New jersey criminal charge
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New jersey
Current through 2026 New Jersey legislative session
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances is a criminal offense under New jersey law, defined by N.J.S.A. 2C:39-9. 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:39-9.
What is the penalty for manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Machine guns - manufacture/transport/disposition unlicensed — Manufacturing, transporting, shipping, selling, or disposing of a machine gun without being registered or licensed to do so.; 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) (Machine guns - manufacture/transport/disposition unlicensed — Manufacturing, transporting, shipping, selling, or disposing of a machine gun without being registered or licensed to do so.; 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 — Manufacturing, transporting, shipping, selling, or disposing of a 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 15000 usd (no statutory minimum) (Sawed-off shotguns — Manufacturing, transporting, shipping, selling, or disposing of a 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 (no statutory minimum) (Firearm silencers — Manufacturing, transporting, shipping, selling, or disposing of a 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 10000 usd (no statutory minimum) (Firearm silencers — Manufacturing, transporting, shipping, selling, or disposing of a 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 (no statutory minimum) (Weapons (knives, blackjacks, unlicensed firearms, etc.) — Manufacturing, transporting, shipping, selling, or disposing of enumerated weapons (e.g., gravity knives, switchblades, blackjacks) or unlicensed firearms.; 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) (Weapons (knives, blackjacks, unlicensed firearms, etc.) — Manufacturing, transporting, shipping, selling, or disposing of enumerated weapons (e.g., gravity knives, switchblades, blackjacks) or unlicensed firearms.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Tear gas/chemical weapon devices - improper purpose — Manufacturing, transporting, shipping, selling, or disposing of tear gas or similar dispersal devices outside authorized military, law enforcement, self-defense, or institutional security 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 10000 usd (no statutory minimum) (Tear gas/chemical weapon devices - improper purpose — Manufacturing, transporting, shipping, selling, or disposing of tear gas or similar dispersal devices outside authorized military, law enforcement, self-defense, or institutional security exceptions.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Defaced firearms - defacing — Defacing any 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 15000 usd (no statutory minimum) (Defaced firearms - defacing — Defacing any 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 | up to 18 months (no statutory minimum) (Defaced firearms - buying/receiving/disposing/concealing — Knowingly buying, receiving, disposing of, or concealing a defaced firearm other than an antique firearm or antique handgun.; 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) (Defaced firearms - buying/receiving/disposing/concealing — Knowingly buying, receiving, disposing of, or concealing a defaced firearm other than an antique firearm or antique handgun.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Armor-piercing ammunition — Manufacturing, transporting, shipping, selling, or disposing of armor-piercing ammunition for non-authorized purposes.; 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) (Armor-piercing ammunition — Manufacturing, transporting, shipping, selling, or disposing of armor-piercing ammunition for non-authorized purposes.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Assault firearms — Manufacturing, transporting, shipping, selling, or disposing of an assault firearm without proper registration or license.; 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) (Assault firearms — Manufacturing, transporting, shipping, selling, or disposing of an assault firearm without proper registration or 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 | up to 18 months (no statutory minimum) (Large capacity ammunition magazines — Manufacturing, transporting, shipping, selling, or disposing of a large capacity ammunition magazine for non-authorized purposes.; 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) (Large capacity ammunition magazines — Manufacturing, transporting, shipping, selling, or disposing of a large capacity ammunition magazine for non-authorized purposes.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Transporting firearms into state for unlawful sale/transfer — Knowingly transporting or bringing a firearm into the state for purpose of unlawful sale or transfer to another individual.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Transporting firearms into state for unlawful sale/transfer — Knowingly transporting or bringing a firearm into the state for purpose of unlawful sale or transfer to another individual.; 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 (Bump stocks or trigger cranks — Manufacturing, transporting, shipping, selling, or disposing of a bump stock or trigger crank.; 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) (Bump stocks or trigger cranks — Manufacturing, transporting, shipping, selling, or disposing of a bump stock or trigger crank.; 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 (Purchasing firearm parts to manufacture unserialized firearm — Purchasing or obtaining firearm frames, receivers, or component kits without license/registration with purpose to manufacture an unserialized firearm.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Purchasing firearm parts to manufacture unserialized firearm — Purchasing or obtaining firearm frames, receivers, or component kits without license/registration with purpose to manufacture an unserialized 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 | 5 years to 10 years (Covert or undetectable firearms — Manufacturing, transporting, shipping, selling, or disposing of a covert or undetectable firearm.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Covert or undetectable firearms — Manufacturing, transporting, shipping, selling, or disposing of a covert or undetectable firearm.; 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 manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Machine guns - manufacture/transport/disposition unlicensed | crime of the third degree | Manufacturing, transporting, shipping, selling, or disposing of a machine gun without being registered or licensed to do so. | N.J.S.A. 2C:39-9undefined |
| Sawed-off shotguns | crime of the third degree | Manufacturing, transporting, shipping, selling, or disposing of a sawed-off shotgun. | N.J.S.A. 2C:39-9undefined |
| Firearm silencers | crime of the fourth degree | Manufacturing, transporting, shipping, selling, or disposing of a firearm silencer. | N.J.S.A. 2C:39-9undefined |
| Weapons (knives, blackjacks, unlicensed firearms, etc.) | crime of the fourth degree | Manufacturing, transporting, shipping, selling, or disposing of enumerated weapons (e.g., gravity knives, switchblades, blackjacks) or unlicensed firearms. | N.J.S.A. 2C:39-9undefined |
| Tear gas/chemical weapon devices - improper purpose | crime of the fourth degree | Manufacturing, transporting, shipping, selling, or disposing of tear gas or similar dispersal devices outside authorized military, law enforcement, self-defense, or institutional security exceptions. | N.J.S.A. 2C:39-9undefined |
| Defaced firearms - defacing | crime of the third degree | Defacing any firearm. | N.J.S.A. 2C:39-9undefined |
| Defaced firearms - buying/receiving/disposing/concealing | crime of the fourth degree | Knowingly buying, receiving, disposing of, or concealing a defaced firearm other than an antique firearm or antique handgun. | N.J.S.A. 2C:39-9undefined |
| Armor-piercing ammunition | crime of the fourth degree | Manufacturing, transporting, shipping, selling, or disposing of armor-piercing ammunition for non-authorized purposes. | N.J.S.A. 2C:39-9undefined |
| Assault firearms | crime of the third degree | Manufacturing, transporting, shipping, selling, or disposing of an assault firearm without proper registration or license. | N.J.S.A. 2C:39-9undefined |
| Large capacity ammunition magazines | crime of the fourth degree | Manufacturing, transporting, shipping, selling, or disposing of a large capacity ammunition magazine for non-authorized purposes. | N.J.S.A. 2C:39-9undefined |
| Transporting firearms into state for unlawful sale/transfer | crime of the second degree | Knowingly transporting or bringing a firearm into the state for purpose of unlawful sale or transfer to another individual. | N.J.S.A. 2C:39-9undefined |
| Bump stocks or trigger cranks | crime of the third degree | Manufacturing, transporting, shipping, selling, or disposing of a bump stock or trigger crank. | N.J.S.A. 2C:39-9undefined |
| Purchasing firearm parts to manufacture unserialized firearm | crime of the second degree | Purchasing or obtaining firearm frames, receivers, or component kits without license/registration with purpose to manufacture an unserialized firearm. | N.J.S.A. 2C:39-9undefined |
| Covert or undetectable firearms | crime of the second degree | Manufacturing, transporting, shipping, selling, or disposing of a covert or undetectable firearm. | N.J.S.A. 2C:39-9undefined |
Common questions about manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New jersey
What degree of offense is manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New Jersey?
It depends on the circumstances: manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:39-9.
Machine guns - manufacture/transport/disposition unlicensed: crime of the third degree (N.J.S.A. 2C:39-9undefined) · Sawed-off shotguns: crime of the third degree (N.J.S.A. 2C:39-9undefined) · Firearm silencers: crime of the fourth degree (N.J.S.A. 2C:39-9undefined) · Weapons (knives, blackjacks, unlicensed firearms, etc.): crime of the fourth degree (N.J.S.A. 2C:39-9undefined) · Tear gas/chemical weapon devices - improper purpose: crime of the fourth degree (N.J.S.A. 2C:39-9undefined) · Defaced firearms - defacing: crime of the third degree (N.J.S.A. 2C:39-9undefined) · Defaced firearms - buying/receiving/disposing/concealing: crime of the fourth degree (N.J.S.A. 2C:39-9undefined) · Armor-piercing ammunition: crime of the fourth degree (N.J.S.A. 2C:39-9undefined) · Assault firearms: crime of the third degree (N.J.S.A. 2C:39-9undefined) · Large capacity ammunition magazines: crime of the fourth degree (N.J.S.A. 2C:39-9undefined) · Transporting firearms into state for unlawful sale/transfer: crime of the second degree (N.J.S.A. 2C:39-9undefined) · Bump stocks or trigger cranks: crime of the third degree (N.J.S.A. 2C:39-9undefined) · Purchasing firearm parts to manufacture unserialized firearm: crime of the second degree (N.J.S.A. 2C:39-9undefined) · Covert or undetectable firearms: crime of the second degree (N.J.S.A. 2C:39-9undefined)
What are the penalties for manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New Jersey?
Penalties for manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances 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 manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances?
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances is governed by N.J.S.A. 2C:39-9 (Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances).
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.