New Jersey statute

N.J.S.A. 2C:39-4 — Possession of weapons for unlawful purposes

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 39, New Jersey Statutes.

Criminal charges under this statute

Possession of weapons for unlawful purposes

Full text of N.J.S.A. 2C:39-4

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:39-4Primary source, current through the P.L.2025, c.346, and J.R.22

2C:39-4. Possession of weapons for unlawful purposes. a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. (2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, "community gun" means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another. b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree. e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree. Amended 1979, c.179, s.3; 1989, c.120, s.2; 2007, c.24.

Official sources

justia: N.J.S.A. 2C:39-4

Legal terms used in this section

Questions this section answers

What degree of offense is possession of weapons for unlawful purposes in New Jersey?

It depends on the circumstances: possession of weapons for unlawful purposes ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:39-4.

Firearm possessed for unlawful purpose: crime of the second degree (N.J.S.A. 2C:39-4) · Community gun possession/receipt/transfer: crime of the second degree (N.J.S.A. 2C:39-4) · Explosive substance possessed for unlawful purpose: crime of the second degree (N.J.S.A. 2C:39-4) · Destructive device possessed for unlawful purpose: crime of the second degree (N.J.S.A. 2C:39-4) · Other weapon (non-firearm) possessed for unlawful purpose: crime of the third degree (N.J.S.A. 2C:39-4) · Imitation firearm possessed under unlawful-purpose circumstances: crime of the fourth degree (N.J.S.A. 2C:39-4)

Which New Jersey statute covers possession of weapons for unlawful purposes?

Possession of weapons for unlawful purposes is governed by N.J.S.A. 2C:39-4 (Possession of weapons for unlawful purposes).

This reference is informational and is not legal advice.