Certain Persons Not to Have Weapons in New Jersey

N.J.S.A. 2C:39-7 · Weapons & Firearm Offenses

What the law says

The section prohibits specified people with certain criminal convictions, certain people who have been committed for a mental disorder, and people subject to specified domestic-violence or extreme-risk orders from purchasing, owning, possessing, or controlling firearms, other specified weapons, or ammunition. The degree of the crime depends on the person’s conviction or court-order circumstances and the item involved.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:39-7, that means:

• For subsection a, the person has been convicted in this State or elsewhere of a listed crime, or an attempt or conspiracy to commit one: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, carjacking in violation of C.2C:15-2, gang criminality in violation of C.2C:33-29, racketeering in violation of N.J.S.2C:41-2, terroristic threats in violation of N.J.S.2C:12-3, unlawful possession of a machine gun under subsection a. of N.J.S.2C:39-5, unlawful possession of a handgun under paragraph (1) of subsection b. of N.J.S.2C:39-5, unlawful possession of an assault firearm under subsection f. of N.J.S.2C:39-5, leader of firearms trafficking network under C.2C:39-16, or endangering the welfare of a child under N.J.S.2C:24-4; and the person purchases, owns, possesses, or controls a specified weapon or ammunition.
• For subsection a, the person has been convicted of a crime, or an attempt or conspiracy to commit a crime, under N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9; and the person purchases, owns, possesses, or controls a specified weapon or ammunition.
• For subsection a, the person has ever been committed for a mental disorder to a hospital, mental institution, or sanitarium, without possessing a medical doctor’s or psychiatrist’s certificate or other satisfactory proof described in the statute; and the person purchases, owns, possesses, or controls a specified weapon or ammunition.
• For subsection a, the person has been convicted of an offense, or an attempt or conspiracy to commit an offense, for the unlawful use, possession, or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2, other than a disorderly persons or petty disorderly persons offense; and the person purchases, owns, possesses, or controls a specified weapon or ammunition.
• For subsection b.(1), the person has a conviction in this State or elsewhere, or an attempt or conspiracy conviction, for the crimes listed in that paragraph—including stalking under C.2C:12-10 or a crime involving domestic violence as defined in C.2C:25-19—or a conviction, attempt, or conspiracy conviction under N.J.S.2C:35-3 through N.J.S.2C:35-6, section 1 of P.L.1987, c.101 (C.2C:35-7), N.J.S.2C:35-11, N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9; and the person purchases, owns, possesses, or controls a firearm.
• For subsection b.(2), the person has been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence; and the person purchases, owns, possesses, or controls a firearm or ammunition.
• For subsection b.(3) or b.(4), the person is subject to the specified domestic-violence firearm-seizure or court-order circumstances, or an Extreme Risk Protective Order Act of 2018 court order, and purchases, owns, possesses, or controls a firearm or ammunition; subsection b.(4) also covers acquiring or receiving a firearm or ammunition.

How the charge is graded

• Under subsection a, a person who purchases, owns, possesses or controls any of the specified weapons or any ammunition as defined in section 2 of P.L.2018, c.35 (C.2C:58-21) is guilty of a crime of the fourth degree.
• Under subsection b.(1), a person who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree.
• Under subsection b.(2), a person who purchases, owns, possesses or controls a firearm or ammunition is guilty of a crime of the third degree.
• Under subsection b.(3), a person who purchases, owns, possesses or controls a firearm or ammunition is guilty of a crime of the third degree.
• Under subsection b.(4), a person who purchases, acquires, owns, possesses, or controls a firearm or ammunition is guilty of a crime of the third degree.

Penalties in the statute

• For a conviction under subsection b.(1), the person shall be sentenced to a term of imprisonment by the court.
• For a conviction under subsection b.(1), the term of imprisonment shall include a minimum term fixed at five years, during which the defendant shall be ineligible for parole.
• If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7, the extended term shall include a minimum term fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• Subsection a begins, “Except as provided in subsection b. of this section.”
• For the subsection a mental-disorder provision, the exception is possession of a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey, or other satisfactory proof, that the person is no longer suffering from a mental disorder which interferes with or handicaps the person in the handling of a firearm.
• The subsection a and subsection b.(1) conviction provisions apply whether or not the person is armed with or has in the person’s possession a weapon enumerated in subsection r. of N.J.S.2C:39-1.
• Subsection b.(2) applies whether or not the person is armed with or has in the person’s possession a weapon enumerated in subsection r. of N.J.S.2C:39-1.
• Subsection b.(3) covers a person whose firearm was seized pursuant to the Prevention of Domestic Violence Act of 1991 and has not been returned, or who is subject to a court order prohibiting possession of firearms issued pursuant to that Act. Its provisions do not apply to a law enforcement officer while actually on duty, or to a member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.
• Subsection b.(4) applies to a person subject to a court order prohibiting custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the Extreme Risk Protective Order Act of 2018.
• Under subsection c, a conviction in another state, territory, commonwealth, other jurisdiction of the United States, or any country in the world, for a crime or an attempt or conspiracy comparable to a crime enumerated in subsection a. or b. makes the person subject to this section.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Motions to suppress firearms found in unlawful searches
• Proving lawful possession, permits, or a statutory exemption
• Challenging knowing possession when a weapon was in a shared space
• Graves Act waivers and prosecutor referrals under N.J.S.A. 2C:43-6.2 where available

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Certain Persons Not to Have Weapons charge.

Related charges

• Unlawful Possession of a Weapon →
• Possession of a Weapon for an Unlawful Purpose →
• Prohibited Weapons and Devices →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.