In New Jersey, a person who has a conviction for certain offenses or who was previously institutionalized with a mental illness, is not allowed to own, purchase, possess, or control certain weapons.  If the individual is found to be in possession of such a weapon they will be charged with an offense called “Certain Persons Not to Have Weapons.”  This offense can be either a 2nd, 3rd, or 4th degree offense. 

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Certain Persons Not to Have Weapons (2nd Degree): Under N.J.S.A. 2C:39-7(b)(1), a  person having been convicted in this State or elsewhere of certain criminal offenses, or an attempt or conspiracy to commit the offense, who purchases, owns, possesses or controls a firearm is guilty of a crime of the 2nd degree, which is punishable by up to 10 years in New Jersey State Prison.

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*NOTE – Mandatory Imprisonment:  A person convicted of 2nd degree “certain persons not to possess a weapon” must be sentenced to a term of imprisonment by the court.  The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at 5 years, during which the defendant shall be ineligible for parole.

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*NOTE – Extended Term:  If the defendant is sentenced to an extended term of imprisonment, then the extended term must include a minimum term fixed at 1/3rd to 1/2 of the sentence or 5 years (whichever is greater) during which the defendant shall be ineligible for parole.

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The following are the offenses which trigger an individual's inability to legally possess a firearm: 

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• ​Aggravated Assault;

• Arson;

• Burglary;

• Escape;

• Extortion;

• Homicide;

• Kidnapping;

• Robbery;

• Aggravated Sexual Assault;

• Sexual Assault;

• Bias Intimidation;

• Carjacking;

• Gang Criminality;

• Racketeering;

• Terroristic Threats;

• Unlawful Possession of a Machine Gun;

• Unlawful Possession of a Handgun;

• Unlawful Possession of an Assault Firearm;

• Leader of Firearms Trafficking Network;

• Endangering the Welfare of a Child;

• Stalking;

• Domestic Violence;

• Leader of a Narcotics Trafficking Network;

• Maintaining or Operating a CDS Production Facility;

• Possession With Intent to Distribute CDS;

• Employing a Juvenile in a Drug Distribution Scheme;

• Distributing CDS On or Near School Property;

• Imitation CDS;

• Prohibited Weapons or Devices;

• Possession of a Weapon for an Unlawful Purpose;

• Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.

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Certain Persons Not to Have Weapons (3rd Degree):  Pursuant to N.J.S.A. 2C:39-7(b)(2), a person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in the person's possession a weapon (as defined by N.J.S.A. 2C:39-1(r)), who purchases, owns, possesses or controls a firearm or ammunition is guilty of a crime of the 3rd degree.  A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison. 

*NOTE:  This also applies to individuals who have had their firearm seized pursuant to the “Prevention of Domestic Violence Act of 1991” or pursuant to the “Extreme Risk Protective Order Act of 2018.”

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Certain Persons Not to Have Weapons or Ammunition (4th Degree):  Under N.J.S.A. 2C:39-7(a), any person, having been convicted in this State or elsewhere of certain enumerated crimes, or an attempt or conspiracy to commit the crime, who knowingly purchases, owns, possesses or controls any of the specified weapons or ammunition is guilty of a crime of the 4th degree, which is punishable by up to 18 months in New Jersey State Prison.​​​  Additionally, any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless the person possesses 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 is prohibited from possessing prohibited weapons.

 

Prohibited Weapons:  Under N.J.S.A. 2C:39-1(r),"weapon" means anything readily capable of lethal use or of inflicting serious bodily injury.  The term includes, but is not limited to:

• Firearms or Their Components:  All firearms (even if unloaded) or components which can be readily assembled into a weapon.

 

• Certain Knives and Other Weapons: Gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood. 

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• Stun Guns and Tear Gass:  Stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.