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What are the unlawful possession of weapons laws in New Jersey?

On Behalf of | Mar 31, 2017 | Weapons Crimes

The second amendment to the United States Constitution gives residents of the country the right to bear arms. More and more people are choosing to bear arms in an effort to protect themselves and their loved ones. But, there are some who do not follow the laws for purchasing and carrying firearms. So, what are the unlawful possession of weapons laws in New Jersey?

Machine guns are not outlawed in the state, but owners of these guns are required to have a license that specifically allows them to own such a firearm. Anyone who breaks this law is guilty of a crime in the second degree.

Handgun owners, including antique handguns, must be registered to purchase and carry the gun. Anyone who breaks this law is guilty of a crime in the third degree if the handgun has the nature of a spring gun or air gun. Any other handgun charge would be in the second degree.

Gun owners who wish to purchase a shotgun or rifle must do so after acquiring firearms purchaser identification card. If the gun owner does not have this card, he or she has committed a crime in the third degree.

Assault firearms are a different story in the state of New Jersey. Any person who has an assault firearm in their possession is guilty of a second degree crime. The only way the person would not be in violation of the law is if the firearm was licensed and registered or has been rendered inoperable.

Any person convicted of a crime under these laws will become ineligible for any program with intense supervision unless the law broken involved a handgun that was not a spring gun or an air gun.

Any person convicted of a crime under these laws will receive a prison sentence handed down by the court. The sentence is to include a minimum term that does not include parole. Parole ineligibility is set to a minimum term of five years.

Source: New Jersey Legislature, “AN ACT concerning unlawful possession of firearms and amending N.J.S.2C:39-5 and N.J.S.2C:43-6,” accessed March 31, 2017