New Jersey
Are Brass Knuckles Legal in New Jersey? (2026 N.J.S.A. 2C:39-3)
Independently fact-checked against primary sources (last audited October 11, 2026). · 24 primary sources cited on this page. How we verify our legal content

Possessing brass knuckles in New Jersey is a crime unless the possession has an explainable lawful purpose. N.J.S.A. 2C:39-3(e) makes knowingly possessing a "metal knuckle" without any explainable lawful purpose a crime of the fourth degree, and N.J.S.A. 2C:39-9(d) makes manufacturing, transporting, shipping, selling or disposing of metal knuckles a fourth-degree crime, with no lawful-purpose clause. A fourth-degree crime carries up to 18 months in prison and a fine of up to $10,000. For how other states handle the same item, see our guide to brass knuckles laws by state.
Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers New Jersey statutes in Title 2C: the weapon definition in 2C:39-1(r), the prohibited-weapons offense in 2C:39-3(e) and its exceptions in 2C:39-3(g), possession for an unlawful purpose in 2C:39-4(d), the other-weapons and school-grounds offenses in 2C:39-5(d) and (e)(2), the vehicle presumption in 2C:39-2(a), the certain-persons statute in 2C:39-7, manufacture and sale in 2C:39-9(d), voluntary surrender in 2C:39-12, the jail and detention-facility offenses in 2C:29-6(a), domestic violence weapon orders in 2C:25-29(b)(16) and contempt in 2C:29-9(b), the local-law limit in 2C:1-5(d), and the sentencing provisions in 2C:43-3, 2C:43-6 and 2C:44-1. It does not cover municipal ordinances, courthouse or public-building security rules, school discipline, forfeiture procedure, federal property beyond a short note, or the law of other states.
Are brass knuckles legal in New Jersey?
New Jersey lists metal knuckles among the weapons a person may not possess without a lawful reason. N.J.S.A. 2C:39-3(e) provides:
"e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, or ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree."
Two features of that sentence drive everything else. The offense is knowing possession, and the clause "without any explainable lawful purpose" applies to every item on the list, knuckles included.
The section's amendment credits end with P.L.2025, c.255. The text of subsection (e) quoted above is the same as the version the Appellate Division quoted in 1987, apart from the later addition of "ballistic knife."
The broader definition of "weapon" in N.J.S.A. 2C:39-1(r) also names knuckles. It defines a weapon as "anything readily capable of lethal use or of inflicting serious bodily injury" and says the term includes, in paragraph (3), "billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti, or similar leather bands studded with metal filings or razor blades imbedded in wood." That definition matters because several other offenses, including the school-grounds and jail rules below, work through it. The New Jersey State Police Firearms FAQs restate the same definition, listing metal knuckles.
What counts as an "explainable lawful purpose"
The statute does not list which purposes qualify. The New Jersey Judiciary's model criminal jury charge for 2C:39-3(e), revised February 9, 2009, explains how the defense works at trial. On knowledge, it tells jurors:

"The State was not required to prove that, at the time that he/she knowingly possessed the (specified weapon), defendant also knew that it was a prohibited weapon."
On the lawful-purpose defense, the charge says "The burden of disproving or negating the explanation lies with the State," and that the State "must prove beyond a reasonable doubt that defendant's possession of ... the weapon was without any explainable lawful purpose."
The courts describe the same structure. In State v. Blaine, 221 N.J. Super. 66 (App. Div. 1987), the Appellate Division called subsection (e) "a modified or qualified fourth degree per se possessory crime," and, quoting the Supreme Court, said the provision "merely shifts to the defendant the burden of going forward on the issue of 'lawful purpose.'" Earlier, in State v. Dunlap, 181 N.J. Super. 71 (Law Div. 1981), a Law Division judge wrote "the State must prove beyond a reasonable doubt that the defendant knowingly possessed one of the described weapons."
In practice, then, the person charged has to put forward an explanation, and the State then has to disprove it. Whether a given explanation, such as self-defense, is enough is decided in the individual case. For the rules on using force, see New Jersey self-defense laws.
Collectors
The statute's text has no collector exemption. In State v. Campione, Nos. A-1709-18 and A-1710-18 (App. Div. Feb. 24, 2020), a defendant argued that he had a "lawful purpose" for possessing metal knuckles because he was a "weapons collector," and that prosecutors should have presented that defense to the grand jury. The court answered: "We find no merit in this argument." The decision concerned grand jury practice; it does not say how a collector's explanation would fare at trial.
Carrying brass knuckles, at home or in a car
Subsection 2C:39-3(e) is written in terms of possession and names no place. It draws no line between concealed and open carry, or between a pocket, a home and a car. The same test applies wherever the knuckles are: knowing possession without any explainable lawful purpose is a fourth-degree crime.
For vehicles, N.J.S.A. 2C:39-2(a) adds a presumption. When a weapon described in chapter 39 "is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one. If there is more than one occupant in the vehicle, it shall be presumed to be in the possession of all," with exceptions. An item "found upon the person of one of the occupants" is presumed to be that occupant's alone. When "the vehicle is not a stolen one" and the item is found "out of view in a glove compartment, trunk or other enclosed customary depository," it is presumed to be possessed by "the occupant or occupants who own or have authority to operate the vehicle." A separate rule covers taxicabs. The Judiciary's model jury charge on weapons in a vehicle, revised August 18, 2025, presents these as facts the jury "may infer" and tells jurors: "You are never required or compelled to draw any inference."
Intent raises the stakes. Under N.J.S.A. 2C:39-4(d), "Any 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."
Plastic knuckles, knuckle knives and look-alikes
The New Jersey statutes name "metal knuckle" in 2C:39-3(e) and "metal knuckles" in 2C:39-1(r) and 2C:39-9(d). How a plastic, composite or 3D-printed set is treated is unsettled. The model jury charge says the 2C:39-3(e) list "is complete" and that possession of a different weapon "is not an offense under N.J.S.A. 2C:39-3e [but might be violative of other statutory provisions such as N.J.S.A. 2C:39-4d (possession of a weapon for an unlawful purpose) or N.J.S.A. 2C:39-5d (unlawful possession of a weapon).]"
N.J.S.A. 2C:39-5(d) reads: "Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree." In Blaine, the court said 2C:39-5(d) addresses implements "whose character as a weapon is, rather, contextually defined." So an item that is not a metal knuckle could still be charged if it is a "weapon" under 2C:39-1(r) and is held in circumstances not manifestly appropriate for its lawful uses.
Subsection (e) lists gravity knives, switchblade knives, daggers, dirks, stilettos and ballistic knives separately. A combination knuckle-and-blade item is not named as such. For the knife rules, see New Jersey knife laws.
Selling, buying, making and shipping knuckles
Commerce in knuckles is treated more strictly than possession. N.J.S.A. 2C:39-9(d) provides that "Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58 of Title 2C of the New Jersey Statutes, is guilty of a crime of the fourth degree."
The licensing language in that sentence applies to firearms. The knuckles clause contains no "explainable lawful purpose" qualifier. A buyer who ends up holding the knuckles is then subject to the possession offense in 2C:39-3(e).
Schools, jails and other restricted places
Schools and colleges. N.J.S.A. 2C:39-5(e)(2) makes it a fourth-degree crime to knowingly possess "any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1" (paragraph (3) is the one that lists metal knuckles), or any other weapon under circumstances not manifestly appropriate, "while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution."
Jails and detention facilities. Under N.J.S.A. 2C:29-6(a)(1), a person who "knowingly and unlawfully introduces within an institution for commitment of persons under N.J.S. 2C:4-8 or a detention facility, or knowingly and unlawfully provides an inmate with any weapon, tool, instrument, document or other thing which may be useful for escape" commits a crime of the second degree, punished by "a minimum term of imprisonment, which shall be fixed at no less than three years if the item is a weapon as defined by N.J.S. 2C:39-1(r)." Paragraph (2) applies the same grade and minimum term to an inmate who "knowingly and unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any such implement of escape."
Other places. New Jersey's sensitive-places statute, N.J.S.A. 2C:58-4.6, is headed "Places where the carrying of a firearm or destructive device is prohibited." Courthouses, government buildings and private venues may also have their own security rules, which this article does not cover; check with the building before you go. Local rules are limited by N.J.S.A. 2C:1-5(d), which provides that local governmental units "may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this code or with any policy of this State expressed by this code."
Penalties for brass knuckles in New Jersey
| Conduct | Statute | Grade |
|---|---|---|
| Knowingly possessing metal knuckles without any explainable lawful purpose | 2C:39-3(e) | Fourth degree |
| Manufacturing, transporting, shipping, selling or disposing of metal knuckles | 2C:39-9(d) | Fourth degree |
| Possessing any other weapon under circumstances not manifestly appropriate | 2C:39-5(d) | Fourth degree |
| Possessing knuckles on school or college grounds without written authorization | 2C:39-5(e)(2) | Fourth degree |
| Possessing a weapon (other than a firearm) with a purpose to use it unlawfully against a person or property | 2C:39-4(d) | Third degree |
| Bringing a 2C:39-1(r) weapon into a detention facility or providing it to an inmate (2C:29-6(a)(1)), or an inmate making, getting or possessing one (2C:29-6(a)(2)) | 2C:29-6(a)(1)-(2) | Second degree, minimum of at least three years |
| Possessing a 2C:39-1(r) weapon, such as metal knuckles, after a conviction or commitment listed in 2C:39-7(a), as the model jury charge reads that subsection | 2C:39-7(a) | Fourth degree |
For a fourth-degree crime, N.J.S.A. 2C:43-6(a)(4) sets a prison term "which shall be fixed by the court and shall not exceed 18 months," and N.J.S.A. 2C:43-3(b)(2) caps the fine at "$10,000.00 when the conviction is of a crime of the fourth degree."

N.J.S.A. 2C:44-1(e) adds a presumption for first offenders. The court "shall deal with a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense, without imposing a sentence of imprisonment unless, having regard to the nature and circumstances of the offense and the history, character, and condition of the defendant, it is of the opinion that imprisonment is necessary for the protection of the public under the criteria set forth in subsection a. of this section." The presumption does not apply where the court finds aggravating factor (5), (14) or (15), or for certain listed crimes. It is a presumption, not a promise. The section's amendment credits end with P.L.2025, c.328.
A knuckles conviction and the certain-persons statute
A conviction under 2C:39-3, 2C:39-4 or 2C:39-9 has consequences beyond the sentence. N.J.S.A. 2C:39-7(b)(1) provides that a person "having been convicted of a crime ... pursuant to the provisions of ... N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree," with a minimum term "fixed at five years, during which the defendant shall be ineligible for parole."
Subsection (a) of the same statute reaches weapons other than firearms. It applies to a person convicted "in this State or elsewhere of the crime, or an attempt or conspiracy to commit the crime, of 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 section 1 of P.L.1993, c.221 (C.2C:15-2), gang criminality in violation of section 1 of P.L.2007, c.341 (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 in violation of subsection a. of N.J.S.2C:39-5, unlawful possession of a handgun in violation of paragraph (1) of subsection b. of N.J.S.2C:39-5, unlawful possession of an assault firearm in violation of subsection f. of N.J.S.2C:39-5, leader of firearms trafficking network in violation of section 1 of P.L.1995, c.405 (C.2C:39-16)," or "endangering the welfare of a child pursuant to N.J.S.2C:24-4." It also applies to a person "convicted of a crime, or an attempt or conspiracy to commit a crime, pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9"; to a person who "has ever been committed for a mental disorder to any hospital, mental institution or sanitarium" unless the person has the doctor's certificate or other proof the statute describes; and to a person convicted of 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." Such a person "who purchases, owns, possesses or controls any of the specified weapons or any ammunition" commits a crime of the fourth degree.
The New Jersey Judiciary's model jury charge for 2C:39-7(a), revised November 13, 2023, reads that offense to the jury as possessing "any weapon as set out in subsection r. of N.J.S.A. 2C:39-1," the definition that names metal knuckles.
A court order can also bar knuckles. Under N.J.S.A. 2C:25-29(b)(16), in a domestic violence case the court, in addition to barring firearms, "may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S.2C:39-1." Under N.J.S.A. 2C:29-9(b), purposely or knowingly violating an order entered under the Prevention of Domestic Violence Act is a crime of the fourth degree "when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense," and otherwise a disorderly persons offense.
Exceptions and voluntary surrender
Military and police. Under N.J.S.A. 2C:39-3(g)(1)(a), subsection (e) does not apply "to any member of the Armed Forces of the United States or the National Guard, or except as otherwise provided, to any law enforcement officer while actually on duty or traveling to or from an authorized place of duty, provided that his possession of the prohibited weapon or device has been duly authorized under the applicable laws, regulations or military or law enforcement orders."
Voluntary surrender. N.J.S.A. 2C:39-12 provides that no person "shall be convicted of an offense under this chapter for possessing any firearms, weapons" if, after giving written notice of the intention to do so (including the proposed date and time), the person voluntarily surrenders the item "to the superintendent or to the chief of police in the municipality in which he resides." The notice must be received "before any charges have been made or complaints filed" and "before any investigation has been commenced by any law enforcement agency concerning the unlawful possession." The section grants no immunity for any other crime. Someone who has knuckles and wants to be rid of them lawfully can use this route.
Federal rules
Federal law adds rules in specific places. TSA's published guidance says brass knuckles are not allowed in carry-on bags and are allowed in checked bags, but warns they "are still illegal in some states" and that TSA "will be required to report it to local law enforcement" if an illegal item turns up in a bag. Under 18 U.S.C. 930, knowingly possessing a "firearm or other dangerous weapon" in a federal facility is punishable by up to one year, or up to two years in a federal court facility. In national parks, 36 CFR 2.4 prohibits possessing or carrying a weapon, and 36 CFR 1.4 defines "weapon" to include "a weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located."
Related
- Brass knuckles laws by state
- New Jersey knife laws
- New Jersey pepper spray and stun gun laws
- New Jersey self-defense laws
- New York brass knuckles laws
- Pennsylvania brass knuckles laws
This article provides general legal information about New Jersey law, not legal advice. Weapons laws change and local rules vary. For advice about a specific situation, contact a lawyer licensed in New Jersey or your local law enforcement agency.
Last updated: 2026-10-11.
Frequently Asked Questions
Are brass knuckles legal in New Jersey?
Possessing them is a crime unless the possession has an explainable lawful purpose. N.J.S.A. 2C:39-3(e) makes knowingly possessing a metal knuckle without any explainable lawful purpose a fourth-degree crime, and 2C:39-9(d) makes selling, making, shipping or transporting them a fourth-degree crime.
What is the penalty for brass knuckles in New Jersey?
Possession under 2C:39-3(e) and sale or manufacture under 2C:39-9(d) are fourth-degree crimes, punishable by up to 18 months (2C:43-6(a)(4)) and a fine of up to $10,000 (2C:43-3(b)(2)). Under 2C:44-1(e), a first offender is presumed not to be sent to prison unless the court finds imprisonment necessary or a listed aggravating factor applies.
Can I carry brass knuckles for self-defense in New Jersey?
Subsection 2C:39-3(e) punishes possession without any explainable lawful purpose but does not list which purposes qualify, so whether a particular explanation succeeds is decided in the individual case. Possessing any weapon other than a firearm with a purpose to use it unlawfully against another person is a third-degree crime under 2C:39-4(d).
Can I keep brass knuckles in my car in New Jersey?
Subsection 2C:39-3(e) is written in terms of knowing possession and names no place, so knuckles kept in a car are judged by the same test: possession without any explainable lawful purpose is a fourth-degree crime. Under 2C:39-2(a), a weapon found in a vehicle is presumed to be possessed by the only occupant, or by all occupants if there are several, unless it is found on one person or, in a vehicle that is not stolen, out of view in a glove compartment or trunk, where it is presumed to be possessed by the occupants who own or have authority to operate the vehicle. The model jury charge tells jurors they may, but are never required to, draw that inference.
Is it legal to sell or buy brass knuckles in New Jersey?
Selling, shipping, transporting or manufacturing metal knuckles is a fourth-degree crime under 2C:39-9(d), and that clause has no lawful-purpose qualifier. A buyer who then holds the knuckles is subject to the possession offense in 2C:39-3(e).
Are plastic brass knuckles legal in New Jersey?
The statutes name metal knuckles. How a plastic or composite set is treated is unsettled; the Judiciary model charge notes that a weapon outside the 2C:39-3(e) list might be charged under 2C:39-5(d), which makes possessing any other weapon under circumstances not manifestly appropriate for its lawful uses a fourth-degree crime.
Can a collector own brass knuckles in New Jersey?
The statute has no collector exemption in its text. In State v. Campione (App. Div. 2020), the court found no merit in a defendant's argument that prosecutors had to present his weapons-collector lawful-purpose claim to the grand jury on a metal knuckles count.
Can I bring brass knuckles to a New Jersey school or college?
Knowingly possessing knuckles in or on the buildings or grounds of any school, college, university or other educational institution without the written authorization of its governing officer is a fourth-degree crime under 2C:39-5(e)(2).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 2C:39-3Prohibited weapons and devices.In forcecited in 2 of our articles
2C:39-3. Prohibited Weapons and Devices. a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree. b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree. c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree. d. Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree. e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, or ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree. f. Dum-dum or armor piercing ammunition. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Knife Laws (2026): Possession Ban and Minor Sales
§ 2C:39-9Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.In forcecited in 2 of our articles
2C:39-9. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances. a. Machine guns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 of Title 2C of the New Jersey Statutes is guilty of a crime of the third degree. b. Sawed-off shotguns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun is guilty of a crime of the third degree. c. Firearm silencers. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree. d. Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 51 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Rovito (Supreme Court of New Jersey 1985, 99 N.J. 581)“…titutes an unlawful disposition of the firearm under N.J.S.A. 2C:39-9d. The trial court charged the jury that…”
- State of New Jersey v. Malihki X. Oliver (New Jersey Superior Court Appellate Division 2025)“…rm parts to manufacture a firearm without a serial number, N.J.S.A. 2C:39-9(k) (Paragraph k), and the application…”
- State v. Concepcion (Supreme Court of New Jersey 1988, 111 N.J. 373)“…nd was convicted only of unlawful disposition of a weapon. N.J.S.A. 2C:39-9d. See Rovito, supra, 99 N.J. at 5…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-5Unlawful possession of weapons.In forcecited in 2 of our articles
2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree. b. Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree. c. Rifles and shotguns.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 2,321 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Ramseur (Supreme Court of New Jersey 1987, 106 N.J. 123)“…r circumstances not manifestly appropriate for lawful use ( N.J.S.A. 2C:39-5d); and (3) knowingly and unlawfully pos…”
- State v. McQuaid (Supreme Court of New Jersey 1997, 147 N.J. 464)“…thirteen and fourteen); and possession of a handgun, N.J.S.A. 2C:39-5b (count fifteen). The Camden Cou…”
- State v. Biegenwald (Supreme Court of New Jersey 1987, 106 N.J. 13)“…N.J.S.A. 2C:39-4a); (5) unlawful possession of a weapon ( N.J.S.A. 2C:39-5b); (6) possession of a weapon by a conv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-7Certain persons not to have weapons or ammunition.In forcecited in 2 of our articles
6. Certain Persons Not to Have Weapons or Ammunition. a. Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime, or an attempt or conspiracy to commit the crime, of 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 section 1 of P.L.1993, c.221 (C.2C:15-2), gang criminality in violation of section 1 of P.L.2007, c.341 (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 in violation of subsection a. of N.J.S.2C:39-5, unlawful possession of a handgun in violation of paragraph (1) of subsection b. of N.J.S.2C:39-5, unlawful possession of an assault firearm in violation of subsection f. of N.J.S.2C:39-5, leader of firearms trafficking network in violation of section 1 of P.L.1995, c.405 (C.2C:39-16),or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in the person's possession any weapon enumerated in subsection r.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 720 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. William L. Witt(074468) (Supreme Court of New Jersey 2015, 223 N.J. 409)“…y a convicted 4 person, N.J.S.A. 2C:39-7(b). The police initiated a stop of…”
- State v. Anthony K. Cole (076255) (Middlesex and Statewide) (Supreme Court of New Jersey 2017, 229 N.J. 430)“…b); and fourth-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(a). Defendant was tried before…”
- State v. Byseem T. Coles (070653) (Supreme Court of New Jersey 2014, 218 N.J. 322)“…and second-degree certain persons not to possess weapons, N.J.S.A 2C:39-7(b). Defendant filed a motion to suppres…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-2PresumptionsIn force
a. Possession of firearms, weapons, destructive devices, silencers, or explosives in a vehicle. When a firearm, weapon, destructive device, silencer, or explosive described in this chapter is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one. If there is more than one occupant in the vehicle, it shall be presumed to be in the possession of all, except under the following circumstances: (1) When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone; (2) When the vehicle is not a stolen one and the weapon or other instrument is found out of view in a glove compartment, trunk or other enclosed customary depository, it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the vehicle; and (3) When the vehicle is a taxicab and a weapon or other instrument is found in the passenger's portion of the vehicle, it shall be presumed to be in the possession of all the passengers, if there are any, and if not, in the possession of the driver. b. Licenses and permits.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
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Sources and References
- N.J.S.A. 2C:39-3, Prohibited weapons and devices(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:39-9, Manufacture, transport, disposition and defacement of weapons(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:39-1, Definitions(lis.njleg.state.nj.us).gov
- New Jersey State Police, Firearms FAQs(njsp.njoag.gov).gov
- New Jersey Model Criminal Jury Charge, Possession of Certain Weapons (N.J.S.A. 2C:39-3e)(njcourts.gov).gov
- State v. Blaine, 221 N.J. Super. 66 (App. Div. 1987)(courtlistener.com)
- State v. Dunlap, 181 N.J. Super. 71 (Law Div. 1981)(courtlistener.com)
- State v. Campione, Nos. A-1709-18, A-1710-18 (App. Div. Feb. 24, 2020)(courtlistener.com)
- N.J.S.A. 2C:39-4, Possession of weapons for unlawful purposes(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:39-5, Unlawful possession of weapons(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:29-6, Implements for escape; other contraband(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:58-4.6, Places where the carrying of a firearm or destructive device is prohibited(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:43-6, Sentence of imprisonment for crime; ordinary terms; mandatory terms(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:43-3 (fines for crimes)(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:44-1, Criteria, withholding, imposing sentences, imprisonment(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:39-7, Certain persons not to have weapons or ammunition(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:39-12, Voluntary surrender(lis.njleg.state.nj.us).gov
- TSA, What Can I Bring? Brass Knuckles(tsa.gov).gov
- 18 U.S.C. 930, Possession of firearms and dangerous weapons in Federal facilities(govinfo.gov).gov
- 36 CFR 2.4, Weapons, traps and nets(ecfr.gov).gov
- 36 CFR 1.4, What terms do I need to know?(ecfr.gov).gov
- N.J.S.A. 2C:39-2, Presumptions(lis.njleg.state.nj.us).gov
- New Jersey Model Criminal Jury Charge, Certain Persons Not to Have Any Weapons (N.J.S.A. 2C:39-7(a))(njcourts.gov).gov
- New Jersey Model Criminal Jury Charge, Possession of Firearms, Weapons, Destructive Devices, Silencers or Explosives in a Vehicle (N.J.S.A. 2C:39-2)(njcourts.gov).gov
- N.J.S.A. 2C:25-29, Hearing procedure; relief(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:29-9, Contempt(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:1-5, Limitation of local government laws(lis.njleg.state.nj.us).gov