Criminal Articles from NJLaws Website and Be Not Guilty: C: – .
2C 39 3 Weapon charges in criminal court Criminal and Motor vehicle violations can be you If convicted of a criminal offense you could face Jail Sentence and loss of Job You will take to pay fines in court or receive points on your drivers license An assemblage of too many points or certain moving violations may ask you to pay expensive surcharges to the N J DMV Division of Motor Vehicles or have your license suspended Don t make up The Law Power of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations Kenneth Vercammen is the Middlesex County Bar Municipal Court Attorne
of the Year 2C 39 3 Weapon charges in criminal courtKenneth Vercammen s Law office represents individuals charged from criminal and serious traffic violations throughout New Jersey 2C 39 3 Prohibited Weapons and Devices a Destructive devices Any mortal who knowingly has in his possession any destructive device is guilty of a crime of the third degree b Sawed off shotguns Any mortal who knowingly has in his possession any sawed off shotgun is guilty of a crime of the third degree c Silencers Any mortal who knowingly has in his possession any firearm silencer is guilty of a crime of the 4th degree d Defaced firearms Any mortal who knowingly has in his possession any firearm which has been defaced except an antique firearm or an antique handgun is guilty of a crime of the 4th degree e Certain weapons Any mortal who knowingly has in his possession any gravity knife switchblade knife dagger dirk stiletto billy blackjack metal knuckle sandclub slingshot cestus or similar leather band studded with metal filings or razor blades imbedded in wood ballistic knife without any explainable lawful purpose is guilty of a crime of the 4th degree f Dum dum or body armor penetrating bullets 1 Any person other than a law enforcement officer or persons engaged in activities pursuant to subsection f of N J S 2C 39 6 who knowingly has in his possession any hollow nose or dum dum bullet or 2 any person other than a collector of firearms or ammunition as curios or relics as outlined in Title 18 United States Code section 921 a 13 and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol Tobacco and Firearms who knowingly has in his possession any body armor breaching or penetrating ammunition which means a ammunition primarily designed for use in a handgun and b which is comprised of a bullet whose core or jacket if the cap is thicker than 025 of an inch is made of tungsten carbide or hard bronze or other material which is harder than a valuation of 72 or greater on the Rockwell B Hardness Scale and c is thus capable of breaching or penetrating body armor is guilty of a crime of the 4th degree For purposes of this section a collector may have not more than three examples of each distinctive variation of the ammunition described above A distinctive variation includes a different head stamp composition design or color g Exceptions 1 Nothing in subdivision a b c d e f j or k of this subdivision shall give to any member of the Armed Forces of the United States or the Home Guard or except as otherwise provided to any law enforcement officer while actually on duty or travel to or from an authorized place of duty provided that his ownership of the prohibited weapon or device has been duly authorized under the applicable laws regulations or military or law enforcement orders Nothing in subsection h of this subdivision shall give to any law enforcement officer who is exempted from the commissariat of that subsection by the Attorney General Nothing in this subdivision shall give to the possession of any weapon or device by a law enforcement officer who has confiscated seized or otherwise taken ownership of said weapon or device as grounds of the direction of a crime or because he believed it to be possessed illegally by the person from whom it was taken provided that said law enforcement officer promptly notifies his superiors of his ownership of such prohibited weapon or device 2 a Nothing in subsection f 1 shall be construed to keep a soul from holding such ammunition at his dwelling premises or other state owned or obsessed by him or from carrying such ammunition from the office of buy to said dwelling or land nor shall subsection f 1 be construed to prevent any licensed retail or wholesale firearms dealer from possessing such ammunition at its licensed premises provided that the seller of any such ammunition shall keep a disc of the name age and position of abode of any purchaser who is not a licensed dealer together with the appointment of sale and quantity of ammunition sold b Nothing in subsection f 1 shall be construed to prevent a designated employee or designated permissiond agent for a nuclear power plant under the license of the Nuclear Regulatory Commission from possessing hollow nose ammunition while in the actual performance of his official duties if the federal licensee certifies that the designated employee or designated licensed agent is assigned to do site protection guard armed response or armed escort duties and is appropriately trained and qualified as prescribed by federal regulation to perform those duties 3 Nothing in paragraph 2 of subsection f or in subsection j shall be construed to forbid any licensed retail or wholesale firearms dealer from possessing that ammunition or large capacity ammunition magazine at its licensed premises for sale or disposition to another licensed dealer the Armed Forces of the United States or the Home Guard or to a law enforcement agency provided that the seller maintains a disk of any sale or disposition to a law enforcement agency The register shall include the name of the purchasing agency together with written authorization of the head of law or highest ranking official of the agency the list and place of the purchasing law enforcement officer if applicable and the date time and sum of ammunition sold or otherwise disposed A transcript of this book shall be forwarded by the vendor to the Overseer of the Division of State Police within 48 hours of the sale or disposition 4 Nothing in subsection a of this subdivision shall be construed to apply to antique cannons as exempted in subsection d of N J S 2C 39 6 5 Nothing in subsection c of this subdivision shall be construed to use to any individual who is specifically identified in a special deer management permit issued by the Partition of Fish and Wildlife to use a firearm silencer as percentage of an alternative deer control method implemented in conformity with a special deer management permit issued pursuant to part 4 of P L 2000 c 46 C 23 4 42 6 while the soul is in the real operation of the permitted alternative deer control method and while leaving to and from the spot where the permitted alternative deer control method is being utilized This exception shall not however otherwise apply to any individual to clear the buy or ownership of a firearm silencer h Stun guns Any mortal who knowingly has in his possession any stun gun is guilty of a crime of the fourth degree i Nothing in subsection e of this subdivision shall be construed to foreclose any safety in the use of a private security company who is commissioned to take a firearm from the possession of a nightstick when in the real operation of his official duties provided that he has satisfactorily completed a training course approved by the Police Training Mission in the use of a nightstick j Any mortal who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the soul has registered an assault firearm pursuant to section 11 of P L 1990 c 32 C 2C 58 12 and the magazine is retained and exploited in association with participation in competitive shooting matches sanctioned by the Manager of Civilian Marksmanship of the United States Section of the Army k Handcuffs Any mortal who knowingly has in his possession handcuffs as defined in P L 1991 c 437 C 2C 39 9 2 under circumstances not manifestly appropriate for such legitimate uses as handcuffs may have is guilty of a disorderly persons offense A law enforcement officer shall confiscate handcuffs possessed in violation of the law Amended 1979 c 179 s 2 1983 c 58 s 1 1983 c 479 s 2 1985 c 360 s 2 1987 c 228 s 2 1989 c 11 1990 c 32 s 10 1991 c 437 s 1 1999 c 233 s 2 2000 c 46 s 5 2003 c 168 s 1 2C 39 4 Possession of weapons for improper purposes 2C 39 4 Possession of weapons for improper purposes a Firearms Any person who has in his possession any firearm with a function to use it unlawfully against the soul or holding of another is guilty of a crime of the 2nd degree b Explosives Any individual who has in his possession or carries any explosive substance with a determination to use it unlawfully against the soul or place of another is guilty of a crime of the 2nd degree c Destructive devices Any soul who has in his possession any destructive device with a purpose to use it unlawfully against the person or place of another is guilty of a crime of the 2nd degree d Other weapons Any person who has in his possession any weapon except a firearm with a purpose to use it unlawfully against the individual or property of another is guilty of a crime of the 3rd degree e Imitation firearms Any individual who has in his possession an imitation firearm under circumstances that would go an observer to reasonably believe that it is possessed for an improper use is guilty of a crime of the 4th degree Amended 1979 c 179 s 3 1989 c 120 s 2 2C 39 4 1 Weapons controlled dangerous substances and other offenses penalties 2C 39 4 1 Weapons controlled dangerous substances and other offenses penalties 1 a Any individual who has in his possession any firearm while in the form of committing attempting to commit or conspiring to give a rape of N J S 2C 35 3 N J S 2C 35 4 N J S 2C 35 5 section 3 or section 5 of P L 1997 c 194 C 2C 35 5 2 or 2C 35 5 3 N J S 2C 35 6 section 1 of P L 1987 c 101 C 2C 35 7 section 1 of P L 1997 c 327 C 2C 35 7 1 N J S 2C 35 11 or N J S 2C 16 1 is guilty of a crime of the 2nd degree b Any individual who has in his possession any weapon except a firearm with a determination to use such weapon unlawfully against the soul or place of another while in the form of committing attempting to commit or conspiring to commit a trespass of N J S 2C 35 3 N J S 2C 35 4 N J S 2C 35 5 section 3 or 5 of P L 1997 c 194 C 2C 35 5 2 or 2C 35 5 3 N J S 2C 35 6 section 1 of P L 1987 c 101 C 2C 35 7 section 1 of P L 1997 c 327 C 2C 35 7 1 N J S 2C 35 11 or N J S 2C 16 1 is guilty of a crime of the second degree c Any individual who has in his possession any weapon except a firearm under circumstances not manifestly appropriate for such lawful uses as the arm may have while in the course of committing attempting to commit or conspiring to commit a violation of N J S 2C 35 3 N J S 2C 35 4 N J S 2C 35 5 section 3 or section 5 of P L 1997 c 194 C 2C 35 5 2 or 2C 35 5 3 N J S 2C 35 6 section 1 of P L 1987 c 101 C 2C 35 7 section 1 of P L 1997 c 327 C 2C 35 7 1 N J S 2C 35 11 or N J S 2C 16 1 is guilty of a crime of the second degree d Notwithstanding the commissariat of N J S 2C 1 8 or any other provision of law a conviction arising under this section shall not mix with a sentence for a usurpation of any of the sections of chapter 35 or chapter 16 referred to in this section nor shall any conviction under those sections merge with a conviction under this section Notwithstanding the provisions of N J S 2C 44 5 or any other provision of law the sentence imposed upon a rape of this part shall be arranged to be served consecutively to that imposed for any sentence for a violation of any of the sections of chapter 35 or chapter 16 referred to in this section or a conviction for conspiracy or try to break any of those sections e Nothing herein shall be deemed to preclude if the evidence so warrants an indictment and condemnation for a violation of N J S 2C 39 4 or N J S 2C 39 5 or any other provision of law f Nothing herein shall keep the court from also imposing enhanced punishments pursuant to N J S 2C 35 8 section 2 of P L 1997 c 117 C 2C 43 7 2 or any other provision of law or an extended term L 1998 c 26 s 1 amended 2001 c 443 s 4 2C 39 5 Unlawful possession of weapons 2C 39 5 Unlawful Possession of Weapons a Machine guns Any person who knowingly has in his ownership a machine gun or any instrument or device adaptable for use as a machine gun without being licensed to do so as provided in N J S 2C 58 5 is guilty of a crime of the third degree b Handguns Any mortal who knowingly has in his possession any handgun including any antique handgun without first having obtained a license to transport the like as provided in N J S 2C 58 4 is guilty of a crime of the 3rd degree c Rifles and shotguns 1 Any mortal who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in conformity with the commissariat of N J S 2C 58 3 is guilty of a crime of the 3rd degree 2 Unless otherwise permitted by law any mortal who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree d Other weapons Any mortal who knowingly has in his possession any other arm under circumstances not manifestly appropriate for such legitimate uses as it may take is guilty of a crime of the 4th degree e Firearms or other weapons in educational institutions 1 Any individual who knowingly has in his possession any firearm in or upon any portion of the buildings or grounds of any school college university or other educational institution without the written sanction of the governing officer of the institution is guilty of a crime of the third degree irrespective of whether he possesses a valid permit to carry the piece or a valid firearms purchaser identification card 2 Any individual who knowingly possesses any weapon enumerated in paragraphs 3 and 4 of subsection r of N J S 2C 39 1 or any components which can readily be assembled into a piece or other weapon enumerated in subsection r of N J S 2C 39 1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have while in or upon any piece of the buildings or cause of any school college university or other educational institution without the written sanction of the governing officer of the establishment is guilty of a crime of the fourth degree 3 Any individual who knowingly has in his possession any imitation firearm in or upon any section of the buildings or grounds of any school college university or other educational institution without the written sanction of the governing officer of the institution or while on any school bus is a disorderly person irrespective of whether he possesses a valid permit to take a piece or a valid firearms purchaser identification card f Assault firearms Any individual who knowingly has in his possession an assault firearm is guilty of a crime of the third degree except if the assault firearm is licensed pursuant to N J S 2C 58 5 registered pursuant to section 11 of P L 1990 c 32 C 2C 58 12 or rendered inoperable pursuant to section 12 of P L 1990 c 32 C 2C 58 13 g 1 The temporary possession of a handgun rifle or shotgun by a person receiving possessing carrying or using the handgun rifle or shotgun under the provisions of part 1 of P L 1992 c 74 C 2C 58 3 1 shall not be considered unlawful possession below the provisions of subsection b or c of this section 2 The temporary possession of a firearm by a person receiving possessing carrying or using the firearm under the viands of part 1 of P L 1997 c 375 C 2C 58 3 2 shall not be considered unlawful possession under the provisions of this section Amended 1979 c 179 s 4 1990 c 32 s 2 1992 c 74 s 2 1992 c 94 s 1 1995 c 389 1997 c 375 s 2 2C 39 6 Exemptions 2C 39 6 a Provided a person complies with the requirements of subsection j of this section N J S 2C 39 5 does not use to 1 Members of the Armed Forces of the United States or of the Home Guard while actually on duty or while traveling between places of responsibility and carrying authorized weapons in the manner ordained by the appropriate military authorities 2 Federal law enforcement officers and any other federal officers and employees needed to bear firearms in the performance of their official duties 3 Members of the State Police and under conditions prescribed by the superintendent members of the Marine Law Enforcement Agency of the Partition of State Police 4 A sheriff undersheriff sheriff s officer county prosecutor assistant prosecutor prosecutor s detective or investigator deputy attorney general or State investigator employed by the Part of Criminal Justice of the Department of Law and Public Safety investigator employed by the State Commission of Investigation inspector of the Alcoholic Beverage Control Enforcement Agency of the Part of State Law in the Department of Law and Public Safety authorized to carry such weapons by the Overseer of State Police State park ranger or State conservation officer 5 A prison or jail warden of any penal institution in this Country or his deputies or an employee of the Department of Corrections engaged in the interstate transportation of convicted offenders while in the performance of his duties and when needed to have the arm by his superior officer or a correction officer or steward of a penal institution in this Country at all times while in the Province of New Jersey provided he annually passes an examination approved by the superintendent testing his proficiency in the handling of firearms 6 A civilian employee of the United States Government under the oversight of the commanding officer of any post camp station base or former military or naval installation located in this State who is required in the execution of his official duties to bear firearms and who is authorised to carry such firearms by said commanding officer while in the actual performance of his official duties 7 a A regularly employed member including a detective of the law department of any county or municipality or of any State interstate municipal or county park police power or boulevard police force at all times while in the Province of New Jersey b A particular law enforcement officer authorized to impart a weapon as provided in subsection b of section 7 of P L 1985 c 439 C 40A 14 146 14 c An airport security officer or a particular law enforcement officer appointed by the governing body of any county or municipality except as provided in subsection b of this section or by the commission board or other body having hold of a county park or airport or boulevard police force while occupied in the real performance of his official duties and when specifically authorized by the governing body to hold weapons 8 A full time paid member of a paid or part paid fire department or violence of any municipality who is assigned full time or part time to an arson investigation unit created pursuant to part 1 of P L 1981 c 409 C 40A 14 7 1 or to the county arson investigation unit in the county prosecutor s office while either engaged in the actual performance of arson investigation duties or while actually on visit to perform arson investigation duties and when specifically authorized by the governing body or the county prosecutor as the character may be to carry weapons Prior to being permitted to take a firearm such a member shall consider and successfully terminated a firearms training course administered by the Police Training Commission pursuant to P L 1961 c 56 C 52 17B 66 et seq and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm 9 A juvenile corrections officer in the employment of the Juvenile Justice Commission established pursuant to section 2 of P L 1995 c 284 C 52 17B 170 subject to the regulations promulgated by the commission 10 A designated employee or designated licensed agent for a nuclear power plant under license of the Nuclear Regulatory Commission while in the actual performance of his official duties if the federal licensee certifies that the designated employee or designated licensed agent is assigned to do site protection guard armed response or armed escort duties and is appropriately trained and qualified as prescribed by federal regulation to do those duties Any firearm utilized by an employee or broker for a nuclear power plant pursuant to this paragraph shall be returned each day at the end of the employee s or agent s authorized official duties to the employee s or agent s supervisor All firearms returned each day pursuant to this paragraph shall be stored in locked containers located in a strong area b Subsections a b and c of N J S 2C 39 5 do not give to 1 A law enforcement officer employed by a governmental agency outside of the Province of New Jersey while actually engaged in his official duties provided however that he has first notified the overseer or the primary law enforcement officer of the municipality or the prosecutor of the county in which he is engaged or 2 A licensed dealer in firearms and his registered employees during the form of their normal business while traveling to and from their order of patronage and other places for the use of demonstration exhibition or delivery in connection with a sale provided however that the weapon is carried in the manner specified in subsection g of this section c Provided a person complies with the requirements of subsection j of this section subsections b and c of N J S 2C 39 5 do not apply to 1 A particular agent of the Part of Taxation who has passed an exam in an approved police training program testing proficiency in the treatment of any firearm which he may be required to carry while in the real execution of his official duties and while leaving to or from his point of duty or any other police officer while in the real execution of his official duties 2 A State deputy conservation officer or a full time employee of the Part of Parks and Forestry having the power of arrest and authorised to stockpile weapons while in the actual performance of his official duties 3 Deleted by amendment P L 1986 c 150 4 A court attendant serving as such under appointment by the sheriff of the county or by the label of any municipal court or other court of this State while in the real performance of his official duties 5 A ward in the use of any railway express company banking or construction and loan or savings and loan institution of this State while in the real operation of his official duties 6 A member of a legally recognized military organization while actually under orders or while leaving to or from the prescribed range of confluence and carrying the weapons prescribed for drill exercise or parade 7 An officer of the Order for the Prevention of Harshness to Animals while in the actual performance of his duties 8 An employee of a public utilities corporation actually engaged in the exile of explosives 9 A railway policeman except a transit police officer of the New Jersey Transit Police Department at all times while in the Country of New Jersey provided that he has passed an approved police academy training program consisting of at least 280 hours The training program shall include but want not be modified to the handling of firearms community relations and juvenile relations 10 A campus police officer appointed under P L 1970 c 211 C 18A 6 4 2 et seq at all times Prior to being permitted to take a firearm a campus police officer shall make and successfully complete a firearms training course administered by the Police Training Commission pursuant to P L 1961 c 56 C 52 17B 66 et seq and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to transmit a firearm 11 Deleted by amendment P L 2003 c 168 12 A transit police officer of the New Jersey Transit Police Department at all times while in the State of New Jersey provided the policeman has satisfied the training requirements of the Police Training Commission pursuant to subsection c of part 2 of P L 1989 c 291 C 27 25 15 1 13 A parole officer employed by the State Parole Board at all times Prior to being permitted to take a firearm a parole officer shall consider and successfully terminated a basic course for regular police officer training administered by the Police Training Commission pursuant to P L 1961 c 56 C 52 17B 66 et seq and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to hold a firearm 14 A Human Services police officer at all times while in the State of New Jersey as authoritative by the Commissioner of Human Services 15 A soul or employee of any individual who pursuant to and as needed by a compact with a governmental entity supervises or transports persons charged with or convicted of an offense 16 A housing authority police officer appointed under P L 1997 c 210 C 40A 14 146 19 et al at all times while in the State of New Jersey or 17 A probation officer assigned to the Probation Officer Community Safety Unit created by section 2 of P L 2001 c 362 C 2B 10A 2 while in the real performance of the probation officer s official duties Prior to being permitted to carry a firearm a probation officer shall have and successfully complete a basic course for regular police officer training administered by the Police Training Commission pursuant to P L 1961 c 56 C 52 17B 66 et seq and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm d 1 Subsections c and d of N J S 2C 39 5 do not apply to antique firearms provided that such antique firearms are unloaded or are being dismissed for the purposes of exhibition or demonstration at an authorized target range or in such other manner as has been approved in composition by the main law enforcement officer of the municipality in which the exhibition or demonstration is held or if not held on property under the control of a special municipality the superintendent 2 Subsection a of N J S 2C 39 3 and subsection d of N J S 2C 39 5 do not apply to an antique cannon that is subject of being fired but that is unloaded and immobile provided that the antique cannon is possessed by a a scholastic institution a museum a municipality a county or the State or b a mortal who obtained a firearms purchaser identification card as specified in N J S 2C 58 3 3 Subsection a of N J S 2C 39 3 and subsection d of N J S 2C 39 5 do not give to an unloaded antique cannon that is being transported by one eligible to have it in compliance with regulations the superintendent may promulgate between its permanent location and order of purchase or repair 4 Subsection a of N J S 2C 39 3 and subsection d of N J S 2C 39 5 do not apply to antique cannons that are being wealthy or dismissed by one eligible to possess an antique cannon for purposes of exhibition or demonstration at an authorized target range or in the way as has been approved in composition by the primary law enforcement officer of the municipality in which the expo or manifestation is held or if not held on property under the master of a particular municipality the superintendent provided that performer has given at least 30 days notice to the superintendent 5 Subsection a of N J S 2C 39 3 and subsection d of N J S 2C 39 5 do not apply to the transportation of unloaded antique cannons directly to or from exhibitions or demonstrations authorized under paragraph 4 of subsection d of this section provided that the transportation is in compliance with safety regulations the superintendent may promulgate Nor do those subsections apply to transportation directly to or from exhibitions or demonstrations authorized under the law of another jurisdiction provided that the superintendent has been given 30 days notice and that the fare is in compliance with safety regulations the superintendent may promulgate e Nothing in subsections b c and d of N J S 2C 39 5 shall be construed to keep a person holding or carrying about his set of business residence premises or other land owned or obsessed by him any firearm or from carrying the same in the manner specified in subsection g of this section from any place of leverage to his residence or set of business between his dwelling and his point of business between one place of business or residence and another when moving or between his dwelling or point of job and spot where such firearms are repaired for the use of repair For the purposes of this section a point of business shall be deemed to be a fixed location f Nothing in subsections b c and d of N J S 2C 39 5 shall be construed to prevent 1 A member of any rifle or pistol club organized in conformity with the rules prescribed by the National Board for the Advancement of Rifle Practice in passing to or from a space of target practice carrying such firearms as are necessary for said target practice provided that the club has filed a transcript of its charter with the super and annually submits a number of its members to the overseer and provided further that the firearms are carried in the manner specified in subsection g of this section 2 A person carrying a firearm or knife in the forest or fields or upon the waters of this State for the purpose of hunting target practice or fishing provided that the firearm or knife is sound and allow for hunting or fishing purposes in this Country and he has in his ownership a valid hunting license or with regard to clean water fishing a valid fishing license 3 A person transporting any firearm or knife while traveling a Directly to or from any order for the purpose of hunting or fishing provided the soul has in his possession a valid hunting or fishing license or b Directly to or from any target range or other authorized place for the purpose of practice match target trap or skeet shooting exhibitions provided in all cases that during the form of the travel all firearms are carried in the manner specified in subsection g of this section and the individual has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder or c In the cause of a firearm directly to or from any exhibition or show of firearms which is sponsored by any law enforcement agency any rifle or pistol club or any firearms collectors club for the use of displaying the firearms to the public or to the members of the establishment or club provided however that not less than 30 years prior to the exhibition or display notice of the expo or display shall be disposed to the Superintendent of the Commonwealth Law by the sponsoring organization or club and the shop has complied with such reasonable safety regulations as the superintendent may promulgate Any firearms transported pursuant to this part shall be transported in the manner specified in subsection g of this section 4 A person from keeping or carrying around a secret or commercial aircraft or any boat or from transporting to or from such vessel for the purpose of installation or fixing a visual distress signaling device approved by the United States Coast Guard g All weapons being transported under paragraph 2 of subsection b subsection e or paragraph 1 or 3 of subsection f of this part shall be carried unloaded and contained in a closed and fastened case gunbox securely tied package or locked in the body of the automobile in which it is being transported and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances h Nothing in subsection d of N J S 2C 39 5 shall be construed to forestall any employee of a public utility as outlined in R S 48 2 13 doing business in this State or any United States Postal Service employee while in the actual performance of duties which specifically require regular and frequent visits to private premises from possessing carrying or using any device which projects releases or emits any substance specified as being noninjurious to canines or other animals by the Commissioner of Wellness and Senior Services and which immobilizes only on a temp basis and produces only temporary physical discomfort through being vaporized or otherwise dispensed in the air for the only use of repelling canine or other animal attacks The device shall be used only to drive only those canine or other animal attacks when the canines or other animals are not restrained in a manner sufficient to leave the employee to properly perform his duties Any device used pursuant to this act shall be selected from a number of products which comprise of active and inert ingredients permitted by the Commissioner of Health and Senior Services i Nothing in N J S 2C 39 5 shall be construed to prevent any individual who is 18 days of age or old and who has not been convicted of a felony from possession for the purpose of personal self defense of one pocket sized device which contains and releases not more than three quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury but rather is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air Any individual in ownership of any device in violation of this subdivision shall be deemed and adjudged to be a disorderly person and upon conviction thereof shall be punished by a ticket of not less than 100 00 j A person shall qualify for an immunity from the victuals of N J S 2C 39 5 as specified under subsections a and c of this section if the person has satisfactorily completed a firearms training course approved by the Police Training Commission Such exempt person shall not possess or take a firearm until the individual has satisfactorily completed a firearms training class and shall annually qualify in the use of a revolver or similar weapon For purposes of this subsection a firearms training course means a course of instruction in the good use maintenance and store of firearms which is sanctioned by the Police Training Commission The commission shall approve a firearms training course if the requirements of the course are substantially equivalent to the requirements for firearms training provided by police training courses which are certified under division 6 of P L 1961 c 56 C 52 17B 71 A person who is specified in paragraph 1 2 3 or 6 of subsection a of this subdivision shall be free from the requirements of this subsection k Nothing in subsection d of N J S 2C 39 5 shall be construed to forbid any financial institution or any duly authorized force of the institution from possessing carrying or exploitation for the shelter of money or property any device which projects releases or emits tear gas or other substances intended to get temporary physical discomfort or temporary identification l Nothing in subsection b of N J S 2C 39 5 shall be construed to keep a law enforcement officer who retired in good standing including a retirement because of a disability pursuant to division 6 of P L 1944 c 255 C 43 16A 6 section 7 of P L 1944 c 255 C 43 16A 7 section 1 of P L 1989 c 103 C 43 16A 6 1 or any substantially similar statute governing the disability retirement of union law enforcement officers provided the policeman was a regularly employed full time law enforcement officer for an aggregated of 5 or more years prior to his disability retirement and further provided that the disability which established the foundation for the officer s retirement did not require a certificate that the policeman was mentally incapacitated for the execution of his common law enforcement duties and any other available duty in the section which his employer was willing to ascribe to him or does not subject that retired officer to any of the disabilities set off in subsection c of N J S 2C 58 3 which would disqualify the retired officer from possessing or carrying a firearm who semi annually qualifies in the use of the pistol he is permitted to express in accordance with the requirements and procedures established by the Attorney General pursuant to subsection j of this part and pays the actual costs associated with those semi annual qualifications who is less than 70 days of age and who was regularly employed as a full time member of the Commonwealth Police a full time member of an interstate police force a full time member of a county or municipal police department in this State a full time member of a State law enforcement agency a full time sheriff undersheriff or sheriff s officer of a county of this State a full time State or county corrections officer a full time county park police officer a full time county prosecutor s detective or investigator or a full time federal law enforcement officer from carrying a handgun in the like way as law enforcement officers exempted under paragraph 7 of subsection a of this section under the conditions provided herein 1 The retired law enforcement officer within six months after retirement shall make application in composition to the Superintendent of State Law for approval to take a handgun for one year An application for annual renewal shall be submitted in the same manner 2 Upon reception of the written application of the retired law enforcement officer the superintendent shall request a verification of help from the primary law enforcement officer of the organization in which the retired officer was last regularly employed as a full time law enforcement officer prior to retiring The verification of service shall include a The figure and address of the retired officer b The engagement that the retired officer was hired and the engagement that the officer retired c A number of all handguns known to be registered to that officer d A statement that to the reasonable knowledge of the primary law enforcement officer the retired officer is not open to any of the restrictions set off in subsection c of N J S 2C 58 3 and e A statement that the officer retired in good standing 3 If the superintendent approves a retired officer s application or reapplication to take a handgun pursuant to the victuals of this subsection the superintendent shall notify in writing the chief law enforcement officer of the municipality wherein that retired officer resides In the case the retired officer resides in a municipality which has no chief law enforcement officer or law enforcement agency the superintendent shall hold a record of the approval 4 The superintendent shall return to an approved retired officer an identification card permitting the retired officer to take a handgun pursuant to this subsection This identification card shall be valid for one class from the date of issuance and shall be valid throughout the State The identification card shall not be assignable to any other person The identification card shall be carried at all times on the person of the retired officer while the retired officer is carrying a handgun The retired officer shall make the identification card for review on the need of any law enforcement officer or authority 5 Any person aggrieved by the defence of the superintendent of blessing for a licence to take a handgun pursuant to this subdivision may request a hearing in the Superior Court of New Jersey in the county in which he resides by filing a written request for such a hearing within 30 years of the denial Copies of the request shall be served upon the super and the county prosecutor The hearing shall be held within 30 years of the filing of the request and no formal pleading or filing fee shall be required Appeals from the purpose of such a hearing shall be in accordance with law and the rules governing the courts of this State 6 A justice of the Superior Court may overturn a retired officer s privilege to hold a handgun pursuant to this subsection for good cause shown on the covering of any interested person A person who becomes open to any of the disabilities set forth in subsection c of N J S 2C 58 3 shall surrender as prescribed by the superintendent his identification card issued under paragraph 4 of this subsection to the main law enforcement officer of the municipality wherein he resides or the superintendent and shall be permanently disqualified to take a pistol under this subsection 7 The superintendent may file a reasonable application fee to retired officers to cancel any costs associated with administering the application process set off in this subsection m Nothing in subsection d of N J S 2C 39 5 shall be construed to prevent duly authorized force of the New Jersey Division of Angle and Wildlife while in the real performance of duties from possessing transporting or using any device that projects releases or emits any substance specified as being non injurious to wildlife by the Conductor of the Part of Animal Health in the Section of Agriculture and which may immobilize wildlife and produces only temporary physical discomfort through being vaporized or otherwise dispensed in the air for the purpose of repelling bear or other animal attacks or for the aversive conditioning of wildlife n Nothing in subsection b c d or e of N J S 2C 39 5 shall be construed to prevent duly authorized personnel of the New Jersey Division of Pisces and Wildlife while in the actual execution of duties from possessing transporting or using hand held pistol like devices rifles or shotguns that launch pyrotechnic missiles for the only intention of frightening hazing or aversive conditioning of pain or depredating wildlife from possessing transporting or using rifles pistols or similar devices for the only use of chemically immobilizing wild or non domestic animals or provided the duly authorized person complies with the requirements of subsection j of this section from possessing transporting or using rifles or shotguns upon completion of a Police Training Commission approved training course in rank to dispatch injured or dangerous animals or for non lethal use for the determination of frightening hazing or aversive conditioning of pain or depredating wildlife Amended 1979 c 179 s 5 1979 c 332 s 8 1981 c 108 s 1 1981 c 219 s 1 1981 c 294 s 1 1981 c 409 s 2 1981 c 480 s 1 1981 c 511 s 4 1982 c 154 s 1 1982 c 173 s 1 1983 c 479 s 3 1983 c 552 1985 c 76 s 8 1985 c 150 s 1 1985 c 324 s 1 s 3 eff date amended 1986 c 64 1985 c 376 s 1 1985 c 439 s 13 s 15 eff date amended 1986 c 2 1986 c 150 ss 7 8 1987 c 139 1987 c 172 1989 c 291 s 4 1991 c 327 s 2 1991 c 386 s 3 1992 c 94 s 2 1993 c 246 s 2 1995 c 273 s 2 1995 c 280 s 21 1997 c 67 s 1 1997 c 210 s 6 1997 c 393 2001 c 79 s 15 2001 c 362 s 4 2003 c 168 s 2 Consequences of a Criminal Guilty Plea1 You will take to look in open court and tell the label what you did that makes you guilty of the particular offense s 2 Do you see that if you plead guilty a You will take a criminal recordb You may go to Jail or Prison c You will take to pay Fines and Court Costs 3 If you are on Probation you will give to present to random drug and urine testing If you violate Probation you often go to jail 4 In indictable matters you will be needed to offer a DNA sample which could be exploited by law enforcement for the investigation of criminal activity and pay for the price of testing 5 You must pay restitution if the tribunal finds there is a victim who has suffered a loss and if the tribunal finds that you are capable or will be able in the future to pay restitution 6 If you are a public office holder or employee you can be needed to sacrifice your position or job by virtue of your plea of guilty 7 If you are not a United States citizen or national you may be deported by merit of your plea of guilty 8 You must wait 5 10 days to strike a 1st offense 2C 52 39 You could be put on Probation 10 In Drug Cases a mandatory DEDR penalty of 500 1 000 and miss your driver s license for 6 months 2years You must pay a Law Enforcement Officers Training and Equipment Fund penalty of 30 11 You may be required to do Community Service 12 You must pay a minimum Violent Crimes Compensation Board assessment of 50 100 minimum if you are convicted of a crime of violence for each number to which you plead guilty 13 You must pay a 75 Safe Neighborhood Services Fund assessment for each conviction 14 If you are being sentenced to probation you must pay a fee of up to 25 per month for the term of probation 15 You miss the assumption against incarceration in future cases 2C 44 116 You may miss your good to vote The defense of a person charged with a criminal offence is not impossible There are a list of viable defenses and arguments which can be pursued to reach a successful result Advocacy commitment and perseverance are necessary to defending a client accused of a criminal offense Jail for Crimes and Disorderly Conduct If someone pleads Guilty or is found Guilty of a criminal offense the next is the statutory Prison Jail terms NJSA 2C 43 8 1 In the example of a crime of the low degree for a specific term of age which shall be set by the courtyard and shall be between 10 days and 20 years 2 In the example of a crime of the second degree for a particular condition of days which shall be fixed by the court and shall be between 5 days and 10 years 3 In the case of a crime of the 3rd degree for a particular condition of years which shall be set by the courtyard and shall be between three years and five years 4 In the example of a crime of the 4th degree for a specific term which shall be set by the courtyard and shall not exceed 18 months 2C 43 3 Fines have been increased recently 2C 43 3 Fines and Restitutions A soul who has been convicted of an offense may be sentenced to pay a fine to get restitution or both such fine not to exceed a 1 200 000 00 when the conviction is of a crime of the low degree 2 150 000 00 when the conviction is of a crime of the 2nd degree b 1 15 000 00 when the sentence is of a crime of the 3rd degree 2 10 000 00 when the sentence is of a crime of the fourth degree c 1 000 00 when the sentence is of a disorderly persons offense d 500 00 when the sentence is of a petty disorderly persons offense If facing any criminal charge retain an experienced attorney immediately to see you rights and obligations to the court Current criminal charge researched by Kenneth Vercammen Esq 732 572 0500FOR POTENTIAL CLIENTS TO CONTACT US DURING NON BUSINESS HOURS PLEASE Take OUT THE FORM First Name Last Name Email Cell Phone You must type a bracket around the country code This is the new spam filter created by Verizon If you do not type in the brackets the flesh cannot be sent through Town County of Violation Complaint Offenses Charged Facts Details Narrative Agree By typing agree into the box you are confirming that you want to post your data to the Law Office of Kenneth Vercammen Receive free NJ Laws Email newsletter with current laws and cases Telephone Consultation ProgramNew Article of the WeekMeet with an experienced Lawyer to handle your important legal needs Please visit the authority to schedule a confidential in Office consultation Kenneth Vercammen s Law office represents individuals charged with criminal drug offenses and serious traffic violations throughout New Jersey Our office helps people with traffic municipal court tickets including drivers charged with Driving While Intoxicated Refusal and Driving While Suspended Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Class and by chairman of the Middlesex County Municipal Prosecutor s Association Criminal and Motor vehicle violations can be you You will take to pay fines in court or receive points on your drivers license An accumulation of too many points or certain moving violations may take you to pay expensive surcharges to the N J DMV Division of Motor Vehicles or accept your license suspended Don t make up The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations When your job or driver s license is in peril or you are facing thousands of dollars in fines DMV surcharges and car insurance increases you need excellent legal representation The least expensive attorney is not ever the answer Schedule an engagement if you need experienced legal representation in a traffic municipal court matter Our site www benotguilty com provides information on traffic offenses we can be maintained to be people Our website also provides details on jail terms for traffic violations and car insurance eligibility points Car insurance companies increase rates or drop customers based on moving violations Providing 21 years of excellent help to clients Kenneth Vercammen has been a trial lawyer for more than 20 years You want to give an experienced attorney Contact the Law Office of Kenneth Vercammen amp Associates P C at 732 572 0500for an appointment The Law Office cannot provide legal advice or answer legal questions over the telephone or by email Please visit the Law office and schedule a secret in office consultation The Law Office now accepts payment by American Express Visa and Master Card copy Kenneth Vercammen amp Associates P C Last Revised September 9 2008 Posted by Kenneth Vercammen NJ Law Blog at 12 31 PM
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