New jersey criminal charge
Violation of the regulatory provisions relating to firearms; false representation in applications in New jersey
Violation of the regulatory provisions relating to firearms; false representation in applications is a criminal offense under New jersey law, defined by N.J.S.A. 2C:39-10. 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:39-10.
What is the penalty for violation of the regulatory provisions relating to firearms; false representation in applications in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (no statutory minimum) (General regulatory violation (manufacturing, wholesaling, retailing, permits, licenses) — Knowing or reckless violation of the regulatory provisions relating to manufacturing/wholesaling, retailing, permits to purchase/carry, licenses to procure machine guns/assault firearms, or incendiary/tracer ammunition, other than acts punishable under specific other sections.; 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) (General regulatory violation (manufacturing, wholesaling, retailing, permits, licenses) — Knowing or reckless violation of the regulatory provisions relating to manufacturing/wholesaling, retailing, permits to purchase/carry, licenses to procure machine guns/assault firearms, or incendiary/tracer ammunition, other than acts punishable under specific other sections.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Licensed dealer sale/transfer to disqualified transferee — A licensed dealer sells/transfers a firearm to a person knowing or reasonably should knowing that person will dispose of it to a person disqualified from possessing firearms.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Licensed dealer sale/transfer to disqualified transferee — A licensed dealer sells/transfers a firearm to a person knowing or reasonably should knowing that person will dispose of it to a person disqualified from possessing firearms.; 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 (Disqualified person soliciting firearm acquisition — A person disqualified from possessing a firearm knowingly solicits or entices another to transfer a firearm to them under circumstances known to violate State or federal 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 15000 usd (no statutory minimum) (Disqualified person soliciting firearm acquisition — A person disqualified from possessing a firearm knowingly solicits or entices another to transfer a firearm to them under circumstances known to violate State or federal 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 | 3 years to 5 years (False information in firearms purchase applications — Giving false information or signing a fictitious name/address in applying for firearms purchaser ID cards, permits, or in completing required purchase instruments.; 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) (False information in firearms purchase applications — Giving false information or signing a fictitious name/address in applying for firearms purchaser ID cards, permits, or in completing required purchase instruments.; 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 (no statutory minimum) (False information in assault firearm registration/certification — Giving false information when registering an assault firearm or certifying that an assault firearm was rendered inoperable.; 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) (False information in assault firearm registration/certification — Giving false information when registering an assault firearm or certifying that an assault firearm was rendered inoperable.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Sale/transfer of firearm to person under 18 — Knowingly selling, giving, transferring, assigning, or disposing of a firearm to a person under the age of 18, absent statutory exception.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Sale/transfer of firearm to person under 18 — Knowingly selling, giving, transferring, assigning, or disposing of a firearm to a person under the age of 18, absent statutory exception.; 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 (Sale/transfer of handgun to person under 21 — Knowingly selling, giving, transferring, assigning, or disposing of a handgun to a person under the age of 21, absent statutory exception, unless the recipient is authorized under N.J.S.2C:39-6.; 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) (Sale/transfer of handgun to person under 21 — Knowingly selling, giving, transferring, assigning, or disposing of a handgun to a person under the age of 21, absent statutory exception, unless the recipient is authorized under N.J.S.2C:39-6.; 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 (False information/fraudulent conduct in exemption application for multiple handgun purchases — Knowingly giving false information or engaging in fraudulent conduct when applying for an exemption to purchase more than one handgun within a 30-day period.; 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) (False information/fraudulent conduct in exemption application for multiple handgun purchases — Knowingly giving false information or engaging in fraudulent conduct when applying for an exemption to purchase more than one handgun within a 30-day period.; 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 violation of the regulatory provisions relating to firearms; false representation in applications classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| General regulatory violation (manufacturing, wholesaling, retailing, permits, licenses) | crime of the fourth degree | Knowing or reckless violation of the regulatory provisions relating to manufacturing/wholesaling, retailing, permits to purchase/carry, licenses to procure machine guns/assault firearms, or incendiary/tracer ammunition, other than acts punishable under specific other sections. | N.J.S.A. 2C:39-10undefined |
| Licensed dealer sale/transfer to disqualified transferee | crime of the second degree | A licensed dealer sells/transfers a firearm to a person knowing or reasonably should knowing that person will dispose of it to a person disqualified from possessing firearms. | N.J.S.A. 2C:39-10undefined |
| Disqualified person soliciting firearm acquisition | crime of the third degree | A person disqualified from possessing a firearm knowingly solicits or entices another to transfer a firearm to them under circumstances known to violate State or federal law. | N.J.S.A. 2C:39-10undefined |
| False information in firearms purchase applications | crime of the third degree | Giving false information or signing a fictitious name/address in applying for firearms purchaser ID cards, permits, or in completing required purchase instruments. | N.J.S.A. 2C:39-10undefined |
| False information in assault firearm registration/certification | crime of the fourth degree | Giving false information when registering an assault firearm or certifying that an assault firearm was rendered inoperable. | N.J.S.A. 2C:39-10undefined |
| Sale/transfer of firearm to person under 18 | crime of the second degree | Knowingly selling, giving, transferring, assigning, or disposing of a firearm to a person under the age of 18, absent statutory exception. | N.J.S.A. 2C:39-10undefined |
| Sale/transfer of handgun to person under 21 | crime of the third degree | Knowingly selling, giving, transferring, assigning, or disposing of a handgun to a person under the age of 21, absent statutory exception, unless the recipient is authorized under N.J.S.2C:39-6. | N.J.S.A. 2C:39-10undefined |
| False information/fraudulent conduct in exemption application for multiple handgun purchases | crime of the third degree | Knowingly giving false information or engaging in fraudulent conduct when applying for an exemption to purchase more than one handgun within a 30-day period. | N.J.S.A. 2C:39-10undefined |
Common questions about violation of the regulatory provisions relating to firearms; false representation in applications in New jersey
What degree of offense is violation of the regulatory provisions relating to firearms; false representation in applications in New Jersey?
It depends on the circumstances: violation of the regulatory provisions relating to firearms; false representation in applications ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:39-10.
General regulatory violation (manufacturing, wholesaling, retailing, permits, licenses): crime of the fourth degree (N.J.S.A. 2C:39-10) · Licensed dealer sale/transfer to disqualified transferee: crime of the second degree (N.J.S.A. 2C:39-10) · Disqualified person soliciting firearm acquisition: crime of the third degree (N.J.S.A. 2C:39-10) · False information in firearms purchase applications: crime of the third degree (N.J.S.A. 2C:39-10) · False information in assault firearm registration/certification: crime of the fourth degree (N.J.S.A. 2C:39-10) · Sale/transfer of firearm to person under 18: crime of the second degree (N.J.S.A. 2C:39-10) · Sale/transfer of handgun to person under 21: crime of the third degree (N.J.S.A. 2C:39-10) · False information/fraudulent conduct in exemption application for multiple handgun purchases: crime of the third degree (N.J.S.A. 2C:39-10)
What are the penalties for violation of the regulatory provisions relating to firearms; false representation in applications in New Jersey?
Penalties for violation of the regulatory provisions relating to firearms; false representation in applications 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 violation of the regulatory provisions relating to firearms; false representation in applications?
Violation of the regulatory provisions relating to firearms; false representation in applications is governed by N.J.S.A. 2C:39-10 (Violation of the regulatory provisions relating to firearms; false representation in applications).
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.