New Jersey criminal charge
Unlawful possession of weapons in New Jersey
Unlawful possession of weapons is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:39-5. 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:39-5.
What is the penalty for unlawful possession of weapons in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Machine guns — Knowing possession of a machine gun without a license.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Machine guns — Knowing possession of a machine gun without a license.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Handguns - general — Knowing possession of a handgun without a carry permit.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Handguns - general — Knowing possession of a handgun without a carry permit.; 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 (Handguns - air/spring/gas type — Possession of an air, spring, or gas-powered handgun capable of injuring a person, without permit.; 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 (Handguns - air/spring/gas type — Possession of an air, spring, or gas-powered handgun capable of injuring a person, without permit.; 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 (Rifles/shotguns - no purchaser ID card — Knowing possession of a rifle or shotgun without a firearms purchaser identification card.; 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 (Rifles/shotguns - no purchaser ID card — Knowing possession of a rifle or shotgun without a firearms purchaser identification card.; 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 (Rifles/shotguns - loaded — Knowing possession of a loaded rifle or shotgun, unless otherwise permitted by law.; 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 (Rifles/shotguns - loaded — Knowing possession of a loaded rifle or shotgun, unless otherwise permitted by law.; 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 (Other weapons — Knowing possession of any other weapon under circumstances not manifestly appropriate for lawful use.; 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 (Other weapons — Knowing possession of any other weapon under circumstances not manifestly appropriate for lawful use.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Firearm in educational institution — Possession of a firearm on school grounds without written authorization from the institution's governing officer.; 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 (Firearm in educational institution — Possession of a firearm on school grounds without written authorization from the institution's governing officer.; 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 (Enumerated weapon or component in educational institution — Possession of certain enumerated weapons, firearm components, or other inappropriate weapons on school grounds without authorization.; 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 (Enumerated weapon or component in educational institution — Possession of certain enumerated weapons, firearm components, or other inappropriate weapons on school grounds without authorization.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Assault firearms — Knowing possession of an assault firearm not licensed, registered, or rendered inoperable as specified.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Assault firearms — Knowing possession of an assault firearm not licensed, registered, or rendered inoperable as specified.; 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 unlawful possession of weapons classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Machine guns | Crime of the Second Degree | Knowing possession of a machine gun without a license. | N.J.S.A. 2C:39-5undefined |
| Handguns - general | Crime of the Second Degree | Knowing possession of a handgun without a carry permit. | N.J.S.A. 2C:39-5undefined |
| Handguns - air/spring/gas type | Crime of the Third Degree | Possession of an air, spring, or gas-powered handgun capable of injuring a person, without permit. | N.J.S.A. 2C:39-5undefined |
| Rifles/shotguns - no purchaser ID card | Crime of the Third Degree | Knowing possession of a rifle or shotgun without a firearms purchaser identification card. | N.J.S.A. 2C:39-5undefined |
| Rifles/shotguns - loaded | Crime of the Third Degree | Knowing possession of a loaded rifle or shotgun, unless otherwise permitted by law. | N.J.S.A. 2C:39-5undefined |
| Other weapons | Crime of the Fourth Degree | Knowing possession of any other weapon under circumstances not manifestly appropriate for lawful use. | N.J.S.A. 2C:39-5undefined |
| Firearm in educational institution | Crime of the Third Degree | Possession of a firearm on school grounds without written authorization from the institution's governing officer. | N.J.S.A. 2C:39-5undefined |
| Enumerated weapon or component in educational institution | Crime of the Fourth Degree | Possession of certain enumerated weapons, firearm components, or other inappropriate weapons on school grounds without authorization. | N.J.S.A. 2C:39-5undefined |
| Assault firearms | Crime of the Second Degree | Knowing possession of an assault firearm not licensed, registered, or rendered inoperable as specified. | N.J.S.A. 2C:39-5undefined |
Common questions about unlawful possession of weapons in New Jersey
What degree of offense is unlawful possession of weapons in New Jersey?
It depends on the circumstances: unlawful possession of weapons ranges from a Crime of the Fourth Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:39-5.
Machine guns: Crime of the Second Degree (N.J.S.A. 2C:39-5) · Handguns - general: Crime of the Second Degree (N.J.S.A. 2C:39-5) · Handguns - air/spring/gas type: Crime of the Third Degree (N.J.S.A. 2C:39-5) · Rifles/shotguns - no purchaser ID card: Crime of the Third Degree (N.J.S.A. 2C:39-5) · Rifles/shotguns - loaded: Crime of the Third Degree (N.J.S.A. 2C:39-5) · Other weapons: Crime of the Fourth Degree (N.J.S.A. 2C:39-5) · Firearm in educational institution: Crime of the Third Degree (N.J.S.A. 2C:39-5) · Enumerated weapon or component in educational institution: Crime of the Fourth Degree (N.J.S.A. 2C:39-5) · Assault firearms: Crime of the Second Degree (N.J.S.A. 2C:39-5)
What are the penalties for unlawful possession of weapons in New Jersey?
Penalties for unlawful possession of weapons 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 unlawful possession of weapons?
Unlawful possession of weapons is governed by N.J.S.A. 2C:39-5 (Unlawful possession of weapons).
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.