South Jersey Laws
Unlawful Possession of Weapons
New Jersey Statutes Annotated 2C:39-5: Unlawful possession of weapons


A person may not knowingly possess, without the proper firearms identification card, licenses or permits:

  • A machine gun or any instrument or device adaptable for use as a machine gun;
  • Any handgun, including any antique handgun;
  • Any rifle or shotgun;
  • Any loaded rifle or shotgun;
  • Any assault firearm;
  • Any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have.

A person may not knowingly possess, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution, regardless of any firearms identification card, licenses or permits:
  • Any firearm;
  • Any weapon or any components which can readily be assembled into a firearm or other weapon or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have;
  • Any imitation firearm.


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

  • A machine gun or any instrument or device adaptable for use as a machine gun;
  • Any handgun, including any antique handgun;
  • Any rifle or shotgun;
  • Any loaded rifle or shotgun;
  • Any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card;
  • Any assault firearm.
Third degree crimes are punishable by:
  • Imprisonment for three to five years;
  • A fine of up to $15,000;
  • Both.

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

  • Any weapon or any components which can readily be assembled into a firearm or other weapon or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution;
  • Any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have.

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

Disorderly persons offense
This constitutes a disorderly persons offense when it involves:
  • Any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus.

Disorderly persons offenses are punishable by:
  • A term of imprisonment for up to six months;
  • A fine of up to $1,000; or
  • Both.


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