Prohibited Weapons and Devices in New Jersey

N.J.S.A. 2C:39-3 · Weapons & Firearm Offenses

What the law says

The section prohibits knowingly possessing specified weapons, ammunition, magazines, devices, and firearms in the circumstances it describes. It also prohibits possessing handcuffs in circumstances not manifestly appropriate for lawful use and imposes special rules and exceptions for specified people and activities.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:39-3, that means:

• The person knowingly possesses a destructive device, sawed-off shotgun, firearm silencer, or defaced firearm; the defaced-firearm prohibition excludes an antique firearm or antique handgun.
• The person knowingly possesses a listed weapon—such as a gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus, specified studded leather band, or ballistic knife—without any explainable lawful purpose.
• The person knowingly possesses hollow nose or dum-dum ammunition, or knowingly possesses armor piercing ammunition without the specified collector status and valid license exception applying.
• The person knowingly possesses a stun gun or a large capacity ammunition magazine, unless an applicable exception applies.
• The person knowingly possesses handcuffs under circumstances not manifestly appropriate for such lawful uses as handcuffs may have.
• The person knowingly possesses a bump stock, trigger crank, covert firearm, undetectable firearm, or firearm enclosed in a disguising or obscuring container or covering designed or modified to allow it to be fired while enclosed.
• The person knowingly possesses a firearm manufactured or otherwise assembled using a firearm frame or receiver that is not imprinted with a serial number registered with a federally licensed manufacturer.

How the charge is graded

• Knowingly possessing a destructive device: crime of the third degree.
• Knowingly possessing a sawed-off shotgun: crime of the third degree.
• Knowingly possessing a firearm silencer: crime of the fourth degree.
• Knowingly possessing a defaced firearm, except an antique firearm or an antique handgun: crime of the fourth degree.
• Knowingly possessing a listed weapon without any explainable lawful purpose: crime of the fourth degree.
• Knowingly possessing the specified hollow nose, dum-dum, or armor piercing ammunition: crime of the fourth degree.
• Knowingly possessing a stun gun: crime of the fourth degree.
• Knowingly possessing a large capacity ammunition magazine, unless the specified registration exception applies: crime of the fourth degree.
• Knowingly possessing handcuffs in circumstances not manifestly appropriate for such lawful uses as handcuffs may have: disorderly persons offense.
• Knowingly possessing a bump stock or trigger crank: crime of the third degree.
• Knowingly possessing a covert firearm, an undetectable firearm, or a firearm in a specified disguising or obscuring enclosure: crime of the third degree.
• Knowingly possessing a firearm assembled using a firearm frame or receiver without a serial number registered with a federally licensed manufacturer: crime of the third degree.

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

• The section’s exceptions for subsections a., b., c., d., e., f., j. or k. cover members of the Armed Forces of the United States or the National Guard and, except as otherwise provided, law enforcement officers actually on duty or traveling to or from an authorized place of duty, provided possession was duly authorized under applicable laws, regulations, or military or law enforcement orders.
• The large-capacity-magazine prohibition does not apply to a law enforcement officer possessing and carrying off duty a magazine capable of holding not more than 17 rounds that can be fed continuously and directly into a semi-automatic firearm. It also does not apply to such an officer possessing and carrying off duty a magazine capable of holding more than 17 rounds if the magazine is used with a service firearm issued by the officer’s employer for official duties.
• The subsection h. prohibition does not apply to a law enforcement officer exempted from that subsection by the Attorney General. The section also does not apply to a law enforcement officer possessing a weapon or device confiscated, seized, or otherwise taken as evidence of a crime, or because the officer believed it was illegally possessed by the person from whom it was taken, provided the officer promptly notifies superiors.
• The hollow nose or dum-dum ammunition prohibition does not prevent a person from keeping the ammunition at the person’s dwelling, premises, or other owned or possessed land, or carrying it from the place of purchase to that dwelling or land. It also does not prevent a licensed retail or wholesale firearms dealer from possessing it at licensed premises, provided the seller records the name, age, and place of residence of a purchaser who is not a licensed dealer, along with the sale date and quantity.
• A designated employee or designated licensed agent for a nuclear power plant under a Nuclear Regulatory Commission license may possess hollow nose ammunition while actually performing official duties if the federal licensee certifies that the person is assigned site protection, guard, armed response, or armed escort duties and is appropriately trained and qualified under federal regulation.
• A collector may possess no more than three examples of each distinctive variation of the specified ammunition. A distinctive variation includes a different head stamp, composition, design, or color. The armor piercing ammunition exception is for a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13), who has a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
• A licensed retail or wholesale firearms dealer may possess the ammunition described in subsection f. (2), or a large capacity ammunition magazine, at licensed premises for sale or disposition to another licensed dealer, the Armed Forces of the United States or the National Guard, or a law enforcement agency. For a sale or disposition to a law enforcement agency, the seller must keep a record including the purchasing agency’s name, written authorization of its chief of police or highest ranking official, the purchasing law enforcement officer’s name and rank if applicable, and the date, time, and amount sold or disposed of; a copy must be sent to the Superintendent of the Division of State Police within 48 hours.
• The destructive-device prohibition does not apply to antique cannons exempted in subsection d. of N.J.S.2C:39-6.

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 Prohibited Weapons and Devices charge.

Related charges

• Unlawful Possession of a Weapon →
• Possession of a Weapon for an Unlawful Purpose →
• Certain Persons Not to Have Weapons →

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.