a. Provided a person complies with the requirements of subsection j. of this section, N.J.S.2C:39-5 does not apply to:
(1)Members
of the Armed Forces of the United States or of the National Guard while
actually on duty, or while traveling between places of duty and
carrying authorized weapons in the manner prescribed by the appropriate
military authorities;
(2)Federal
law enforcement officers, and any other federal officers and employees
required to carry firearms in the performance of their official duties;
(3)Members
of the State Police and, under conditions prescribed by the
superintendent, members of the Marine Law Enforcement Bureau of the
Division of State Police;
(4)A
sheriff, undersheriff, sheriffs officer, county prosecutor, assistant
prosecutor, prosecutors detective or investigator, deputy attorney
general or State investigator employed by the Division of Criminal
Justice of the Department of Law and Public Safety, investigator
employed by the State Commission of Investigation, inspector of the
Alcoholic Beverage Control Enforcement Bureau of the Division of State
Police in the Department of Law and Public Safety authorized to carry
such weapons by the Superintendent of State Police, State park police
officer, or State conservation officer;
(5)Except
as hereinafter provided, a prison or jail warden of any penal
institution in this State or his deputies, or an employee of the
Department of Corrections engaged in the interstate transportation of
convicted offenders, while in the performance of his duties, and when
required to possess the weapon by his superior officer, or a corrections
officer or keeper of a penal institution in this State at all times
while in the State of New Jersey, provided he annually passes an
examination approved by the superintendent testing his proficiency in
the handling of firearms;
(6)A
civilian employee of the United States Government under the supervision
of the commanding officer of any post, camp, station, base or other
military or naval installation located in this State who is required, in
the performance of his official duties, to carry firearms, and who is
authorized to carry such firearms by said commanding officer, while in
the actual performance of his official duties;
(7)
(a) A regularly employed member, including a detective, of the police
department of any county or municipality, or of any State, interstate,
municipal or county park police force or boulevard police force, at all
times while in the State of New Jersey;
(b)A
special law enforcement officer authorized to carry a weapon as
provided in subsection b. of section 7 of P.L.1985, c.439
(C.40A:14-146.14);
(c)An
airport security officer or a special law enforcement officer appointed
by the governing body of any county or municipality, except as provided
in subsection (b) of this section, or by the commission, board or other
body having control of a county park or airport or boulevard police
force, while engaged in the actual performance of his official duties
and when specifically authorized by the governing body to carry weapons;
(8)A
full-time, paid member of a paid or part-paid fire department or force
of any municipality who is assigned full-time or part-time to an arson
investigation unit created pursuant to section 1 of P.L.1981, c.409
(C.40A:14-7.1) or to the county arson investigation unit in the county
prosecutors office, while either engaged in the actual performance of
arson investigation duties or while actually on call to perform arson
investigation duties and when specifically authorized by the governing
body or the county prosecutor, as the case may be, to carry weapons.
Prior to being permitted to carry a firearm, such a member shall take
and successfully complete a firearms training course administered by the
Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et
seq.), and shall annually qualify in the use of a revolver or similar
weapon prior to being permitted to carry a firearm;
(9)A
juvenile corrections officer in the employment of the Juvenile Justice
Commission established pursuant to section 2 of P.L.1995, c.284
(C.52:17B-170) subject to the regulations promulgated by the commission;
(10)
A designated employee or designated licensed agent for a nuclear power
plant under license of the Nuclear Regulatory Commission, while in the
actual performance of his official duties, if the federal licensee
certifies that the designated employee or designated licensed agent is
assigned to perform site protection, guard, armed response or armed
escort duties and is appropriately trained and qualified, as prescribed
by federal regulation, to perform those duties. Any firearm utilized by
an employee or agent for a nuclear power plant pursuant to this
paragraph shall be returned each day at the end of the employees or
agents authorized official duties to the employees or agents supervisor.
All firearms returned each day pursuant to this paragraph shall be
stored in locked containers located in a secure area;
(11)
A county corrections officer at all times while in the State of New
Jersey, provided he annually passes an examination approved by the
superintendent testing his proficiency in the handling of firearms.
b.Subsections a., b. and c. of N.J.S.2C:39-5 do not apply to:
(1)A
law enforcement officer employed by a governmental agency outside of
the State of New Jersey while actually engaged in his official duties,
provided, however, that he has first notified the superintendent or the
chief law enforcement officer of the municipality or the prosecutor of
the county in which he is engaged; or
(2)A
licensed dealer in firearms and his registered employees during the
course of their normal business while traveling to and from their place
of business and other places for the purpose of demonstration,
exhibition or delivery in connection with a sale, provided, however,
that the weapon is carried in the manner specified in subsection g. of
this section.
c.Provided
a person complies with the requirements of subsection j. of this
section, subsections b. and c. of N.J.S.2C:39-5 do not apply to:
(1)A
special agent of the Division of Taxation who has passed an examination
in an approved police training program testing proficiency in the
handling of any firearm which he may be required to carry, while in the
actual performance of his official duties and while going to or from his
place of duty, or any other police officer, while in the actual
performance of his official duties;
(2)A
State deputy conservation officer or a full-time employee of the
Division of Parks and Forestry having the power of arrest and authorized
to carry weapons, while in the actual performance of his official
duties;
(3)(Deleted by amendment, P.L.1986, c.150.)
(4)A
court attendant serving as such under appointment by the sheriff of the
county or by the judge of any municipal court or other court of this
State, while in the actual performance of his official duties;
(5)A
guard in the employ of any railway express company, banking or building
and loan or savings and loan institution of this State, while in the
actual performance of his official duties;
(6)A
member of a legally recognized military organization while actually
under orders or while going to or from the prescribed place of meeting
and carrying the weapons prescribed for drill, exercise or parade;
(7)A
humane law enforcement officer of the New Jersey Society for the
Prevention of Cruelty to Animals or of a county society for the
prevention of cruelty to animals, while in the actual performance of his
duties;
(8)An employee of a public utilities corporation actually engaged in the transportation of explosives;
(9)A
railway policeman, except a transit police officer of the New Jersey
Transit Police Department, at all times while in the State of New
Jersey, provided that he has passed an approved police academy training
program consisting of at least 280 hours. The training program shall
include, but need not be limited to, the handling of firearms, community
relations, and juvenile relations;
(10)
A campus police officer appointed under P.L.1970, c.211 (C.18A:6-4.2 et
seq.) at all times. Prior to being permitted to carry a firearm, a
campus police officer shall take and successfully complete a firearms
training course administered by the Police Training Commission, pursuant
to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in
the use of a revolver or similar weapon prior to being permitted to
carry a firearm;
(11) (Deleted by amendment, P.L.2003, c.168).
(12)
A transit police officer of the New Jersey Transit Police Department,
at all times while in the State of New Jersey, provided the officer has
satisfied the training requirements of the Police Training Commission,
pursuant to subsection c. of section 2 of P.L.1989, c.291
(C.27:25-15.1);
(13)
A parole officer employed by the State Parole Board at all times. Prior
to being permitted to carry a firearm, a parole officer shall take and
successfully complete a basic course for regular police officer training
administered by the Police Training Commission, pursuant to P.L.1961,
c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a
revolver or similar weapon prior to being permitted to carry a firearm;
(14)
A Human Services police officer at all times while in the State of New
Jersey, as authorized by the Commissioner of Human Services;
(15)
A person or employee of any person who, pursuant to and as required by a
contract with a governmental entity, supervises or transports persons
charged with or convicted of an offense;
(16)
A housing authority police officer appointed under P.L.1997, c.210
(C.40A:14-146.19 et al.) at all times while in the State of New Jersey;
or
(17)
A probation officer assigned to the Probation Officer Community Safety
Unit created by section 2 of P.L.2001, c.362 (C.2B:10A-2) while in the
actual performance of the probation officers official duties. Prior to
being permitted to carry a firearm, a probation officer shall take and
successfully complete a basic course for regular police officer training
administered by the Police Training Commission, pursuant to P.L.1961,
c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a
revolver or similar weapon prior to being permitted to carry a firearm.
d.
(1) Subsections c. and d. of N.J.S.2C:39-5 do not apply to antique
firearms, provided that such antique firearms are unloaded or are being
fired for the purposes of exhibition or demonstration at an authorized
target range or in such other manner as has been approved in writing by
the chief law enforcement officer of the municipality in which the
exhibition or demonstration is held, or if not held on property under
the control of a particular municipality, the superintendent.
(2)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
an antique cannon that is capable of being fired but that is unloaded
and immobile, provided that the antique cannon is possessed by (a) a
scholastic institution, a museum, a municipality, a county or the State,
or (b) a person who obtained a firearms purchaser identification card
as specified in N.J.S.2C:58-3.
(3)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
an unloaded antique cannon that is being transported by one eligible to
possess it, in compliance with regulations the superintendent may
promulgate, between its permanent location and place of purchase or
repair.
(4)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
antique cannons that are being loaded or fired by one eligible to
possess an antique cannon, for purposes of exhibition or demonstration
at an authorized target range or in the manner as has been approved in
writing by the chief law enforcement officer of the municipality in
which the exhibition or demonstration is held, or if not held on
property under the control of a particular municipality, the
superintendent, provided that performer has given at least 30 days
notice to the superintendent.
(5)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
the transportation of unloaded antique cannons directly to or from
exhibitions or demonstrations authorized under paragraph (4) of
subsection d. of this section, provided that the transportation is in
compliance with safety regulations the superintendent may promulgate.
Nor do those subsections apply to transportation directly to or from
exhibitions or demonstrations authorized under the law of another
jurisdiction, provided that the superintendent has been given 30 days
notice and that the transportation is in compliance with safety
regulations the superintendent may promulgate.
e.Nothing
in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to
prevent a person keeping or carrying about his place of business,
residence, premises or other land owned or possessed by him, any
firearm, or from carrying the same, in the manner specified in
subsection g. of this section, from any place of purchase to his
residence or place of business, between his dwelling and his place of
business, between one place of business or residence and another when
moving, or between his dwelling or place of business and place where
such firearms are repaired, for the purpose of repair. For the purposes
of this section, a place of business shall be deemed to be a fixed
location.
f.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:
(1)A
member of any rifle or pistol club organized in accordance with the
rules prescribed by the National Board for the Promotion of Rifle
Practice, in going to or from a place of target practice, carrying such
firearms as are necessary for said target practice, provided that the
club has filed a copy of its charter with the superintendent and
annually submits a list of its members to the superintendent and
provided further that the firearms are carried in the manner specified
in subsection g. of this section;
(2)A
person carrying a firearm or knife in the woods or fields or upon the
waters of this State for the purpose of hunting, target practice or
fishing, provided that the firearm or knife is legal and appropriate for
hunting or fishing purposes in this State and he has in his possession a
valid hunting license, or, with respect to fresh water fishing, a valid
fishing license;
(3)A person transporting any firearm or knife while traveling:
(a)Directly
to or from any place for the purpose of hunting or fishing, provided
the person has in his possession a valid hunting or fishing license; or
(b)Directly
to or from any target range, or other authorized place for the purpose
of practice, match, target, trap or skeet shooting exhibitions, provided
in all cases that during the course of the travel all firearms are
carried in the manner specified in subsection g. of this section and the
person has complied with all the provisions and requirements of Title
23 of the Revised Statutes and any amendments thereto and all rules and
regulations promulgated thereunder; or
(c)In
the case of a firearm, directly to or from any exhibition or display of
firearms which is sponsored by any law enforcement agency, any rifle or
pistol club, or any firearms collectors club, for the purpose of
displaying the firearms to the public or to the members of the
organization or club, provided, however, that not less than 30 days
prior to the exhibition or display, notice of the exhibition or display
shall be given to the Superintendent of the State Police by the
sponsoring organization or club, and the sponsor has complied with such
reasonable safety regulations as the superintendent may promulgate. Any
firearms transported pursuant to this section shall be transported in
the manner specified in subsection g. of this section;
(4)A
person from keeping or carrying about a private or commercial aircraft
or any boat, or from transporting to or from such vessel for the purpose
of installation or repair a visual distress signaling device approved
by the United States Coast Guard.
g.All
weapons being transported under paragraph (2) of subsection b.,
subsection e., or paragraph (1) or (3) of subsection f. of this section
shall be carried unloaded and contained in a closed and fastened case,
gunbox, securely tied package, or locked in the trunk of the automobile
in which it is being transported, and in the course of travel shall
include only such deviations as are reasonably necessary under the
circumstances.
h.Nothing
in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any
employee of a public utility, as defined in R.S.48:2-13, doing business
in this State or any United States Postal Service employee, while in the
actual performance of duties which specifically require regular and
frequent visits to private premises, from possessing, carrying or using
any device which projects, releases or emits any substance specified as
being noninjurious to canines or other animals by the Commissioner of
Health and Senior Services and which immobilizes only on a temporary
basis and produces only temporary physical discomfort through being
vaporized or otherwise dispensed in the air for the sole purpose of
repelling canine or other animal attacks.
The
device shall be used solely to repel only those canine or other animal
attacks when the canines or other animals are not restrained in a
fashion sufficient to allow the employee to properly perform his duties.
Any
device used pursuant to this act shall be selected from a list of
products, which consist of active and inert ingredients, permitted by
the Commissioner of Health and Senior Services.
i.Nothing
in N.J.S.2C:39-5 shall be construed to prevent any person who is 18
years of age or older and who has not been convicted of a felony, from
possession for the purpose of personal self-defense of one pocket-sized
device which contains and releases not more than three-quarters of an
ounce of chemical substance not ordinarily capable of lethal use or of
inflicting serious bodily injury, but rather, is intended to produce
temporary physical discomfort or disability through being vaporized or
otherwise dispensed in the air. Any person in possession of any device
in violation of this subsection shall be deemed and adjudged to be a
disorderly person, and upon conviction thereof, shall be punished by a
fine of not less than $100.00.
j.A
person shall qualify for an exemption from the provisions of
N.J.S.2C:39-5, as specified under subsections a. and c. of this section,
if the person has satisfactorily completed a firearms training course
approved by the Police Training Commission.
Such
exempt person shall not possess or carry a firearm until the person has
satisfactorily completed a firearms training course and shall annually
qualify in the use of a revolver or similar weapon. For purposes of this
subsection, a firearms training course means a course of instruction in
the safe use, maintenance and storage of firearms which is approved by
the Police Training Commission. The commission shall approve a firearms
training course if the requirements of the course are substantially
equivalent to the requirements for firearms training provided by police
training courses which are certified under section 6 of P.L.1961, c.56
(C.52:17B-71). A person who is specified in paragraph (1), (2), (3) or
(6) of subsection a. of this section shall be exempt from the
requirements of this subsection.
k.Nothing
in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any
financial institution, or any duly authorized personnel of the
institution, from possessing, carrying or using for the protection of
money or property, any device which projects, releases or emits tear gas
or other substances intended to produce temporary physical discomfort
or temporary identification.
l.Nothing
in subsection b. of N.J.S.2C:39-5 shall be construed to prevent a law
enforcement officer who retired in good standing, including a retirement
because of a disability pursuant to section 6 of P.L.1944, c.255
(C.43:16A-6), section 7 of P.L.1944, c.255 (C.43:16A-7), section 1 of
P.L.1989, c.103 (C.43:16A-6.1) or any substantially similar statute
governing the disability retirement of federal law enforcement officers,
provided the officer was a regularly employed, full-time law
enforcement officer for an aggregate of four or more years prior to his
disability retirement and further provided that the disability which
constituted the basis for the officers retirement did not involve a
certification that the officer was mentally incapacitated for the
performance of his usual law enforcement duties and any other available
duty in the department which his employer was willing to assign to him
or does not subject that retired officer to any of the disabilities set
forth in subsection c. of N.J.S.2C:58-3 which would disqualify the
retired officer from possessing or carrying a firearm, who semi-annually
qualifies in the use of the handgun he is permitted to carry in
accordance with the requirements and procedures established by the
Attorney General pursuant to subsection j. of this section and pays the
actual costs associated with those semi-annual qualifications, who is 75
years of age or younger, and who was regularly employed as a full-time
member of the State Police; a full-time member of an interstate police
force; a full-time member of a county or municipal police department in
this State; a full-time member of a State law enforcement agency; a
full-time sheriff, undersheriff or sheriffs officer of a county of this
State; a full-time State or county corrections officer; a full-time
county park police officer; a full-time county prosecutors detective or
investigator; a full-time federal law enforcement officer; or is a
qualified retired law enforcement officer, as used in the federal Law
Enforcement Officers Safety Act of 2004, Pub.L. 108-277, domiciled in
this State from carrying a handgun in the same manner as law enforcement
officers exempted under paragraph (7) of subsection a. of this section
under the conditions provided herein:
(1)The
retired law enforcement officer shall make application in writing to
the Superintendent of State Police for approval to carry a handgun for
one year. An application for annual renewal shall be submitted in the
same manner.
(2)Upon
receipt of the written application of the retired law enforcement
officer, the superintendent shall request a verification of service from
the chief law enforcement officer of the organization in which the
retired officer was last regularly employed as a full-time law
enforcement officer prior to retiring. The verification of service shall
include:
(a)The name and address of the retired officer;
(b)The date that the retired officer was hired and the date that the officer retired;
(c)A list of all handguns known to be registered to that officer;
(d)A
statement that, to the reasonable knowledge of the chief law
enforcement officer, the retired officer is not subject to any of the
restrictions set forth in subsection c. of N.J.S.2C:58-3; and
(e)A statement that the officer retired in good standing.
(3)If
the superintendent approves a retired officers application or
reapplication to carry a handgun pursuant to the provisions of this
subsection, the superintendent shall notify in writing the chief law
enforcement officer of the municipality wherein that retired officer
resides. In the event the retired officer resides in a municipality
which has no chief law enforcement officer or law enforcement agency,
the superintendent shall maintain a record of the approval.
(4)The
superintendent shall issue to an approved retired officer an
identification card permitting the retired officer to carry a handgun
pursuant to this subsection. This identification card shall be valid for
one year from the date of issuance and shall be valid throughout the
State. The identification card shall not be transferable to any other
person. The identification card shall be carried at all times on the
person of the retired officer while the retired officer is carrying a
handgun. The retired officer shall produce the identification card for
review on the demand of any law enforcement officer or authority.
(5)Any
person aggrieved by the denial of the superintendent of approval for a
permit to carry a handgun pursuant to this subsection may request a
hearing in the Superior Court of New Jersey in the county in which he
resides by filing a written request for such a hearing within 30 days of
the denial. Copies of the request shall be served upon the
superintendent and the county prosecutor. The hearing shall be held
within 30 days of the filing of the request, and no formal pleading or
filing fee shall be required. Appeals from the determination of such a
hearing shall be in accordance with law and the rules governing the
courts of this State.
(6)A
judge of the Superior Court may revoke a retired officers privilege to
carry a handgun pursuant to this subsection for good cause shown on the
application of any interested person. A person who becomes subject to
any of the disabilities set forth in subsection c. of N.J.S.2C:58-3
shall surrender, as prescribed by the superintendent, his identification
card issued under paragraph (4) of this subsection to the chief law
enforcement officer of the municipality wherein he resides or the
superintendent, and shall be permanently disqualified to carry a handgun
under this subsection.
(7)The
superintendent may charge a reasonable application fee to retired
officers to offset any costs associated with administering the
application process set forth in this subsection.
m.Nothing
in subsection d. of N.J.S.2C:39-5 shall be construed to prevent duly
authorized personnel of the New Jersey Division of Fish and Wildlife,
while in the actual performance of duties, from possessing, transporting
or using any device that projects, releases or emits any substance
specified as being non-injurious to wildlife by the Director of the
Division of Animal Health in the Department of Agriculture, and which
may immobilize wildlife and produces only temporary physical discomfort
through being vaporized or otherwise dispensed in the air for the
purpose of repelling bear or other animal attacks or for the aversive
conditioning of wildlife.
n.Nothing
in subsection b., c., d. or e. of N.J.S.2C:39-5 shall be construed to
prevent duly authorized personnel of the New Jersey Division of Fish and
Wildlife, while in the actual performance of duties, from possessing,
transporting or using hand held pistol-like devices, rifles or shotguns
that launch pyrotechnic missiles for the sole purpose of frightening,
hazing or aversive conditioning of nuisance or depredating wildlife;
from possessing, transporting or using rifles, pistols or similar
devices for the sole purpose of chemically immobilizing wild or
non-domestic animals; or, provided the duly authorized person complies
with the requirements of subsection j. of this section, from possessing,
transporting or using rifles or shotguns, upon completion of a Police
Training Commission approved training course, in order to dispatch
injured or dangerous animals or for non-lethal use for the purpose of
frightening, hazing or aversive conditioning of nuisance or depredating
wildlife.
Amended
1979, c.179, s.5; 1979, c.332, s.8; 1981, c.108, s.1; 1981, c.219, s.1;
1981, c.294, s.1; 1981, c.409, s.2; 1981, c.480, s.1; 1981, c.511, s.4;
1982, c.154, s.1; 1982, c.173, s.1; 1983, c.479, s.3; 1983, c.552;
1985, c.76, s.8; 1985, c.150, s.1; 1985, c.324, s.1 (s.3 eff. date
amended 1986, c.64); 1985, c.376, s.1; 1985, c.439, s.13,(s.15 eff. date
amended 1986, c.2); 1986, c.150, ss.7,8; 1987, c.139; 1987, c.172;
1989, c.291, s.4; 1991, c.327, s.2; 1991, c.386, s.3; 1992, c.94, s.2;
1993, c.246, s.2; 1995, c.273, s.2; 1995, c.280, s.21; 1997, c.67, s.1;
1997, c.210, s.6; 1997, c.393; 2001, c.79, s.15; 2001, c.362, s.4; 2003,
c.168, s.2; 2005, c.216, s.1; 2005, c.372, s.14; 2007, c.313; 2007,
c.314.2C:39-7 Certain persons not to have weapons.
6.Certain Persons Not to Have Weapons.
a.Except
as provided in subsection b. of this section, any person, having been
convicted in this State or elsewhere of the crime of aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault, bias intimidation in
violation of N.J.S.2C:16-1 or endangering the welfare of a child
pursuant to N.J.S.2C:24-4, whether or not armed with or having in his
possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or
any person convicted of a crime pursuant to the provisions of
N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has
ever been committed for a mental disorder to any hospital, mental
institution or sanitarium unless he possesses a certificate of a medical
doctor or psychiatrist licensed to practice in New Jersey or other
satisfactory proof that he is no longer suffering from a mental disorder
which interferes with or handicaps him in the handling of a firearm, or
any person who has been convicted of other than a disorderly persons or
petty disorderly persons offense for the unlawful use, possession or
sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who
purchases, owns, possesses or controls any of the said weapons is
guilty of a crime of the fourth degree.
b.
(1) A person having been convicted in this State or elsewhere of the
crime of aggravated assault, arson, burglary, escape, extortion,
homicide, kidnapping, robbery, aggravated sexual assault, sexual
assault, bias intimidation in violation of N.J.S.2C:16-1, endangering
the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant to
P.L.1992, c.209 (C.2C:12-10) or a crime involving domestic violence as
defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not
armed with or having in his possession a weapon enumerated in subsection
r. of N.J.S.2C:39-1, or a person having been convicted of a crime
pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6,
inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11;
N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns,
possesses or controls a firearm is guilty of a crime of the second
degree and upon conviction thereof, the person shall be sentenced to a
term of imprisonment by the court. The term of imprisonment shall
include the imposition of a minimum term, which shall be fixed at five
years, during which the defendant shall be ineligible for parole. If the
defendant is sentenced to an extended term of imprisonment pursuant to
N.J.S.2C:43-7, the extended term of imprisonment shall include the
imposition of a minimum term, which shall be fixed at, or between,
one-third and one-half of the sentence imposed by the court or five
years, whichever is greater, during which the defendant shall be
ineligible for parole.
(2)A
person having been convicted in this State or elsewhere of a disorderly
persons offense involving domestic violence, whether or not armed with
or having in his possession a weapon enumerated in subsection r. of
N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is
guilty of a crime of the third degree.
(3)A
person whose firearm is seized pursuant to the Prevention of Domestic
Violence Act of 1991, P.L.1991,c.261 (C.2C:25-17 et seq.) and whose
firearm has not been returned, or who is subject to a court order
prohibiting the possession of firearms issued pursuant to the Prevention
of Domestic Violence Act of 1991, P.L.1991,c.261 (C.2C:25-17 et seq.)
who purchases, owns, possesses or controls a firearm is guilty of a
crime of the third degree, except that the provisions of this paragraph
shall not apply to any law enforcement officer while actually on duty,
or to any member of the Armed Forces of the United States or member of
the National Guard while actually on duty or traveling to or from an
authorized place of duty.
c.Whenever
any person shall have been convicted in another state, territory,
commonwealth or other jurisdiction of the United States, or any country
in the world, in a court of competent jurisdiction, of a crime which in
said other jurisdiction or country is comparable to one of the crimes
enumerated in subsection a. or b. of this section, then that person
shall be subject to the provisions of this section.
L.1979,c.179,s.6; 1987, c.106, s.6, 1991, c.436; 1992, c.74, s.3; 1995, c.114; 2001, c.216; 2001, c.443, s.5; 2003, c.277, s.3.2C:39-9 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.
2C:39-9.
Manufacture, Transport, Disposition and Defacement of Weapons and
Dangerous Instruments and Appliances. a. Machine guns. Any person who
manufactures, causes to be manufactured, transports, ships, sells or
disposes of any machine gun without being registered or licensed to do
so as provided in chapter 58 is guilty of a crime of the third degree.
b.Sawed-off
shotguns. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any sawed-off shotgun is guilty
of a crime of the third degree.
c.Firearm
silencers. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any firearm silencer is guilty
of a crime of the fourth degree.
d.Weapons.
Any person who manufactures, causes to be manufactured, transports,
ships, sells or disposes of any weapon, including gravity knives,
switchblade knives, ballistic knives, daggers, dirks, stilettos,
billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or
similar leather bands studded with metal filings, or, except as
otherwise provided in subsection i. of this section, in the case of
firearms if he is not licensed or registered to do so as provided in
chapter 58, is guilty of a crime of the fourth degree. Any person who
manufactures, causes to be manufactured, transports, ships, sells or
disposes of any weapon or other device which projects, releases or emits
tear gas or other substances intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise
dispensed in the air, which is intended to be used for any purpose other
than for authorized military or law enforcement purposes by duly
authorized military or law enforcement personnel or the device is for
the purpose of personal self-defense, is pocket-sized and contains not
more than three-quarters of an ounce of chemical substance not
ordinarily capable of lethal use or of inflicting serious bodily injury,
or other than to be used by any person permitted to possess such weapon
or device under the provisions of subsection d. of N.J.S.2C:39-5, which
is intended for use by financial and other business institutions as
part of an integrated security system, placed at fixed locations, for
the protection of money and property, by the duly authorized personnel
of those institutions, is guilty of a crime of the fourth degree.
e.Defaced
firearms. Any person who defaces any firearm is guilty of a crime of
the third degree. Any person who knowingly buys, receives, disposes of
or conceals a defaced firearm, except an antique firearm or an antique
handgun, is guilty of a crime of the fourth degree.
f.
(1) Any person who manufactures, causes to be manufactured, transports,
ships, sells, or disposes of any bullet, which is primarily designed
for use in a handgun, and which 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 is
therefore capable of breaching or penetrating body armor and which is
intended to be used for any purpose other than for authorized military
or law enforcement purposes by duly authorized military or law
enforcement personnel, is guilty of a crime of the fourth degree.
(2)Nothing
in this subsection shall be construed to prevent a licensed collector
of ammunition as defined in paragraph (2) of subsection f. of
N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of
this subsection from (a) any licensed retail or wholesale firearms
dealers place of business to the collectors dwelling, premises, or other
land owned or possessed by him, or (b) to or from the collectors
dwelling, premises or other land owned or possessed by him to any gun
show for the purposes of display, sale, trade, or transfer between
collectors, or (c) to or from the collectors dwelling, premises or other
land owned or possessed by him to any rifle or pistol club organized in
accordance with the rules prescribed by the National Board for the
Promotion of Rifle Practice; provided that the club has filed a copy of
its charter with the superintendent of the State Police and annually
submits a list of its members to the superintendent, and provided
further that the ammunition being transported shall be carried not
loaded in any firearm and contained in a closed and fastened case, gun
box, or locked in the trunk of the automobile in which it is being
transported, and the course of travel shall include only such deviations
as are reasonably necessary under the circumstances.
g.Assault
firearms. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of an assault firearm without being
registered or licensed to do so pursuant to N.J.S.2C:58-1 et seq. is
guilty of a crime of the third degree.
h.Large
capacity ammunition magazines. Any person who manufactures, causes to
be manufactured, transports, ships, sells or disposes of a large
capacity ammunition magazine which is intended to be used for any
purpose other than for authorized military or law enforcement purposes
by duly authorized military or law enforcement personnel is guilty of a
crime of the fourth degree.
i.Transporting
firearms into this State for an unlawful sale or transfer. Any person
who knowingly transports, ships or otherwise brings into this State any
firearm for the purpose of unlawfully selling, transferring, giving,
assigning or otherwise disposing of that firearm to another individual
is guilty of a crime of the second degree. The temporary transfer of a
firearm while hunting or target shooting, the transfer of any firearm
that uses air or carbon dioxide to expel a projectile, or the transfer
of an antique firearm shall not constitute a violation of this
subsection.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500
(1)Members
of the Armed Forces of the United States or of the National Guard while
actually on duty, or while traveling between places of duty and
carrying authorized weapons in the manner prescribed by the appropriate
military authorities;(2)Federal
law enforcement officers, and any other federal officers and employees
required to carry firearms in the performance of their official duties;(3)Members
of the State Police and, under conditions prescribed by the
superintendent, members of the Marine Law Enforcement Bureau of the
Division of State Police;(4)A
sheriff, undersheriff, sheriffs officer, county prosecutor, assistant
prosecutor, prosecutors detective or investigator, deputy attorney
general or State investigator employed by the Division of Criminal
Justice of the Department of Law and Public Safety, investigator
employed by the State Commission of Investigation, inspector of the
Alcoholic Beverage Control Enforcement Bureau of the Division of State
Police in the Department of Law and Public Safety authorized to carry
such weapons by the Superintendent of State Police, State park police
officer, or State conservation officer;(5)Except
as hereinafter provided, a prison or jail warden of any penal
institution in this State or his deputies, or an employee of the
Department of Corrections engaged in the interstate transportation of
convicted offenders, while in the performance of his duties, and when
required to possess the weapon by his superior officer, or a corrections
officer or keeper of a penal institution in this State at all times
while in the State of New Jersey, provided he annually passes an
examination approved by the superintendent testing his proficiency in
the handling of firearms;(6)A
civilian employee of the United States Government under the supervision
of the commanding officer of any post, camp, station, base or other
military or naval installation located in this State who is required, in
the performance of his official duties, to carry firearms, and who is
authorized to carry such firearms by said commanding officer, while in
the actual performance of his official duties;(7)
(a) A regularly employed member, including a detective, of the police
department of any county or municipality, or of any State, interstate,
municipal or county park police force or boulevard police force, at all
times while in the State of New Jersey;(b)A
special law enforcement officer authorized to carry a weapon as
provided in subsection b. of section 7 of P.L.1985, c.439
(C.40A:14-146.14);(c)An
airport security officer or a special law enforcement officer appointed
by the governing body of any county or municipality, except as provided
in subsection (b) of this section, or by the commission, board or other
body having control of a county park or airport or boulevard police
force, while engaged in the actual performance of his official duties
and when specifically authorized by the governing body to carry weapons;(8)A
full-time, paid member of a paid or part-paid fire department or force
of any municipality who is assigned full-time or part-time to an arson
investigation unit created pursuant to section 1 of P.L.1981, c.409
(C.40A:14-7.1) or to the county arson investigation unit in the county
prosecutors office, while either engaged in the actual performance of
arson investigation duties or while actually on call to perform arson
investigation duties and when specifically authorized by the governing
body or the county prosecutor, as the case may be, to carry weapons.
Prior to being permitted to carry a firearm, such a member shall take
and successfully complete a firearms training course administered by the
Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et
seq.), and shall annually qualify in the use of a revolver or similar
weapon prior to being permitted to carry a firearm;(9)A
juvenile corrections officer in the employment of the Juvenile Justice
Commission established pursuant to section 2 of P.L.1995, c.284
(C.52:17B-170) subject to the regulations promulgated by the commission;(10)
A designated employee or designated licensed agent for a nuclear power
plant under license of the Nuclear Regulatory Commission, while in the
actual performance of his official duties, if the federal licensee
certifies that the designated employee or designated licensed agent is
assigned to perform site protection, guard, armed response or armed
escort duties and is appropriately trained and qualified, as prescribed
by federal regulation, to perform those duties. Any firearm utilized by
an employee or agent for a nuclear power plant pursuant to this
paragraph shall be returned each day at the end of the employees or
agents authorized official duties to the employees or agents supervisor.
All firearms returned each day pursuant to this paragraph shall be
stored in locked containers located in a secure area;(11)
A county corrections officer at all times while in the State of New
Jersey, provided he annually passes an examination approved by the
superintendent testing his proficiency in the handling of firearms.b.Subsections a., b. and c. of N.J.S.2C:39-5 do not apply to:(1)A
law enforcement officer employed by a governmental agency outside of
the State of New Jersey while actually engaged in his official duties,
provided, however, that he has first notified the superintendent or the
chief law enforcement officer of the municipality or the prosecutor of
the county in which he is engaged; or(2)A
licensed dealer in firearms and his registered employees during the
course of their normal business while traveling to and from their place
of business and other places for the purpose of demonstration,
exhibition or delivery in connection with a sale, provided, however,
that the weapon is carried in the manner specified in subsection g. of
this section.c.Provided
a person complies with the requirements of subsection j. of this
section, subsections b. and c. of N.J.S.2C:39-5 do not apply to:(1)A
special agent of the Division of Taxation who has passed an examination
in an approved police training program testing proficiency in the
handling of any firearm which he may be required to carry, while in the
actual performance of his official duties and while going to or from his
place of duty, or any other police officer, while in the actual
performance of his official duties;(2)A
State deputy conservation officer or a full-time employee of the
Division of Parks and Forestry having the power of arrest and authorized
to carry weapons, while in the actual performance of his official
duties;(3)(Deleted by amendment, P.L.1986, c.150.)(4)A
court attendant serving as such under appointment by the sheriff of the
county or by the judge of any municipal court or other court of this
State, while in the actual performance of his official duties;(5)A
guard in the employ of any railway express company, banking or building
and loan or savings and loan institution of this State, while in the
actual performance of his official duties;(6)A
member of a legally recognized military organization while actually
under orders or while going to or from the prescribed place of meeting
and carrying the weapons prescribed for drill, exercise or parade;(7)A
humane law enforcement officer of the New Jersey Society for the
Prevention of Cruelty to Animals or of a county society for the
prevention of cruelty to animals, while in the actual performance of his
duties;(8)An employee of a public utilities corporation actually engaged in the transportation of explosives;(9)A
railway policeman, except a transit police officer of the New Jersey
Transit Police Department, at all times while in the State of New
Jersey, provided that he has passed an approved police academy training
program consisting of at least 280 hours. The training program shall
include, but need not be limited to, the handling of firearms, community
relations, and juvenile relations;(10)
A campus police officer appointed under P.L.1970, c.211 (C.18A:6-4.2 et
seq.) at all times. Prior to being permitted to carry a firearm, a
campus police officer shall take and successfully complete a firearms
training course administered by the Police Training Commission, pursuant
to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in
the use of a revolver or similar weapon prior to being permitted to
carry a firearm;(11) (Deleted by amendment, P.L.2003, c.168).(12)
A transit police officer of the New Jersey Transit Police Department,
at all times while in the State of New Jersey, provided the officer has
satisfied the training requirements of the Police Training Commission,
pursuant to subsection c. of section 2 of P.L.1989, c.291
(C.27:25-15.1);(13)
A parole officer employed by the State Parole Board at all times. Prior
to being permitted to carry a firearm, a parole officer shall take and
successfully complete a basic course for regular police officer training
administered by the Police Training Commission, pursuant to P.L.1961,
c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a
revolver or similar weapon prior to being permitted to carry a firearm;(14)
A Human Services police officer at all times while in the State of New
Jersey, as authorized by the Commissioner of Human Services;(15)
A person or employee of any person who, pursuant to and as required by a
contract with a governmental entity, supervises or transports persons
charged with or convicted of an offense;(16)
A housing authority police officer appointed under P.L.1997, c.210
(C.40A:14-146.19 et al.) at all times while in the State of New Jersey;
or(17)
A probation officer assigned to the Probation Officer Community Safety
Unit created by section 2 of P.L.2001, c.362 (C.2B:10A-2) while in the
actual performance of the probation officers official duties. Prior to
being permitted to carry a firearm, a probation officer shall take and
successfully complete a basic course for regular police officer training
administered by the Police Training Commission, pursuant to P.L.1961,
c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a
revolver or similar weapon prior to being permitted to carry a firearm.d.
(1) Subsections c. and d. of N.J.S.2C:39-5 do not apply to antique
firearms, provided that such antique firearms are unloaded or are being
fired for the purposes of exhibition or demonstration at an authorized
target range or in such other manner as has been approved in writing by
the chief law enforcement officer of the municipality in which the
exhibition or demonstration is held, or if not held on property under
the control of a particular municipality, the superintendent.(2)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
an antique cannon that is capable of being fired but that is unloaded
and immobile, provided that the antique cannon is possessed by (a) a
scholastic institution, a museum, a municipality, a county or the State,
or (b) a person who obtained a firearms purchaser identification card
as specified in N.J.S.2C:58-3.(3)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
an unloaded antique cannon that is being transported by one eligible to
possess it, in compliance with regulations the superintendent may
promulgate, between its permanent location and place of purchase or
repair.(4)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
antique cannons that are being loaded or fired by one eligible to
possess an antique cannon, for purposes of exhibition or demonstration
at an authorized target range or in the manner as has been approved in
writing by the chief law enforcement officer of the municipality in
which the exhibition or demonstration is held, or if not held on
property under the control of a particular municipality, the
superintendent, provided that performer has given at least 30 days
notice to the superintendent.(5)Subsection
a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to
the transportation of unloaded antique cannons directly to or from
exhibitions or demonstrations authorized under paragraph (4) of
subsection d. of this section, provided that the transportation is in
compliance with safety regulations the superintendent may promulgate.
Nor do those subsections apply to transportation directly to or from
exhibitions or demonstrations authorized under the law of another
jurisdiction, provided that the superintendent has been given 30 days
notice and that the transportation is in compliance with safety
regulations the superintendent may promulgate.e.Nothing
in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to
prevent a person keeping or carrying about his place of business,
residence, premises or other land owned or possessed by him, any
firearm, or from carrying the same, in the manner specified in
subsection g. of this section, from any place of purchase to his
residence or place of business, between his dwelling and his place of
business, between one place of business or residence and another when
moving, or between his dwelling or place of business and place where
such firearms are repaired, for the purpose of repair. For the purposes
of this section, a place of business shall be deemed to be a fixed
location.f.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:(1)A
member of any rifle or pistol club organized in accordance with the
rules prescribed by the National Board for the Promotion of Rifle
Practice, in going to or from a place of target practice, carrying such
firearms as are necessary for said target practice, provided that the
club has filed a copy of its charter with the superintendent and
annually submits a list of its members to the superintendent and
provided further that the firearms are carried in the manner specified
in subsection g. of this section;(2)A
person carrying a firearm or knife in the woods or fields or upon the
waters of this State for the purpose of hunting, target practice or
fishing, provided that the firearm or knife is legal and appropriate for
hunting or fishing purposes in this State and he has in his possession a
valid hunting license, or, with respect to fresh water fishing, a valid
fishing license;(3)A person transporting any firearm or knife while traveling:(a)Directly
to or from any place for the purpose of hunting or fishing, provided
the person has in his possession a valid hunting or fishing license; or(b)Directly
to or from any target range, or other authorized place for the purpose
of practice, match, target, trap or skeet shooting exhibitions, provided
in all cases that during the course of the travel all firearms are
carried in the manner specified in subsection g. of this section and the
person has complied with all the provisions and requirements of Title
23 of the Revised Statutes and any amendments thereto and all rules and
regulations promulgated thereunder; or(c)In
the case of a firearm, directly to or from any exhibition or display of
firearms which is sponsored by any law enforcement agency, any rifle or
pistol club, or any firearms collectors club, for the purpose of
displaying the firearms to the public or to the members of the
organization or club, provided, however, that not less than 30 days
prior to the exhibition or display, notice of the exhibition or display
shall be given to the Superintendent of the State Police by the
sponsoring organization or club, and the sponsor has complied with such
reasonable safety regulations as the superintendent may promulgate. Any
firearms transported pursuant to this section shall be transported in
the manner specified in subsection g. of this section;(4)A
person from keeping or carrying about a private or commercial aircraft
or any boat, or from transporting to or from such vessel for the purpose
of installation or repair a visual distress signaling device approved
by the United States Coast Guard.g.All
weapons being transported under paragraph (2) of subsection b.,
subsection e., or paragraph (1) or (3) of subsection f. of this section
shall be carried unloaded and contained in a closed and fastened case,
gunbox, securely tied package, or locked in the trunk of the automobile
in which it is being transported, and in the course of travel shall
include only such deviations as are reasonably necessary under the
circumstances.h.Nothing
in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any
employee of a public utility, as defined in R.S.48:2-13, doing business
in this State or any United States Postal Service employee, while in the
actual performance of duties which specifically require regular and
frequent visits to private premises, from possessing, carrying or using
any device which projects, releases or emits any substance specified as
being noninjurious to canines or other animals by the Commissioner of
Health and Senior Services and which immobilizes only on a temporary
basis and produces only temporary physical discomfort through being
vaporized or otherwise dispensed in the air for the sole purpose of
repelling canine or other animal attacks.The
device shall be used solely to repel only those canine or other animal
attacks when the canines or other animals are not restrained in a
fashion sufficient to allow the employee to properly perform his duties.Any
device used pursuant to this act shall be selected from a list of
products, which consist of active and inert ingredients, permitted by
the Commissioner of Health and Senior Services.i.Nothing
in N.J.S.2C:39-5 shall be construed to prevent any person who is 18
years of age or older and who has not been convicted of a felony, from
possession for the purpose of personal self-defense of one pocket-sized
device which contains and releases not more than three-quarters of an
ounce of chemical substance not ordinarily capable of lethal use or of
inflicting serious bodily injury, but rather, is intended to produce
temporary physical discomfort or disability through being vaporized or
otherwise dispensed in the air. Any person in possession of any device
in violation of this subsection shall be deemed and adjudged to be a
disorderly person, and upon conviction thereof, shall be punished by a
fine of not less than $100.00.j.A
person shall qualify for an exemption from the provisions of
N.J.S.2C:39-5, as specified under subsections a. and c. of this section,
if the person has satisfactorily completed a firearms training course
approved by the Police Training Commission.Such
exempt person shall not possess or carry a firearm until the person has
satisfactorily completed a firearms training course and shall annually
qualify in the use of a revolver or similar weapon. For purposes of this
subsection, a firearms training course means a course of instruction in
the safe use, maintenance and storage of firearms which is approved by
the Police Training Commission. The commission shall approve a firearms
training course if the requirements of the course are substantially
equivalent to the requirements for firearms training provided by police
training courses which are certified under section 6 of P.L.1961, c.56
(C.52:17B-71). A person who is specified in paragraph (1), (2), (3) or
(6) of subsection a. of this section shall be exempt from the
requirements of this subsection.k.Nothing
in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any
financial institution, or any duly authorized personnel of the
institution, from possessing, carrying or using for the protection of
money or property, any device which projects, releases or emits tear gas
or other substances intended to produce temporary physical discomfort
or temporary identification.l.Nothing
in subsection b. of N.J.S.2C:39-5 shall be construed to prevent a law
enforcement officer who retired in good standing, including a retirement
because of a disability pursuant to section 6 of P.L.1944, c.255
(C.43:16A-6), section 7 of P.L.1944, c.255 (C.43:16A-7), section 1 of
P.L.1989, c.103 (C.43:16A-6.1) or any substantially similar statute
governing the disability retirement of federal law enforcement officers,
provided the officer was a regularly employed, full-time law
enforcement officer for an aggregate of four or more years prior to his
disability retirement and further provided that the disability which
constituted the basis for the officers retirement did not involve a
certification that the officer was mentally incapacitated for the
performance of his usual law enforcement duties and any other available
duty in the department which his employer was willing to assign to him
or does not subject that retired officer to any of the disabilities set
forth in subsection c. of N.J.S.2C:58-3 which would disqualify the
retired officer from possessing or carrying a firearm, who semi-annually
qualifies in the use of the handgun he is permitted to carry in
accordance with the requirements and procedures established by the
Attorney General pursuant to subsection j. of this section and pays the
actual costs associated with those semi-annual qualifications, who is 75
years of age or younger, and who was regularly employed as a full-time
member of the State Police; a full-time member of an interstate police
force; a full-time member of a county or municipal police department in
this State; a full-time member of a State law enforcement agency; a
full-time sheriff, undersheriff or sheriffs officer of a county of this
State; a full-time State or county corrections officer; a full-time
county park police officer; a full-time county prosecutors detective or
investigator; a full-time federal law enforcement officer; or is a
qualified retired law enforcement officer, as used in the federal Law
Enforcement Officers Safety Act of 2004, Pub.L. 108-277, domiciled in
this State from carrying a handgun in the same manner as law enforcement
officers exempted under paragraph (7) of subsection a. of this section
under the conditions provided herein:(1)The
retired law enforcement officer shall make application in writing to
the Superintendent of State Police for approval to carry a handgun for
one year. An application for annual renewal shall be submitted in the
same manner.(2)Upon
receipt of the written application of the retired law enforcement
officer, the superintendent shall request a verification of service from
the chief law enforcement officer of the organization in which the
retired officer was last regularly employed as a full-time law
enforcement officer prior to retiring. The verification of service shall
include:(a)The name and address of the retired officer;(b)The date that the retired officer was hired and the date that the officer retired;(c)A list of all handguns known to be registered to that officer;(d)A
statement that, to the reasonable knowledge of the chief law
enforcement officer, the retired officer is not subject to any of the
restrictions set forth in subsection c. of N.J.S.2C:58-3; and(e)A statement that the officer retired in good standing.(3)If
the superintendent approves a retired officers application or
reapplication to carry a handgun pursuant to the provisions of this
subsection, the superintendent shall notify in writing the chief law
enforcement officer of the municipality wherein that retired officer
resides. In the event the retired officer resides in a municipality
which has no chief law enforcement officer or law enforcement agency,
the superintendent shall maintain a record of the approval.(4)The
superintendent shall issue to an approved retired officer an
identification card permitting the retired officer to carry a handgun
pursuant to this subsection. This identification card shall be valid for
one year from the date of issuance and shall be valid throughout the
State. The identification card shall not be transferable to any other
person. The identification card shall be carried at all times on the
person of the retired officer while the retired officer is carrying a
handgun. The retired officer shall produce the identification card for
review on the demand of any law enforcement officer or authority.(5)Any
person aggrieved by the denial of the superintendent of approval for a
permit to carry a handgun pursuant to this subsection may request a
hearing in the Superior Court of New Jersey in the county in which he
resides by filing a written request for such a hearing within 30 days of
the denial. Copies of the request shall be served upon the
superintendent and the county prosecutor. The hearing shall be held
within 30 days of the filing of the request, and no formal pleading or
filing fee shall be required. Appeals from the determination of such a
hearing shall be in accordance with law and the rules governing the
courts of this State.(6)A
judge of the Superior Court may revoke a retired officers privilege to
carry a handgun pursuant to this subsection for good cause shown on the
application of any interested person. A person who becomes subject to
any of the disabilities set forth in subsection c. of N.J.S.2C:58-3
shall surrender, as prescribed by the superintendent, his identification
card issued under paragraph (4) of this subsection to the chief law
enforcement officer of the municipality wherein he resides or the
superintendent, and shall be permanently disqualified to carry a handgun
under this subsection.(7)The
superintendent may charge a reasonable application fee to retired
officers to offset any costs associated with administering the
application process set forth in this subsection.m.Nothing
in subsection d. of N.J.S.2C:39-5 shall be construed to prevent duly
authorized personnel of the New Jersey Division of Fish and Wildlife,
while in the actual performance of duties, from possessing, transporting
or using any device that projects, releases or emits any substance
specified as being non-injurious to wildlife by the Director of the
Division of Animal Health in the Department of Agriculture, and which
may immobilize wildlife and produces only temporary physical discomfort
through being vaporized or otherwise dispensed in the air for the
purpose of repelling bear or other animal attacks or for the aversive
conditioning of wildlife.n.Nothing
in subsection b., c., d. or e. of N.J.S.2C:39-5 shall be construed to
prevent duly authorized personnel of the New Jersey Division of Fish and
Wildlife, while in the actual performance of duties, from possessing,
transporting or using hand held pistol-like devices, rifles or shotguns
that launch pyrotechnic missiles for the sole purpose of frightening,
hazing or aversive conditioning of nuisance or depredating wildlife;
from possessing, transporting or using rifles, pistols or similar
devices for the sole purpose of chemically immobilizing wild or
non-domestic animals; or, provided the duly authorized person complies
with the requirements of subsection j. of this section, from possessing,
transporting or using rifles or shotguns, upon completion of a Police
Training Commission approved training course, in order to dispatch
injured or dangerous animals or for non-lethal use for the purpose of
frightening, hazing or aversive conditioning of nuisance or depredating
wildlife.Amended
1979, c.179, s.5; 1979, c.332, s.8; 1981, c.108, s.1; 1981, c.219, s.1;
1981, c.294, s.1; 1981, c.409, s.2; 1981, c.480, s.1; 1981, c.511, s.4;
1982, c.154, s.1; 1982, c.173, s.1; 1983, c.479, s.3; 1983, c.552;
1985, c.76, s.8; 1985, c.150, s.1; 1985, c.324, s.1 (s.3 eff. date
amended 1986, c.64); 1985, c.376, s.1; 1985, c.439, s.13,(s.15 eff. date
amended 1986, c.2); 1986, c.150, ss.7,8; 1987, c.139; 1987, c.172;
1989, c.291, s.4; 1991, c.327, s.2; 1991, c.386, s.3; 1992, c.94, s.2;
1993, c.246, s.2; 1995, c.273, s.2; 1995, c.280, s.21; 1997, c.67, s.1;
1997, c.210, s.6; 1997, c.393; 2001, c.79, s.15; 2001, c.362, s.4; 2003,
c.168, s.2; 2005, c.216, s.1; 2005, c.372, s.14; 2007, c.313; 2007,
c.314.2C:39-7 Certain persons not to have weapons.6.Certain Persons Not to Have Weapons.a.Except
as provided in subsection b. of this section, any person, having been
convicted in this State or elsewhere of the crime of aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault, bias intimidation in
violation of N.J.S.2C:16-1 or endangering the welfare of a child
pursuant to N.J.S.2C:24-4, whether or not armed with or having in his
possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or
any person convicted of a crime pursuant to the provisions of
N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has
ever been committed for a mental disorder to any hospital, mental
institution or sanitarium unless he possesses a certificate of a medical
doctor or psychiatrist licensed to practice in New Jersey or other
satisfactory proof that he is no longer suffering from a mental disorder
which interferes with or handicaps him in the handling of a firearm, or
any person who has been convicted of other than a disorderly persons or
petty disorderly persons offense for the unlawful use, possession or
sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who
purchases, owns, possesses or controls any of the said weapons is
guilty of a crime of the fourth degree.b.
(1) A person having been convicted in this State or elsewhere of the
crime of aggravated assault, arson, burglary, escape, extortion,
homicide, kidnapping, robbery, aggravated sexual assault, sexual
assault, bias intimidation in violation of N.J.S.2C:16-1, endangering
the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant to
P.L.1992, c.209 (C.2C:12-10) or a crime involving domestic violence as
defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not
armed with or having in his possession a weapon enumerated in subsection
r. of N.J.S.2C:39-1, or a person having been convicted of a crime
pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6,
inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11;
N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns,
possesses or controls a firearm is guilty of a crime of the second
degree and upon conviction thereof, the person shall be sentenced to a
term of imprisonment by the court. The term of imprisonment shall
include the imposition of a minimum term, which shall be fixed at five
years, during which the defendant shall be ineligible for parole. If the
defendant is sentenced to an extended term of imprisonment pursuant to
N.J.S.2C:43-7, the extended term of imprisonment shall include the
imposition of a minimum term, which shall be fixed at, or between,
one-third and one-half of the sentence imposed by the court or five
years, whichever is greater, during which the defendant shall be
ineligible for parole.(2)A
person having been convicted in this State or elsewhere of a disorderly
persons offense involving domestic violence, whether or not armed with
or having in his possession a weapon enumerated in subsection r. of
N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is
guilty of a crime of the third degree.(3)A
person whose firearm is seized pursuant to the Prevention of Domestic
Violence Act of 1991, P.L.1991,c.261 (C.2C:25-17 et seq.) and whose
firearm has not been returned, or who is subject to a court order
prohibiting the possession of firearms issued pursuant to the Prevention
of Domestic Violence Act of 1991, P.L.1991,c.261 (C.2C:25-17 et seq.)
who purchases, owns, possesses or controls a firearm is guilty of a
crime of the third degree, except that the provisions of this paragraph
shall not apply to any law enforcement officer while actually on duty,
or to any member of the Armed Forces of the United States or member of
the National Guard while actually on duty or traveling to or from an
authorized place of duty.c.Whenever
any person shall have been convicted in another state, territory,
commonwealth or other jurisdiction of the United States, or any country
in the world, in a court of competent jurisdiction, of a crime which in
said other jurisdiction or country is comparable to one of the crimes
enumerated in subsection a. or b. of this section, then that person
shall be subject to the provisions of this section.L.1979,c.179,s.6; 1987, c.106, s.6, 1991, c.436; 1992, c.74, s.3; 1995, c.114; 2001, c.216; 2001, c.443, s.5; 2003, c.277, s.3.2C:39-9 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.2C:39-9.
Manufacture, Transport, Disposition and Defacement of Weapons and
Dangerous Instruments and Appliances. a. Machine guns. Any person who
manufactures, causes to be manufactured, transports, ships, sells or
disposes of any machine gun without being registered or licensed to do
so as provided in chapter 58 is guilty of a crime of the third degree.b.Sawed-off
shotguns. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any sawed-off shotgun is guilty
of a crime of the third degree.c.Firearm
silencers. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of any firearm silencer is guilty
of a crime of the fourth degree.d.Weapons.
Any person who manufactures, causes to be manufactured, transports,
ships, sells or disposes of any weapon, including gravity knives,
switchblade knives, ballistic knives, daggers, dirks, stilettos,
billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or
similar leather bands studded with metal filings, or, except as
otherwise provided in subsection i. of this section, in the case of
firearms if he is not licensed or registered to do so as provided in
chapter 58, is guilty of a crime of the fourth degree. Any person who
manufactures, causes to be manufactured, transports, ships, sells or
disposes of any weapon or other device which projects, releases or emits
tear gas or other substances intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise
dispensed in the air, which is intended to be used for any purpose other
than for authorized military or law enforcement purposes by duly
authorized military or law enforcement personnel or the device is for
the purpose of personal self-defense, is pocket-sized and contains not
more than three-quarters of an ounce of chemical substance not
ordinarily capable of lethal use or of inflicting serious bodily injury,
or other than to be used by any person permitted to possess such weapon
or device under the provisions of subsection d. of N.J.S.2C:39-5, which
is intended for use by financial and other business institutions as
part of an integrated security system, placed at fixed locations, for
the protection of money and property, by the duly authorized personnel
of those institutions, is guilty of a crime of the fourth degree.e.Defaced
firearms. Any person who defaces any firearm is guilty of a crime of
the third degree. Any person who knowingly buys, receives, disposes of
or conceals a defaced firearm, except an antique firearm or an antique
handgun, is guilty of a crime of the fourth degree.f.
(1) Any person who manufactures, causes to be manufactured, transports,
ships, sells, or disposes of any bullet, which is primarily designed
for use in a handgun, and which 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 is
therefore capable of breaching or penetrating body armor and which is
intended to be used for any purpose other than for authorized military
or law enforcement purposes by duly authorized military or law
enforcement personnel, is guilty of a crime of the fourth degree.(2)Nothing
in this subsection shall be construed to prevent a licensed collector
of ammunition as defined in paragraph (2) of subsection f. of
N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of
this subsection from (a) any licensed retail or wholesale firearms
dealers place of business to the collectors dwelling, premises, or other
land owned or possessed by him, or (b) to or from the collectors
dwelling, premises or other land owned or possessed by him to any gun
show for the purposes of display, sale, trade, or transfer between
collectors, or (c) to or from the collectors dwelling, premises or other
land owned or possessed by him to any rifle or pistol club organized in
accordance with the rules prescribed by the National Board for the
Promotion of Rifle Practice; provided that the club has filed a copy of
its charter with the superintendent of the State Police and annually
submits a list of its members to the superintendent, and provided
further that the ammunition being transported shall be carried not
loaded in any firearm and contained in a closed and fastened case, gun
box, or locked in the trunk of the automobile in which it is being
transported, and the course of travel shall include only such deviations
as are reasonably necessary under the circumstances.g.Assault
firearms. Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of an assault firearm without being
registered or licensed to do so pursuant to N.J.S.2C:58-1 et seq. is
guilty of a crime of the third degree.h.Large
capacity ammunition magazines. Any person who manufactures, causes to
be manufactured, transports, ships, sells or disposes of a large
capacity ammunition magazine which is intended to be used for any
purpose other than for authorized military or law enforcement purposes
by duly authorized military or law enforcement personnel is guilty of a
crime of the fourth degree.i.Transporting
firearms into this State for an unlawful sale or transfer. Any person
who knowingly transports, ships or otherwise brings into this State any
firearm for the purpose of unlawfully selling, transferring, giving,
assigning or otherwise disposing of that firearm to another individual
is guilty of a crime of the second degree. The temporary transfer of a
firearm while hunting or target shooting, the transfer of any firearm
that uses air or carbon dioxide to expel a projectile, or the transfer
of an antique firearm shall not constitute a violation of this
subsection.Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500
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