New Jersey Section 2C:58-7 – Persons possessing explosives or destructive devices to notify police

Understanding New Jersey’s Law on Possessing Explosives or Destructive Devices

New Jersey has strict laws regarding the possession of explosives and destructive devices. Section 2C:58-7 of the New Jersey Code of Criminal Justice requires that any person who comes into possession of explosives, destructive devices, or ammunition must notify the police. Failure to do so can result in criminal charges. This article will provide an overview of the law, its purpose, penalties, and defenses.

What the Law States

The relevant portion of Section 2C:58-7 states:

“Any person who becomes the possessor of any explosive, destructive device, or ammunition therefor, which is or may be loaded or otherwise dangerous, except such persons possessing explosives, destructive devices, or ammunition therefor as provided in this chapter, shall, within 15 days after becoming the possessor thereof, notify the Superintendent of State Police of his name, age, occupation, residence and the place where such explosive, destructive device, or ammunition is kept.”

This law requires any individual who comes to possess explosives, destructive devices, or related ammunition to inform the New Jersey State Police within 15 days. The purpose is to allow law enforcement to track these dangerous items.

There are some exceptions, such as for individuals who legally obtained the items under other sections of Chapter 58 (e.g. manufacturers, dealers). But in general, anyone finding themselves in possession of these hazardous materials must promptly notify the authorities.

What Qualifies as an Explosive or Destructive Device

New Jersey’s criminal code defines both “explosives” and “destructive devices” in Section 2C:39-1.

An explosive is “any chemical compound or mixture that is commonly used or is possessed for the purpose of producing an explosion and which contains any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects.”

This includes things like gunpowder, nitroglycerin, dynamite, or plastic explosives.

A destructive device refers to:

• Any explosive, incendiary, or poison gas bomb or similar device.
• Any weapon that can expel a projectile by explosive or other propellant, and which has a barrel with a bore diameter of more than 1/2-inch in diameter.
• Any combination of parts designed to convert a device into a destructive device.

So this would cover homemade bombs, grenades, large-caliber firearms, and certain accessories or parts intended to convert standard firearms into destructive devices.

Penalties for Violating Section 2C:58-7

Failure to notify the State Police as required is a crime of the third degree in New Jersey. The potential penalties include:

• 3-5 years in prison
• Fines up to $15,000
• Probation up to 5 years
• Community service
• Loss of certain civil rights

If the explosives or destructive device was obtained legally under a valid permit, failing to notify police becomes a fourth-degree offense instead. This lowers the prison sentence to up to 18 months.

These criminal penalties demonstrate how seriously New Jersey takes this reporting requirement. The state wants to deter people from obtaining dangerous explosives illegally, or failing to properly register those acquired legally.

Defenses to a Charge Under 2C:58-7

There are some potential defenses if you’ve been charged with violating Section 2C:58-7:

• You did notify the State Police properly. If you have evidence you contacted them within 15 days, this would directly refute the charges.
• The items don’t qualify as explosives or destructive devices. You may be able to argue the materials in your possession don’t meet the statutory definitions. An attorney can review the evidence and determine if there is a case to be made here.
• You came into possession innocently. Let’s say you purchased a storage unit at auction and found grenades inside. The law requires “knowing” possession, so if you were unaware of the items until after purchase, you may have a defense.
• The 15-day timeline hasn’t expired yet. If you recently acquired explosive materials but have not exceeded the 15-day notification period, the charges would be premature.
• You have a valid permit or license for the items. As mentioned, individuals who lawfully obtained explosives or destructive devices under Chapter 58 are exempt from 2C:58-7. Verifying you have the proper permits/licenses could get the charges dismissed.

If you’ve been charged under this statute, it is advisable to consult with a criminal defense attorney to discuss the specifics of your case and any defenses that may apply. Don’t wait, as prompt action is key.

Policy Purpose of Explosives Notification Laws

Laws like Section 2C:58-7 have an important public safety purpose. Explosives and destructive devices that wind up in the wrong hands have enormous potential for harm.

By requiring prompt notification to law enforcement whenever an individual comes into possession of these hazardous materials, the authorities can verify the items were obtained lawfully. If not, they can be confiscated to prevent potential misuse.

This allows tighter control and tracking of dangerous explosives. Even if acquired properly, mandatory notification ensures the police will be aware of the items and who has them. This facilitates follow-up if the materials ultimately go missing or are suspected of being trafficked illegally.

While an inconvenience to lawful owners, these laws provide substantial public safety benefits. They represent a reasonable compromise between individual liberties and the state’s compelling interest in preventing violence and terrorism involving explosives.

Takeaways on New Jersey’s Explosives Notification Law

Section 2C:58-7 imposes an important requirement that anyone acquiring explosives or destructive devices must notify the New Jersey State Police within 15 days. Failure to do so can result in criminal charges.

Given the risks unaccounted explosives pose to public safety, compliance is critical. Prompt notification allows law enforcement to verify possession is lawful and track the hazardous items.

If you find yourself in violation, consult with an attorney right away. An experienced criminal defense lawyer may be able to get charges reduced or dismissed by challenging improper timelines, definitions, or other elements of the statute. But it is imperative to act fast, as delayed responses could hurt your defense.