What Is Considered a Prohibited Weapon or Device in NJ?
While New Jersey law allows for citizens to have the right to bear arms, there are certain weapons and devices that the state does not recognize as legal. Outlined in NJ 2C:39-3, These tend to be items that are considered so dangerous there is no legal manner in which someone can possess them. These weapons and devices are organized into groups and certain categories have different levels of charges that can be brought against an individual caught possessing these items.
Types of Prohibited Weapons and Devices
The following are the categories of weapons and devices that are prohibited within New Jersey. Generally the more dangerous the weapon or device is, the more severe the offense will be.
Destructive Devices
The law prohibits possession of any device or instrument designed to explode or produce uncontrollable combustion. This include grenades, rockets, missiles, mines and bombs. Breakable devices containing flammable liquid and a way in which to ignite the liquid, such as Molotov cocktails, are also deemed illegal under this section of the law.
Sawed-Off Shotguns
Saw-off weapons include any shotgun with a barrel or barrels that measures less than 18 inches from the breech to the muzzle or any rifle with a barrel of less than 16 inches from breech to muzzle. The law also includes any weapons made with alterations to a shotgun or rifle whose overall length is less than 26 inches.
Silencers
The law says it is illegal to own any device whose purpose it is to silence or muffle the noise of firing a gun.
Defaced Firearms
It is unlawful to possess any firearm that has been defaced by means of removing, covering or destroying important identification markers, such as the name of the manufacturer, model designation, serial number, or any other distinguished identification markings on the firearm. There is an exception made for antique handguns and other antique firearms.
Certain Weapons
This is a broad category of weapons mostly made up of melee weapons, meaning those that are intended for close quarters combat. This includes gravity knives, stilettos, daggers, dirks, switchblades, brass or metal knuckles, ballistic knives, billy clubs, blackjacks, sandclubs as well as cestuses or similar leather bands studded with metal filings or razor blades.
Dum-Dum or Body Armor Penetrating Bullets
Possession of bullets designed to pierce body armor, such as hollow point or dum-dum bullets, is prohibited by law.
Stun Guns
The law says it is illegal to possess a stun gun or any other weapon or device designed to emit an electrical current for the purpose of temporarily or permanently disabling another person.
Handcuffs
Any person that has handcuffs in their possession, under circumstances that are not appropriate for lawful usage, is in violation of the law.
Exceptions
It is important to keep in mind that there are exceptions to these laws for law enforcement officers, members of the armed forces and weapons dealers and manufacturers. If you have a valid federal firearms license (Collector Curios and Relics License) from the Bureau of Alcohol, Tobacco and Firearms (ATF), you may also be exempt for certain weapons or devices.
Penalties for Possession of Prohibited Weapons and Devices
The severity of the charges that can be levied against you for possession of a prohibited weapon or device is largely dependant on the danger of the weapon or device.
- Possession of a Destructive Device – Third Degree Offense
- Prison time of between 3 and 5 years
- Fines of up to $15,000
- Possession of a Sawed-Off Shotgun – Third Degree Offense
- Prison time of between 3 and 5 years
- Fines of up to $15,000
- Possession of a Silencer – Fourth Degree Offense
- Prison time of up to 18 months
- Fines of up to $10,000
- Possession of a Defaced Weapon – Fourth Degree Offense
- Prison time of up to 18 months
- Fines of up to $10,000
- Possession of a Weapon Listed Under the “Certain Weapons” Section – Fourth Degree Offense
- Prison time of up to 18 months
- Fines of up to $10,000
- Possession of Body Armor Penetrating Bullets – Fourth Degree Offense
- Prison time of up to 18 months
- Fines of up to $10,000
- Possession of a Stun Gun – Fourth Degree Offense
- Prison time of up to 18 months
- Fines up to $10,000
- Possession of Handcuffs – Disorderly Persons Offense
- Jail time of up to 6 months
- Fines of up to $1,000
Other NJ weapons offenses include:
- Unlawful Possession of a Weapon (NJ 2C:39-5)
- Possession of Weapons for Unlawful Purposes (NJ 2C:39-4)
Facing a Prohibited Weapon or Device Charge?
Being charged with possession of prohibited weapon or device is a serious matter. You should get in contact with experienced criminal defense attorneys like those at Schneider Freiberger in order to start building your case as soon as possible. It is critical to be proactive in order to maximize your chances of beating your charges and avoiding a conviction.
