New jersey criminal charge
Prohibited weapons and devices in New jersey
Current through 2026 New Jersey legislative session
Prohibited weapons and devices is a criminal offense under New jersey law, defined by N.J.S.A. 2C:39-3. 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:39-3.
What is the penalty for prohibited weapons and devices in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Destructive devices — Knowing possession of any destructive device.; 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) (Destructive devices — Knowing possession of any destructive device.; 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 — Knowing possession of any 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 — Knowing possession of any 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) (Silencers — Knowing possession of any 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) (Silencers — Knowing possession of any 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) (Defaced firearms — Knowing possession of a defaced firearm, excluding antique firearms/handguns.; 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 — Knowing possession of a defaced firearm, excluding antique firearms/handguns.; 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) (Certain weapons (knives, blackjacks, etc.) — Knowing possession without explainable lawful purpose of gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, or ballistic knife.; 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) (Certain weapons (knives, blackjacks, etc.) — Knowing possession without explainable lawful purpose of gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, or ballistic knife.; 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) (Dum-dum or armor piercing ammunition — Knowing possession of hollow nose/dum-dum bullets or armor piercing ammunition by persons not falling within specified 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) (Dum-dum or armor piercing ammunition — Knowing possession of hollow nose/dum-dum bullets or armor piercing ammunition by persons not falling within specified exceptions.; 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) (Stun guns — Knowing possession of any stun gun.; 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) (Stun guns — Knowing possession of any stun gun.; 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) (Large capacity ammunition magazine — Knowing possession of a large capacity ammunition magazine, unless the person has registered an assault firearm or a firearm with fixed/detachable magazine per specified statutes.; 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 magazine — Knowing possession of a large capacity ammunition magazine, unless the person has registered an assault firearm or a firearm with fixed/detachable magazine per specified statutes.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Handcuffs — Knowing possession of handcuffs under circumstances not manifestly appropriate for lawful use.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Handcuffs — Knowing possession of handcuffs under circumstances not manifestly appropriate for lawful use.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 3 years to 5 years (Bump stock or trigger crank — Knowing possession of a bump stock or trigger crank, regardless of possession of a 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) (Bump stock or trigger crank — Knowing possession of a bump stock or trigger crank, regardless of possession of a 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 | 3 years to 5 years (Covert or undetectable firearms — Knowing possession of a covert firearm, undetectable firearm, or a firearm disguised in a container that obscures its shape.; 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) (Covert or undetectable firearms — Knowing possession of a covert firearm, undetectable firearm, or a firearm disguised in a container that obscures its shape.; 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 (Firearms without a serial number — Knowing possession of a firearm assembled from a frame or receiver not imprinted with a registered serial number.; 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) (Firearms without a serial number — Knowing possession of a firearm assembled from a frame or receiver not imprinted with a registered serial number.; 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 digital instructions — An unlicensed/unregistered person knowingly possessing firearm digital instructions with intent to manufacture a firearm.; 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 digital instructions — An unlicensed/unregistered person knowingly possessing firearm digital instructions with intent to manufacture a firearm.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is prohibited weapons and devices classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Destructive devices | crime of the third degree | Knowing possession of any destructive device. | N.J.S.A. 2C:39-3undefined |
| Sawed-off shotguns | crime of the third degree | Knowing possession of any sawed-off shotgun. | N.J.S.A. 2C:39-3undefined |
| Silencers | crime of the fourth degree | Knowing possession of any firearm silencer. | N.J.S.A. 2C:39-3undefined |
| Defaced firearms | crime of the fourth degree | Knowing possession of a defaced firearm, excluding antique firearms/handguns. | N.J.S.A. 2C:39-3undefined |
| Certain weapons (knives, blackjacks, etc.) | crime of the fourth degree | Knowing possession without explainable lawful purpose of gravity knife, switchblade, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, or ballistic knife. | N.J.S.A. 2C:39-3undefined |
| Dum-dum or armor piercing ammunition | crime of the fourth degree | Knowing possession of hollow nose/dum-dum bullets or armor piercing ammunition by persons not falling within specified exceptions. | N.J.S.A. 2C:39-3undefined |
| Stun guns | crime of the fourth degree | Knowing possession of any stun gun. | N.J.S.A. 2C:39-3undefined |
| Large capacity ammunition magazine | crime of the fourth degree | Knowing possession of a large capacity ammunition magazine, unless the person has registered an assault firearm or a firearm with fixed/detachable magazine per specified statutes. | N.J.S.A. 2C:39-3undefined |
| Handcuffs | disorderly persons offense | Knowing possession of handcuffs under circumstances not manifestly appropriate for lawful use. | N.J.S.A. 2C:39-3undefined |
| Bump stock or trigger crank | crime of the third degree | Knowing possession of a bump stock or trigger crank, regardless of possession of a firearm. | N.J.S.A. 2C:39-3undefined |
| Covert or undetectable firearms | crime of the third degree | Knowing possession of a covert firearm, undetectable firearm, or a firearm disguised in a container that obscures its shape. | N.J.S.A. 2C:39-3undefined |
| Firearms without a serial number | crime of the third degree | Knowing possession of a firearm assembled from a frame or receiver not imprinted with a registered serial number. | N.J.S.A. 2C:39-3undefined |
| Firearm digital instructions | crime of the fourth degree | An unlicensed/unregistered person knowingly possessing firearm digital instructions with intent to manufacture a firearm. | N.J.S.A. 2C:39-3undefined |
Common questions about prohibited weapons and devices in New jersey
What degree of offense is prohibited weapons and devices in New Jersey?
It depends on the circumstances: prohibited weapons and devices ranges from a disorderly persons offense to a crime of the third degree in New Jersey under N.J.S.A. 2C:39-3.
Destructive devices: crime of the third degree (N.J.S.A. 2C:39-3undefined) · Sawed-off shotguns: crime of the third degree (N.J.S.A. 2C:39-3undefined) · Silencers: crime of the fourth degree (N.J.S.A. 2C:39-3undefined) · Defaced firearms: crime of the fourth degree (N.J.S.A. 2C:39-3undefined) · Certain weapons (knives, blackjacks, etc.): crime of the fourth degree (N.J.S.A. 2C:39-3undefined) · Dum-dum or armor piercing ammunition: crime of the fourth degree (N.J.S.A. 2C:39-3undefined) · Stun guns: crime of the fourth degree (N.J.S.A. 2C:39-3undefined) · Large capacity ammunition magazine: crime of the fourth degree (N.J.S.A. 2C:39-3undefined) · Handcuffs: disorderly persons offense (N.J.S.A. 2C:39-3undefined) · Bump stock or trigger crank: crime of the third degree (N.J.S.A. 2C:39-3undefined) · Covert or undetectable firearms: crime of the third degree (N.J.S.A. 2C:39-3undefined) · Firearms without a serial number: crime of the third degree (N.J.S.A. 2C:39-3undefined) · Firearm digital instructions: crime of the fourth degree (N.J.S.A. 2C:39-3undefined)
What are the penalties for prohibited weapons and devices in New Jersey?
Which New Jersey statute covers prohibited weapons and devices?
Prohibited weapons and devices is governed by N.J.S.A. 2C:39-3 (Prohibited weapons and devices).
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.