Possession of Illegal Weapons in New Jersey

There are specific classes of weapon to which possession is strictly prohibited. N.J.S.A. 2C:39-3 bars an individual from possessing a sawed off shotgun, destructive devices, silencer, defaced firearm, body vests, hollow tip and body armor penetrating bullets, assault firearms and rifles,large capacity magazines, and other weapons (e.g. switch blade, stun gun, brass knuckles, gravity knife, dagger, etc.).  These items cannot be legally possessed in NJ. The attorneys at our firm, the Law Offices John F. Marshall, have over 60 years of experience defending weapon charges throughout NJ. Our lawyers have a thorough knowledge of the law and will provide you with the information you deserve. And if you decide to hire our defense office, you can be confident that a skilled lawyer will aggressively seek the best result on your behalf. Give us a call anytime 24/7 if you have been charged in Monmouth County, Ocean County, Union County, Mercer County, Middlesex County, Camden County, Essex County, Hudson County, Somerset County, Burlington County, Bergen County or elsewhere in New Jersey. An attorney is available now at 1-877-450-8301. 

NJ Prohibited Weapons Law

New Jersey has outlawed certain weapons from ownership or possession. The following are the items barred under NJ law:

• Destructive Devices: this term is defined to not only include explosives but any device, instrument or object designed to explode or produce uncontrolled combustion. This includes any explosive, or incendiary bomb, mine or grenade; any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one quarter of an ounce, any weapon capable of firing a projectile of a caliber greater than.60 caliber except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited. Any device manufactured for the purpose of illumination, distress signaling, line-throwing safety or similar purposes is not a destructive device. 
• Sawed Off Shotgun: means a shotgun with a barrel of less than eighteen inches in length or a rifle with a barrel less than sixteen inches. This prohibition also applies to any firearm that is less than twenty six inches in overall length that was created from a shotgun or rifle.
• Silencers
• Defaced Firearm: removed, altered or destroyed maker, model designation, manufacturer's serial number, or any other distinguishing identification mark or number on any firearm.
• Hollow Tip & Body Armor Penetrating Bullets: body armor breaching or penetrating ammunition have three characteristics. The ammunition is primarily designed for use in a handgun; the ammunition is comprised of a bullet whose core or jacket, if the jacket is thicker than.025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B Hardness scale and finally the ammunition must be capable of breaching or penetrating body arm.
• Large Capacity Magazines: this is defined as any container or other chamber that is capable of providing fifteen rounds of ammunition continuously and directly to a semi-automatic firearm.
• Assault Firearms & Assault Rifles
• Body Vests
• Other Prohibited Items: gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades embedded in wood, ballistic knife.

Penalties Under N.J.S.A. 2C:39-3 

The extent of the fines, jail and other punishment for owning or possessing a weapon prohibited by law depends on the type of weapon or device. It is a disorderly persons offense for a person to have in his possession handcuffs under circumstances not manifestly appropriate for such lawful uses. A disorderly persons offense is punishable by up to 6 months in jail. Possession of a gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckles, sandclub, slingshot, cestus, or similar leather band studded with metal filings or razor blades embedded in wood ballistic knife without an explainable lawful purpose is a fourth degree crime. If you possess a different type of knife other than the ones listed, even if it is dangerous or could be used unlawfully, it is not an offense under this section. Other fourth degree crimes are possession of a defaced firearm, silencer, armor piercing or dum-dum ammo, stun gun and large capacity ammunition magazines. A conviction of a fourth degree crime imposes a sentence of up to 18 months in prison. It is a crime of the third degree for any person to knowingly have in his possession any destructive device. It is also a third degree crime for any person to knowingly be in possession of a sawed off shotgun.  

Over Sixty Years Experience & Former Prosecutors 

If you have been charged with possession of a weapon under 2C:39-3, it is imperative that you retain the services of a qualified defense attorney. These types of cases can be very difficult to litigate and are usually vigorously pursued by prosecutors. Without the help of a skilled New Jersey lawyer, your chances of obtaining a satisfactory outcome are limited. The lawyers at our firm, the Law Offices of John F. Marshall, possess collective experience of over 60 years. Two of our attorneys are also former prosecutors. We fight on behalf of our clients and are routinely successful in defending weapon charges in New Jersey. We represent clients all across NJ including Monmouth County, Ocean County, Middlesex County, Union County, Hudson County, Morris County, Burlington County, Passaic County, Essex County, Mercer County, and Camden County. If you would like more information about a weapons offense, or how we can assist you, give us a call at 1-877-450-8301.