South Jersey Laws
Possession of Weapons for an Unlawful Purpose
New Jersey Statutes Annotated 2C:39-4: Possession of weapons for unlawful purposes


A person may not have in their possession any:

  • Firearm;
  • Explosive substance;
  • Destructive device; or
  • Other weapon;
With a purpose to use it unlawfully against the person or property of another.

A person may not have in their possession any:
  • Imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose.


Second degree crime
This is a crime of the second degree when it involves a:

  • Firearm;
  • Explosive substance; or
  • Destructive device.

Second degree crimes are punishable by:
  • Imprisonment for five to ten years;
  • A fine of up to $150,000; or
  • Both.

Third degree crime
This constitutes a crime of the third degree when it involves a:

  • Weapon other than a firearm.

Third degree crimes are punishable by:
  • Imprisonment for three to five years;
  • A fine of up to $15,000; or
  • Or both.

Fourth degree crime
This constitutes a crime of the fourth degree when it involves an:

  • Imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose.

Fourth degree crimes are punishable by:
  • Imprisonment for up to eighteen months;
  • A fine of up to $10,000; or
  • Both
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