Share

N.J.S.A. 2C:39-4: Possession of weapons for unlawful purposes

2C:39-4. Possession of weapons for unlawful purposes

 

a. Firearms. (1) Any 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.

(2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, “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.

b. Explosives. Any 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.

c. Destructive devices. Any 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.

d. Other weapons. 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.

e. Imitation firearms. Any 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.


The Cintron Firm has locations in Ridgefield Park, New Brunswick, Montclair, and Totowa and serve the following New Jersey cities and counties: Morris County, Essex County, Bergen County, Passaic County, Englewood Cliffs, Ridgewood, Little Falls, Paramus, Paterson, Wayne, Lincoln Park, Hackensack, Lodi, Passaic, Cliffside Park, Caldwell, Belleville, Union City, East Orange, Newark, Union, Elizabeth, Irvington, Brunswick, Byram, Denville and Rockaway.



© 2020 The Cintron Firm, LLC
167 Main Street, First Floor, Ridgefield Park, NJ 07660
| Phone: 917-494-5695
24 Kirkpatrick Street, New Brunswick, NJ 08903
| Phone: 917-494-5695
26 Park Street, Suite 2000, Montclair, NJ 07042
| Phone: 917-494-5695
547 Union Boulevard, Totowa, NJ 07512
| Phone: 917-494-5695

DWI/DUI Defense | Traffic Offenses | Criminal Defense | Frequently Asked Questions | Articles | En Español | Law Library

Law Firm Website Design by
Zola Creative