New jersey criminal charge
Prohibited areas, carrying, firearms, destructive device in New jersey
Prohibited areas, carrying, firearms, destructive device is a criminal offense under New jersey law, defined by N.J.S.A. 2C:58-4.6. 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:58-4.6.
What is the penalty for prohibited areas, carrying, firearms, destructive device in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Knowingly carrying a firearm in a prohibited place — Applies when a person, without a qualifying exemption, knowingly carries a firearm as defined in N.J.S.2C:39-1(f) into or upon any of the enumerated prohibited places, buildings, grounds, or parking areas listed in subsection a.; 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) (Knowingly carrying a firearm in a prohibited place — Applies when a person, without a qualifying exemption, knowingly carries a firearm as defined in N.J.S.2C:39-1(f) into or upon any of the enumerated prohibited places, buildings, grounds, or parking areas listed in subsection a.; 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 (Knowingly possessing a destructive device in a prohibited place — Applies when a person knowingly possesses a destructive device as defined in N.J.S.2C:39-1(c) in or upon any of the enumerated prohibited places, buildings, grounds, or parking areas listed in subsection a.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Knowingly possessing a destructive device in a prohibited place — Applies when a person knowingly possesses a destructive device as defined in N.J.S.2C:39-1(c) in or upon any of the enumerated prohibited places, buildings, grounds, or parking areas listed in subsection a.; 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) (Improper transport/storage of handgun in vehicle — Applies when a person carries or transports a firearm in a vehicle without unloading and securing it in a closed case, gunbox, or locked trunk, or leaves a handgun unsecured and visible in a parked vehicle, as described in subsection b.(1) and (2).; 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) (Improper transport/storage of handgun in vehicle — Applies when a person carries or transports a firearm in a vehicle without unloading and securing it in a closed case, gunbox, or locked trunk, or leaves a handgun unsecured and visible in a parked vehicle, as described in subsection b.(1) and (2).; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is prohibited areas, carrying, firearms, destructive device classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Knowingly carrying a firearm in a prohibited place | crime of the third degree | Applies when a person, without a qualifying exemption, knowingly carries a firearm as defined in N.J.S.2C:39-1(f) into or upon any of the enumerated prohibited places, buildings, grounds, or parking areas listed in subsection a. | N.J.S.A. 2C:58-4.6undefined |
| Knowingly possessing a destructive device in a prohibited place | crime of the second degree | Applies when a person knowingly possesses a destructive device as defined in N.J.S.2C:39-1(c) in or upon any of the enumerated prohibited places, buildings, grounds, or parking areas listed in subsection a. | N.J.S.A. 2C:58-4.6undefined |
| Improper transport/storage of handgun in vehicle | crime of the fourth degree | Applies when a person carries or transports a firearm in a vehicle without unloading and securing it in a closed case, gunbox, or locked trunk, or leaves a handgun unsecured and visible in a parked vehicle, as described in subsection b.(1) and (2). | N.J.S.A. 2C:58-4.6undefined |
Common questions about prohibited areas, carrying, firearms, destructive device in New jersey
What degree of offense is prohibited areas, carrying, firearms, destructive device in New Jersey?
It depends on the circumstances: prohibited areas, carrying, firearms, destructive device ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:58-4.6.
Knowingly carrying a firearm in a prohibited place: crime of the third degree (N.J.S.A. 2C:58-4.6) · Knowingly possessing a destructive device in a prohibited place: crime of the second degree (N.J.S.A. 2C:58-4.6) · Improper transport/storage of handgun in vehicle: crime of the fourth degree (N.J.S.A. 2C:58-4.6)
What are the penalties for prohibited areas, carrying, firearms, destructive device in New Jersey?
Penalties for prohibited areas, carrying, firearms, destructive device 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 prohibited areas, carrying, firearms, destructive device?
Prohibited areas, carrying, firearms, destructive device is governed by N.J.S.A. 2C:58-4.6 (Prohibited areas, carrying, firearms, destructive device).
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.