaced Firearms – Serial Numbers Must Be Intact

It’s illegal in NJ to own any gun that’s had it’s serial number or other identifying markings removed, altered, or destroyed. This includes scraping off the serial, filing it down, etc. Antique firearms made before a certain date are exempt from this rule, however.

Like silencers, defaced guns are a fourth degree felony with up to 18 months in the slammer. This law is intended to prevent people from possessing untraceable firearms that can be used for crimes without being linked to the owner.

Certain Other Weapons – Switchblades, Brass Knuckles, and More

There’s a whole list of other weapons banned under 2C:39-3, like:

• Switchblade or gravity knives
• Daggers and stilettos
• Blackjacks and brass knuckles
• Throwing stars, nunchucks, and other martial arts weapons
• Ballistic knives (blades that shoot out)

Simple possession of these “certain weapons” is a fourth degree felony with up to 18 months behind bars. So leave the ninja weaponry at home if you want to avoid prison time.

Armor Piercing Bullets – No Cop Killers Allowed

Under this statute, it’s a fourth degree felony to possess bullets designed to penetrate body armor, like hollow-points and “dum-dum” rounds that expand on impact. These are sometimes called “cop killer” bullets since they can pierce police vests.

You’re looking at up to 18 months in prison and a $10,000 fine for having these prohibited rounds in New Jersey. Regular ammunition is still legal, however.

Stun Guns – High Voltage Hurts

Stun guns and other devices designed to shock people are banned in NJ. These can include tasers, cattle prods, or any other weapon that zaps someone with electricity to cause pain, injury, or temporary paralysis.

Possessing a stun gun is a fourth degree felony just like silencers, defaced guns, and the other prohibited devices listed above. You’ll face up to 18 months in the pen if caught with a taser or cattle prod.

Handcuffs – Only for Law Enforcement

Under 2C:39-3, it’s illegal for a normal civilian to possess handcuffs or other restraining devices, unless you have a valid reason related to your job. For example, cops and security guards can carry cuffs, but not the average person on the street.

The penalty for illegally having handcuffs is a disorderly persons offense, which is less serious than a felony. But you can still get up to 6 months in jail and a $1000 fine.

Exceptions – Cops, Soldiers, and Licensed Collectors

There are some exceptions to the prohibited weapons law. Active military and law enforcement can possess these weapons as part of their job. Licensed firearms dealers and manufacturers also have some exemptions when it comes to banned weapons they sell or make.

Certain collectors licensed by the federal government can legally own some prohibited weapons like sawed-off shotguns, switchblades, and dangerous ammo. But the average gun collector likely can’t have post-ban machine guns, for example.

Defending Prohibited Weapon Charges

As you can see, the penalties for possessing prohibited weapons and devices can be severe under New Jersey law. If you’ve been arrested and charged for any violation of 2C:39-3, it’s critical that you speak to an experienced criminal defense attorney immediately.

A skilled lawyer may be able to get charges reduced or even dismissed by challenging the evidence, raising constitutional issues, or negotiating with the prosecutor. Don’t leave your fate up to chance – make sure your rights are protected.

The Bottom Line on NJ’s Prohibited Weapons Statute

I know I covered a lot of ground in this article about New Jersey’s laws on prohibited weapons and devices. The main takeaway is that the state takes a very hard line on civilians possessing dangerous explosives, illegally modified guns, stealthy silencers, martial arts weaponry, and other hazardous devices that have no sporting or self-defense purpose.

Simply put, don’t mess around with the weapons banned under 2C:39-3 unless you want to risk felony charges and years behind bars. If you have any other questions on what’s legal for ownership in NJ, contact a knowledgeable firearms lawyer for guidance. Stay safe and stay out of trouble!