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Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5(d))
Under N.J.S.A. 2C:39-5(d), a person is guilty of Unlawful Possession of a Weapon (“UPW”) if he or she knowingly has in his or her possession any weapon under circumstances not manifestly appropriate for such lawful uses. UPW is a 4th degree offense carrying a sentence of up to 18 months in prison. UPW involves weapons other than firearms (i.e., machine guns, handguns, rifles, shotguns, and assault firearms).
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A ”weapon” is defined as anything readily capable of lethal use or of inflicting serious bodily injury. See Model Jury Charge for N.J.S.A. 2C:39-5(d); N.J.S.A. 2C:39-1(r). .
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