New Jersey criminal charge
Prohibited weapons and devices in New Jersey
Current through 2026 New Jersey legislative session
Prohibited weapons and devices is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:39-3. 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:39-3.
What is the penalty for prohibited weapons and devices in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Destructive devices — Knowing possession of any destructive device.; 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 $15,000 (Destructive devices — Knowing possession of any destructive device.; 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 (Sawed-off shotguns — Knowing possession of any sawed-off shotgun.; 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 $15,000 (Sawed-off shotguns — Knowing possession of any sawed-off shotgun.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Silencers — Knowing possession of any firearm silencer.; 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 $10,000 (Silencers — Knowing possession of any firearm silencer.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Defaced firearms — Knowing possession of a defaced firearm, excluding antique firearms/handguns.; 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 $10,000 (Defaced firearms — Knowing possession of a defaced firearm, excluding antique firearms/handguns.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Certain weapons (knives, blackjacks, etc.) — Knowing possession without explainable lawful purpose of gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, or ballistic knife.; 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 $10,000 (Certain weapons (knives, blackjacks, etc.) — Knowing possession without explainable lawful purpose of gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, or ballistic knife.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Dum-dum or armor piercing ammunition — Knowing possession of hollow nose/dum-dum bullets or armor piercing ammunition by persons not falling within specified exceptions.; 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 $10,000 (Dum-dum or armor piercing ammunition — Knowing possession of hollow nose/dum-dum bullets or armor piercing ammunition by persons not falling within specified exceptions.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Stun guns — Knowing possession of any stun gun.; 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 $10,000 (Stun guns — Knowing possession of any stun gun.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Large capacity ammunition magazine — Knowing possession of a large capacity ammunition magazine, unless the person has registered an assault firearm or a firearm with fixed/detachable magazine per specified statutes.; 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 $10,000 (Large capacity ammunition magazine — Knowing possession of a large capacity ammunition magazine, unless the person has registered an assault firearm or a firearm with fixed/detachable magazine per specified statutes.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (Handcuffs — Knowing possession of handcuffs under circumstances not manifestly appropriate for lawful use.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Handcuffs — Knowing possession of handcuffs under circumstances not manifestly appropriate for lawful use.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 3 years to 5 years (Bump stock or trigger crank — Knowing possession of a bump stock or trigger crank, regardless of possession of a firearm.; 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 $15,000 (Bump stock or trigger crank — Knowing possession of a bump stock or trigger crank, regardless of possession of 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 (Covert or undetectable firearms — Knowing possession of a covert firearm, undetectable firearm, or a firearm disguised in a container that obscures its shape.; 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 $15,000 (Covert or undetectable firearms — Knowing possession of a covert firearm, undetectable firearm, or a firearm disguised in a container that obscures its shape.; 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 (Firearms without a serial number — Knowing possession of a firearm assembled from a frame or receiver not imprinted with a registered serial number.; 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 $15,000 (Firearms without a serial number — Knowing possession of a firearm assembled from a frame or receiver not imprinted with a registered serial number.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Firearm digital instructions — An unlicensed/unregistered person knowingly possessing firearm digital instructions with intent to manufacture a firearm.; 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 $10,000 (Firearm digital instructions — An unlicensed/unregistered person knowingly possessing firearm digital instructions with intent to manufacture a firearm.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is prohibited weapons and devices classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Destructive devices | Crime of the Third Degree | Knowing possession of any destructive device. | N.J.S.A. 2C:39-3undefined |
| Sawed-off shotguns | Crime of the Third Degree | Knowing possession of any sawed-off shotgun. | N.J.S.A. 2C:39-3undefined |
| Silencers | Crime of the Fourth Degree | Knowing possession of any firearm silencer. | N.J.S.A. 2C:39-3undefined |
| Defaced firearms | Crime of the Fourth Degree | Knowing possession of a defaced firearm, excluding antique firearms/handguns. | N.J.S.A. 2C:39-3undefined |
| Certain weapons (knives, blackjacks, etc.) | Crime of the Fourth Degree | Knowing possession without explainable lawful purpose of gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, or ballistic knife. | N.J.S.A. 2C:39-3undefined |
| Dum-dum or armor piercing ammunition | Crime of the Fourth Degree | Knowing possession of hollow nose/dum-dum bullets or armor piercing ammunition by persons not falling within specified exceptions. | N.J.S.A. 2C:39-3undefined |
| Stun guns | Crime of the Fourth Degree | Knowing possession of any stun gun. | N.J.S.A. 2C:39-3undefined |
| Large capacity ammunition magazine | Crime of the Fourth Degree | Knowing possession of a large capacity ammunition magazine, unless the person has registered an assault firearm or a firearm with fixed/detachable magazine per specified statutes. | N.J.S.A. 2C:39-3undefined |
| Handcuffs | Disorderly Persons Offense | Knowing possession of handcuffs under circumstances not manifestly appropriate for lawful use. | N.J.S.A. 2C:39-3undefined |
| Bump stock or trigger crank | Crime of the Third Degree | Knowing possession of a bump stock or trigger crank, regardless of possession of a firearm. | N.J.S.A. 2C:39-3undefined |
| Covert or undetectable firearms | Crime of the Third Degree | Knowing possession of a covert firearm, undetectable firearm, or a firearm disguised in a container that obscures its shape. | N.J.S.A. 2C:39-3undefined |
| Firearms without a serial number | Crime of the Third Degree | Knowing possession of a firearm assembled from a frame or receiver not imprinted with a registered serial number. | N.J.S.A. 2C:39-3undefined |
| Firearm digital instructions | Crime of the Fourth Degree | An unlicensed/unregistered person knowingly possessing firearm digital instructions with intent to manufacture a firearm. | N.J.S.A. 2C:39-3undefined |
Common questions about prohibited weapons and devices in New Jersey
What degree of offense is prohibited weapons and devices in New Jersey?
It depends on the circumstances: prohibited weapons and devices ranges from a Disorderly Persons Offense to a Crime of the Third Degree in New Jersey under N.J.S.A. 2C:39-3.
Destructive devices: Crime of the Third Degree (N.J.S.A. 2C:39-3) · Sawed-off shotguns: Crime of the Third Degree (N.J.S.A. 2C:39-3) · Silencers: Crime of the Fourth Degree (N.J.S.A. 2C:39-3) · Defaced firearms: Crime of the Fourth Degree (N.J.S.A. 2C:39-3) · Certain weapons (knives, blackjacks, etc.): Crime of the Fourth Degree (N.J.S.A. 2C:39-3) · Dum-dum or armor piercing ammunition: Crime of the Fourth Degree (N.J.S.A. 2C:39-3) · Stun guns: Crime of the Fourth Degree (N.J.S.A. 2C:39-3) · Large capacity ammunition magazine: Crime of the Fourth Degree (N.J.S.A. 2C:39-3) · Handcuffs: Disorderly Persons Offense (N.J.S.A. 2C:39-3) · Bump stock or trigger crank: Crime of the Third Degree (N.J.S.A. 2C:39-3) · Covert or undetectable firearms: Crime of the Third Degree (N.J.S.A. 2C:39-3) · Firearms without a serial number: Crime of the Third Degree (N.J.S.A. 2C:39-3) · Firearm digital instructions: Crime of the Fourth Degree (N.J.S.A. 2C:39-3)
What are the penalties for prohibited weapons and devices in New Jersey?
Which New Jersey statute covers prohibited weapons and devices?
Prohibited weapons and devices is governed by N.J.S.A. 2C:39-3 (Prohibited weapons and devices).
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.