New jersey criminal charge
Possession of weapons for unlawful purposes in New jersey
Possession of weapons for unlawful purposes is a criminal offense under New jersey law, defined by N.J.S.A. 2C:39-4. 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:39-4.
What is the penalty for possession of weapons for unlawful purposes in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Firearm possessed for unlawful purpose — Possessing any firearm with a purpose to use it unlawfully against a person or property.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Firearm possessed for unlawful purpose — Possessing any firearm with a purpose to use it unlawfully against a person or property.; 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 (Community gun possession/receipt/transfer — Possessing, receiving, or transferring a firearm that qualifies as a 'community gun' shared among persons engaged in criminal activity or unlawful use.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Community gun possession/receipt/transfer — Possessing, receiving, or transferring a firearm that qualifies as a 'community gun' shared among persons engaged in criminal activity or unlawful use.; 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 (Explosive substance possessed for unlawful purpose — Possessing or carrying any explosive substance with intent to use it unlawfully against a person or property.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Explosive substance possessed for unlawful purpose — Possessing or carrying any explosive substance with intent to use it unlawfully against a person or property.; 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 (Destructive device possessed for unlawful purpose — Possessing any destructive device with intent to use it unlawfully against a person or property.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Destructive device possessed for unlawful purpose — Possessing any destructive device with intent to use it unlawfully against a person or property.; 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 (Other weapon (non-firearm) possessed for unlawful purpose — Possessing any weapon other than a firearm with intent to use it unlawfully against a person or property.; 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) (Other weapon (non-firearm) possessed for unlawful purpose — Possessing any weapon other than a firearm with intent to use it unlawfully against a person or property.; 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) (Imitation firearm possessed under unlawful-purpose circumstances — Possessing an imitation firearm under circumstances that would lead an observer to reasonably believe it is possessed for an unlawful purpose.; 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) (Imitation firearm possessed under unlawful-purpose circumstances — Possessing an imitation firearm under circumstances that would lead an observer to reasonably believe it is possessed for an unlawful purpose.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is possession of weapons for unlawful purposes classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Firearm possessed for unlawful purpose | crime of the second degree | Possessing any firearm with a purpose to use it unlawfully against a person or property. | N.J.S.A. 2C:39-4undefined |
| Community gun possession/receipt/transfer | crime of the second degree | Possessing, receiving, or transferring a firearm that qualifies as a 'community gun' shared among persons engaged in criminal activity or unlawful use. | N.J.S.A. 2C:39-4undefined |
| Explosive substance possessed for unlawful purpose | crime of the second degree | Possessing or carrying any explosive substance with intent to use it unlawfully against a person or property. | N.J.S.A. 2C:39-4undefined |
| Destructive device possessed for unlawful purpose | crime of the second degree | Possessing any destructive device with intent to use it unlawfully against a person or property. | N.J.S.A. 2C:39-4undefined |
| Other weapon (non-firearm) possessed for unlawful purpose | crime of the third degree | Possessing any weapon other than a firearm with intent to use it unlawfully against a person or property. | N.J.S.A. 2C:39-4undefined |
| Imitation firearm possessed under unlawful-purpose circumstances | crime of the fourth degree | Possessing an imitation firearm under circumstances that would lead an observer to reasonably believe it is possessed for an unlawful purpose. | N.J.S.A. 2C:39-4undefined |
Common questions about possession of weapons for unlawful purposes in New jersey
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)
What are the penalties for possession of weapons for unlawful purposes in New Jersey?
Penalties for possession of weapons for unlawful purposes 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 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).
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.