N.J.S.A. 2C:39-4 · Weapons & Firearm Offenses
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What the law says
The section prohibits possessing or carrying specified weapons with a purpose to use them unlawfully against another person or another person’s property. It also prohibits possessing an imitation firearm under circumstances that would lead an observer reasonably to believe it is possessed for an unlawful purpose, and possessing, receiving, or transferring a community gun.
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:39-4, that means:
- For a firearm offense under subsection (a)(1), the person has a firearm in their possession and has a purpose to use it unlawfully against the person or property of another.
- For a community gun offense, the person possesses, receives, or transfers a community gun. A community gun is a firearm transferred among, between, or within an association of two or more persons who, while possessing it, engage in criminal activity or use it unlawfully against the person or property of another.
- For an explosives offense, the person possesses or carries an explosive substance and has a purpose to use it unlawfully against the person or property of another.
- For a destructive-device offense, the person possesses a destructive device and has a purpose to use it unlawfully against the person or property of another.
- For an other-weapons offense, the person possesses a weapon other than a firearm and has a purpose to use it unlawfully against the person or property of another.
- For an imitation-firearm offense, the person possesses an imitation firearm under circumstances that would lead an observer to reasonably believe it is possessed for an unlawful purpose.
How the charge is graded
- A person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- A person who possesses, receives or transfers a community gun is guilty of a crime of the second degree.
- A person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- A person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.
- A person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
- A person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.
Penalties in the statute
- A person who possesses, receives or transfers a community gun shall be sentenced to a term of imprisonment by the court.
- The community-gun term of imprisonment shall include the imposition of a minimum term.
- The community-gun minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater, and during that term 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:
| Offense level | Ordinary term | Maximum fine |
|---|---|---|
| Second degree | 5 to 10 years | Up to $150,000 |
| Third degree | 3 to 5 years | Up to $15,000 |
| Fourth degree | Up to 18 months | Up to $10,000 |
Other rules that can matter
- As used in subsection (a)(2), “community gun” means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.
- Amended 1979, c.179, s.3; 1989, c.120, s.2; 2007, c.24.
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
- Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
- Write down everything you remember, including names, times, and locations.
- Keep every document you received, such as the complaint, summons, and release conditions.
- Follow all release and no-contact conditions exactly.
- 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 Possession of a Weapon for an Unlawful Purpose charge.
Related charges
- Unlawful Possession of a Weapon →
- Prohibited Weapons and Devices →
- Certain Persons Not to Have Weapons →
Sources
- N.J.S.A. 2C:39-4 on Justia (2024 New Jersey Revised Statutes)
- N.J.S.A. 2C:43-6, sentences of imprisonment for crimes
- N.J.S.A. 2C:43-3, fines
- N.J.S.A. 2C:43-8, disorderly persons sentences
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
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.