New jersey criminal charge
Certain persons not to have weapons or ammunition in New jersey
Certain persons not to have weapons or ammunition is a criminal offense under New jersey law, defined by N.J.S.A. 2C:39-7. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:39-7.
What is the penalty for certain persons not to have weapons or ammunition in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (no statutory minimum) (Prior enumerated offense/CDS offense — weapons or ammunition — A person previously convicted of certain enumerated crimes, weapons offenses, mental commitment without certification, or unlawful use/possession/sale of a controlled dangerous substance (other than disorderly/petty disorderly offense) who purchases, owns, possesses or controls specified weapons or ammunition.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Prior enumerated offense/CDS offense — weapons or ammunition — A person previously convicted of certain enumerated crimes, weapons offenses, mental commitment without certification, or unlawful use/possession/sale of a controlled dangerous substance (other than disorderly/petty disorderly offense) who purchases, owns, possesses or controls specified weapons or ammunition.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Prior enumerated crime/domestic violence crime — firearm — A person previously convicted of certain enumerated violent/serious crimes, listed drug distribution offenses, or a crime/attempt/conspiracy involving domestic violence, who purchases, owns, possesses or controls a firearm.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Prior enumerated crime/domestic violence crime — firearm — A person previously convicted of certain enumerated violent/serious crimes, listed drug distribution offenses, or a crime/attempt/conspiracy involving domestic violence, who purchases, owns, possesses or controls a firearm.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Prior disorderly persons domestic violence offense — firearm or ammunition — A person previously convicted of a disorderly persons offense involving domestic violence who purchases, owns, possesses or controls a firearm or ammunition.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Prior disorderly persons domestic violence offense — firearm or ammunition — A person previously convicted of a disorderly persons offense involving domestic violence who purchases, owns, possesses or controls a firearm or ammunition.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Seized firearm / domestic violence restraining order — firearm or ammunition — A person whose firearm was seized under the domestic violence prevention act and not returned, or who is subject to a domestic violence firearms prohibition order, who purchases, owns, possesses or controls a firearm or ammunition.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Seized firearm / domestic violence restraining order — firearm or ammunition — A person whose firearm was seized under the domestic violence prevention act and not returned, or who is subject to a domestic violence firearms prohibition order, who purchases, owns, possesses or controls a firearm or ammunition.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Extreme Risk Protective Order — firearm or ammunition — A person subject to an Extreme Risk Protective Order under the Extreme Risk Protective Order Act of 2018 who purchases, acquires, owns, possesses, or controls a firearm or ammunition.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Extreme Risk Protective Order — firearm or ammunition — A person subject to an Extreme Risk Protective Order under the Extreme Risk Protective Order Act of 2018 who purchases, acquires, owns, possesses, or controls a firearm or ammunition.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is certain persons not to have weapons or ammunition classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Prior enumerated offense/CDS offense — weapons or ammunition | crime of the fourth degree | A person previously convicted of certain enumerated crimes, weapons offenses, mental commitment without certification, or unlawful use/possession/sale of a controlled dangerous substance (other than disorderly/petty disorderly offense) who purchases, owns, possesses or controls specified weapons or ammunition. | N.J.S.A. 2C:39-7undefined |
| Prior enumerated crime/domestic violence crime — firearm | crime of the second degree | A person previously convicted of certain enumerated violent/serious crimes, listed drug distribution offenses, or a crime/attempt/conspiracy involving domestic violence, who purchases, owns, possesses or controls a firearm. | N.J.S.A. 2C:39-7undefined |
| Prior disorderly persons domestic violence offense — firearm or ammunition | crime of the third degree | A person previously convicted of a disorderly persons offense involving domestic violence who purchases, owns, possesses or controls a firearm or ammunition. | N.J.S.A. 2C:39-7undefined |
| Seized firearm / domestic violence restraining order — firearm or ammunition | crime of the third degree | A person whose firearm was seized under the domestic violence prevention act and not returned, or who is subject to a domestic violence firearms prohibition order, who purchases, owns, possesses or controls a firearm or ammunition. | N.J.S.A. 2C:39-7undefined |
| Extreme Risk Protective Order — firearm or ammunition | crime of the third degree | A person subject to an Extreme Risk Protective Order under the Extreme Risk Protective Order Act of 2018 who purchases, acquires, owns, possesses, or controls a firearm or ammunition. | N.J.S.A. 2C:39-7undefined |
Common questions about certain persons not to have weapons or ammunition in New jersey
What degree of offense is certain persons not to have weapons or ammunition in New Jersey?
It depends on the circumstances: certain persons not to have weapons or ammunition ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:39-7.
Prior enumerated offense/CDS offense — weapons or ammunition: crime of the fourth degree (N.J.S.A. 2C:39-7) · Prior enumerated crime/domestic violence crime — firearm: crime of the second degree (N.J.S.A. 2C:39-7) · Prior disorderly persons domestic violence offense — firearm or ammunition: crime of the third degree (N.J.S.A. 2C:39-7) · Seized firearm / domestic violence restraining order — firearm or ammunition: crime of the third degree (N.J.S.A. 2C:39-7) · Extreme Risk Protective Order — firearm or ammunition: crime of the third degree (N.J.S.A. 2C:39-7)
What are the penalties for certain persons not to have weapons or ammunition in New Jersey?
Penalties for certain persons not to have weapons or ammunition in New Jersey depend on how it is classified — from a crime of the fourth degree up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers certain persons not to have weapons or ammunition?
Certain persons not to have weapons or ammunition is governed by N.J.S.A. 2C:39-7 (Certain persons not to have weapons or ammunition).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.