New Jersey Section 2C:39-5 – Unlawful possession of weapons.

New Jersey’s Unlawful Weapons Possession Law – What You Need to Know

New Jersey has some of the strictest gun laws in the country. The state’s unlawful weapons possession statute, N.J. Stat. Section 2C:39-5, outlines various weapons and items that are illegal to own or carry in public without the proper permits. This wide-ranging law covers everything from firearms and knives to tear gas and stun guns.

Understanding New Jersey’s weapons possession laws is crucial for anyone living or visiting the state. Violating Section 2C:39-5 can lead to serious criminal penalties, including felony charges and prison time. Let’s break down the key provisions of this statute so you can avoid running afoul of it.

The Basics – What’s Illegal to Possess?

Section 2C:39-5 prohibits possessing a wide array of weapons and dangerous items without a permit. Here’s a quick rundown of some of the major categories:

• Firearms – Handguns, rifles, shotguns, and assault firearms are all prohibited without a permit. New Jersey has very strict laws around purchasing and carrying guns.
• Large Capacity Ammunition Magazines – It’s illegal to possess ammunition magazines that hold more than 10 rounds without a permit.
• Knives – Switchblades, gravity knives, daggers, and stilettos are banned. There are also limits on the length of legal pocket knives.
• Other Deadly Weapons – This covers things like metal knuckles, cesti or similar material weighted for impact, throwing stars, and more.
• Tear Gas & Stun Guns – You need a permit to carry tear gas, pepper spray, or electronic defense weapons like stun guns.

As you can see, the list covers a wide range of everyday items that become illegal when carried without the proper documentation. Keep reading to learn more about permits, exceptions, and penalties.

Permits & Exceptions – When Is Possession Legal?

Clearly, New Jersey doesn’t enact a blanket weapons ban. There are legal ways to possess prohibited items if you go through the proper channels and get permits.

The state issues several different types of gun permits, like firearms purchaser ID cards and concealed carry permits. These allow citizens to legally buy and/or carry certain types of guns. The process involves background checks, safety courses, fees, and more red tape.

There are also exceptions or defenses written into the unlawful possession law:

• Self-Defense Sprays – You can legally carry mace, pepper spray or tear gas for self-defense without a permit.
• Exemptions for Jobs – Police, security guards, and others who need weapons for their jobs are exempt.
• Transporting Weapons – There is a defense for transporting weapons between residences or to/from shops as long as they are unloaded and locked in a container.
• Hunting – It’s legal to possess otherwise prohibited weapons while actively hunting or fishing according to regulations.
• On Private Property – You can have banned weapons at home or other private property in certain cases.

But in general, you need a permit to carry or transport weapons in public in New Jersey. Claiming one of these defenses requires meeting specific criteria.

Penalties – What Happens If You Violate the Law?

The penalties for unlawfully possessing a weapon depend on the type of item and your criminal history. Like most crimes, sentences escalate if you have prior convictions.

• Disorderly Persons Offense – Illegally possessing tear gas, stun guns, large capacity magazines and certain knives is a DP offense. This brings up to 6 months jail time and a fine up to $1,000.
• 4th Degree Crime – Unlawful possession of firearms, switchblades, daggers, metal knuckles and other deadly weapons is a 4th degree offense. This ups the ante to 18 months in prison and a $10,000 fine.
• 3rd Degree Crime – Possession of assault firearms, sawed-off shotguns, large capacity ammunition magazines or certain knives becomes a 3rd degree crime if you have a prior conviction of any crime under 2C:39-5. Now we’re talking 3-5 years in prison and fines up to $15,000.
• 2nd Degree Crime – Having a firearm with the purpose of using it unlawfully against others bumps the offense to a 2nd degree felony. This potentially means 5-10 years behind bars and fines up to $150,000.
• Graves Act Offense – Using or just possessing a firearm illegally during the commission of certain drug crimes triggers the Graves Act. This mandates a minimum 3 year prison sentence with no chance of parole. Ouch.

As you can see, unlawful weapons possession, especially involving guns, is dealt with harshly. While exceptions exist, it’s smart to fully understand the law and follow the rules to the letter.

How a Criminal Defense Lawyer Can Help

If you’ve been charged with violating Section 2C:39-5, don’t go it alone. Hire an experienced New Jersey criminal defense attorney to protect your rights.

A knowledgeable lawyer can review the facts of your case and determine whether:

• You actually violated the statute, or if the weapon was covered by an exception
• Police violated your rights in searches or interrogations
• Any legal defenses like self-defense or necessity apply
• You qualify for a pre-trial intervention or diversion program

An attorney knows how to negotiate effectively with prosecutors to get charges reduced or dismissed. They can also argue for the lightest sentence possible if convicted.

The bottom line? Never try to navigate New Jersey’s complex weapons laws without professional legal guidance. The penalties are too severe to risk it. Consult a lawyer immediately if charged under this statute.

I hope this overview gave you a better understanding of New Jersey’s laws around unlawful weapons possession. While the Garden State strictly regulates guns, knives and other items, there are legal ways to purchase, carry and use weapons for self-defense, hunting, or sport with the proper permits. Just be sure you fully comply with all requirements. And never hesitate to call a criminal defense lawyer if you find yourself accused of violating Section 2C:39-5.