New Jersey Section 2C:39-4 – Possession of weapons for unlawful purposes.
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New Jersey’s Unlawful Weapons Possession Law – What You Need to Know
New Jersey has some pretty strict laws when it comes to possessing weapons unlawfully. Section 2C:39-4 of the New Jersey Code of Criminal Justice deals with the crime of possessing certain weapons for unlawful purposes. This law makes it illegal to possess firearms, explosives, destructive devices, and other weapons under circumstances that don’t justify having them.
I know that’s a mouthful, so let’s break it down into something easier to digest. Here’s a quick rundown of the key things to know:
What’s Considered an “Unlawful Purpose”?
This law kicks in when someone has a weapon for an illegal reason. Some examples of unlawful purposes include:
- Using the weapon to commit a crime or threaten someone illegally
- Attacking someone or committing an act of violence
- Terrorizing or intimidating someone
Basically, if you don’t have a valid, legal reason for having the weapon, you could be looking at charges under this statute. Things like self-defense, target practice at a range, or hunting would generally be lawful purposes.
What Kinds of Weapons Are Covered?
Section 2C:39-4 covers more than just firearms. Under New Jersey law, the following are all considered weapons for the purpose of this statute:
- Guns, handguns, rifles, shotguns, and other firearms
- Bombs, grenades, mines, and other explosives
- Gravity knives, switchblades, daggers, dirks, and stilettos
- Billy clubs, blackjacks, and metal knuckles
- Slingshots and similar weapons
- Imitation firearms
So if you possess any of those without a lawful purpose, you could face charges even if you don’t actually use the weapon to commit a crime.
What Are the Penalties If You’re Convicted?
Like most crimes in New Jersey, the penalties you’ll face depend on the degree of the offense. Unlawful weapons possession can be charged as either a second, third, or fourth degree crime.
- 2nd degree is punishable by 5-10 years in prison and a fine up to $150,000
- 3rd degree could lead to 3-5 years behind bars and up to a $15,000 fine
- 4th degree caps sentencing at 18 months imprisonment and a $10,000 fine
If the weapon involved was a firearm and you have prior convictions for certain crimes, there are mandatory minimum prison terms. There are also sentencing enhancements possible if the crime occurs in a school zone.
Are There Any Defenses You Can Raise?
Yes, there are a few legal defenses that could potentially beat an unlawful possession charge:
- You had a lawful purpose. As mentioned earlier, uses like self-defense, recreational shooting, or work-related needs could justify having the weapon.
- The weapon wasn’t yours. If you can show you didn’t knowingly possess the weapon, that would negate the intent required for a conviction.
- You have a valid permit. Having the proper gun permits or licenses could give you a legal exemption to possess weapons.
- Illegal search and seizure. If the police recovered the weapon through an unconstitutional search, the evidence could get suppressed.
- Self-defense. In certain situations, possessing a weapon for self-protection could be justified and prevent a conviction.
There have been some interesting recent cases that dealt with this New Jersey statute:
- State v. Jefferson – Defendant was acquitted after arguing self-defense justified having a handgun he used to shoot an attacker.
- State v. Rodriguez – Conviction upheld even though gun was unloaded, as long as purpose was still unlawful.
- State v. Blann – No minimum mandatory sentence applied when inoperable antique rifle was involved.
So those are some of the key things you should know about New Jersey’s law against possessing weapons for unlawful purposes. Having the right information can help you avoid accidentally running afoul of this statute. And if you do face charges, knowing possible defenses is critical.
Overall, the takeaway is that you need to be careful about having weapons in New Jersey unless you have a rock-solid lawful reason for possessing them. This law has teeth, and the penalties are nothing to sneeze at. So understand what’s covered under Section 2C:39-4 and only have weapons for legitimate, legal purposes.