What is NJ 2C:39-3 Prohibited Weapons and Devices?

Under New Jersey law, N.J.S.A. 2C:39-3 makes it illegal to knowingly possess certain weapons and devices. These prohibited items include destructive devices, sawed-off shotguns, silencers, defaced firearms, certain knives, hollow-point ammunition, and large capacity magazines. But the law has important exceptions for law enforcement, military personnel, and specific collectors with proper licenses.

At Lustberg Law Offices, LLC, Bergen County gun crime lawyer Adam M. Lustberg defends clients throughout New Jersey facing weapons charges. Whether you’re charged in Hackensack, Fort Lee, or anywhere in Bergen County, our firm can investigate your case and work to protect your rights. 

This guide explains which weapons are prohibited under 2C:39-3, the penalties for different offenses, exceptions that may apply to your case, and the defenses our firm uses to challenge these charges.

Facing a weapons charge under N.J.S.A. 2C:39-3? Don’t risk your future, call Lustberg Law Offices, LLC today at (201) 880-5311 for a free, confidential consultation. We’re available 24/7 to help you protect your rights.

What Weapons Are Prohibited Under NJ 2C:39-3?

New Jersey law bans specific weapons and devices based on their potential danger to public safety. The statute categorizes these items by subsection, and each carries different criminal penalties.

Third-Degree Prohibited Items

Third-degree prohibited items under N.J.S.A. 2C:39-3 include destructive devices, sawed-off shotguns, bump stocks/trigger cranks, covert or undetectable firearms (and certain container-fired firearms), and unserialized firearms/frames or receivers.

• Destructive devices include bombs, grenades, mines, rockets, missiles, or any similar device. Under N.J.S.A. 2C:39-1, a destructive device contains explosive, incendiary, or poison gas materials designed to cause death or serious injury. Possession is a third-degree crime.
• Sawed-off shotguns are shotguns with barrels less than 18 inches long or an overall length under 26 inches. Any knowing possession violates the statute and carries third-degree penalties.
• Bump stocks and trigger cranks, which simulate automatic fire, are banned under 2C:39-3(l) and classified as third-degree crimes.
• Covert or undetectable firearms, including guns made with materials that evade metal detectors or X-ray machines, and those disguised in containers (e.g., briefcase guns), are prohibited under 2C:39-3(n) and (o).
• Unserialized firearms, frames, or receivers, also known as “ghost guns,” are prohibited under 2C:39-3(p) unless properly registered or marked per ATF requirements.

Key Takeaway: Third-degree weapons crimes in New Jersey carry 3 to 5 years in prison and up to $15,000 in fines. Destructive devices and sawed-off shotguns are treated as the most serious prohibited weapons under this statute, but newer firearm components like bump stocks and ghost gun parts also carry serious penalties.

Fourth-Degree Prohibited Items

The statute lists multiple weapons that result in fourth-degree charges:

• Silencers. Any device designed to muffle or silence firearm discharge is illegal. Even possession without attachment to a firearm violates the law.
• Defaced firearms. Firearms with removed, altered, or obliterated serial numbers are prohibited. Antique firearms and antique handguns are exempt from this provision.
• Certain weapons. This category includes gravity knives, switchblades, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cestus (a hand covering with metal spikes), leather bands studded with metal, razors embedded in wood, and ballistic knives. You must possess these “without any explainable lawful purpose” for a conviction.
• Dum-dum or armor-piercing ammunition. Hollow-point bullets are illegal for most civilians. The law also bans armor-piercing ammunition unless you hold a valid Collector of Curios and Relics License from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
• Improper possession of handcuffs is a disorderly persons offense under N.J.S.A. 2C:39-3(k) when possessed under circumstances not manifestly appropriate for lawful use.
• Large capacity ammunition magazines. In New Jersey, a ‘large capacity ammunition magazine’ generally means a magazine capable of holding more than 10 rounds (with limited statutory exceptions).

Prohibited Weapon/Device	Degree	Prison Sentence	Fine
Destructive devices	Third	3-5 years	Up to $15,000
Sawed-off shotguns	Third	3-5 years	Up to $15,000
Silencers	Fourth	Up to 18 months	Up to $10,000
Defaced firearms	Fourth	Up to 18 months	Up to $10,000
Switchblades, daggers, brass knuckles	Fourth	Up to 18 months	Up to $10,000
Hollow-point ammunition	Fourth	Up to 18 months	Up to $10,000
Large capacity magazines	Fourth	Up to 18 months	Up to $10,000

Key Takeaway: Fourth-degree weapons charges carry up to 18 months in prison and $10,000 in fines. However, some fourth-degree firearms offenses, like possession of a defaced firearm, can trigger Graves Act mandatory minimums. Graves Act exposure depends on the specific charge and subsection.

What Are the Penalties for Violating 2C:39-3?

Penalties depend on the degree of the crime and whether the Graves Act applies. The Graves Act imposes mandatory prison sentences for certain firearm offenses, with strict parole ineligibility.

For third-degree crimes, you face 3 to 5 years in New Jersey State Prison. Fines can reach $15,000. While third-degree crimes do not always carry a presumption of incarceration, weapons offenses often result in prison time.

For fourth-degree crimes, you face up to 18 months in prison and fines up to $10,000. Fourth-degree crimes typically do not carry a presumption of incarceration, but gun-related offenses are treated differently.

How the Graves Act Affects Sentencing

The Graves Act, N.J.S.A. 2C:43-6, requires mandatory minimum prison terms for certain weapons offenses. If convicted under the Graves Act, you must serve at least one-third to one-half of your sentence before becoming eligible for parole, and judges have limited discretion to waive this requirement.

The Bergen County Prosecutor’s Office requires a “Graves waiver” to depart from mandatory sentences. Without a waiver, even first-time offenders face years in prison. Prosecutors consider factors like criminal history, the circumstances of the offense, and whether the weapon was loaded or used in another crime.

Key Takeaway: The Graves Act eliminates judicial discretion in most gun cases. You may serve years in prison before parole eligibility, even on a first offense. A Graves waiver from the prosecutor is critical to avoiding mandatory prison time.

Gun Crime Lawyer in New Jersey – Lustberg Law Offices, LLC

Who Is Exempt From 2C:39-3?

The statute includes several exceptions for individuals whose jobs or circumstances justify possessing otherwise prohibited weapons. Understanding these exemptions is essential to mounting a defense.

Law Enforcement and Military Exceptions

Members of the Armed Forces, National Guard, and law enforcement officers are exempt while on duty or traveling to or from authorized duty, provided possession is authorized under applicable laws or military orders. Law enforcement officers also have special exemptions when they confiscate prohibited weapons as evidence, provided they notify supervisors promptly.

Off-duty law enforcement officers may possess large capacity magazines holding up to 17 rounds. The statute does not extend this exemption to retired officers unless they meet specific requirements under other statutes.

Collector Exemptions

Licensed collectors of firearms or ammunition as curios or relics under Title 18, United States Code, Section 921(a)(13) may possess armor-piercing ammunition. They must hold a valid Collector of Curios and Relics License issued by the ATF. Collectors may possess no more than three examples of each distinctive variation, including different head stamps, compositions, designs, or colors.

Home Storage of Hollow-Point Ammunition

Civilians may keep hollow-point ammunition at their dwelling, premises, or other land they own or possess. They may also transport such ammunition from the place of purchase to their property. However, carrying hollow-point ammunition outside your property generally violates the statute unless you fall under another exception.

Private Security and Firearms Dealers

Guards employed by private security companies licensed to carry firearms may possess nightsticks while performing official duties, provided they complete a Police Training Commission-approved training course. Licensed retail or wholesale firearms dealers may possess prohibited ammunition or large capacity magazines at their licensed premises for sale to other dealers, the Armed Forces, the National Guard, or law enforcement agencies. They must maintain detailed records and forward copies to the Superintendent of the Division of State Police within 48 hours.

Key Takeaway: Exemptions exist for military, law enforcement, licensed collectors, and certain professionals. If you possess a prohibited weapon for a lawful purpose under one of these exceptions, you may have a complete defense to the charge.

What Must the Prosecutor Prove for a Conviction?

To convict you under N.J.S.A. 2C:39-3, the Bergen County Prosecutor’s Office must prove three elements beyond a reasonable doubt at Bergen County Superior Court in Hackensack. These elements apply to every charge under this statute.

Element 1: The Item Is a Prohibited Weapon or Device

The prosecution must establish that the item in your possession falls within one of the prohibited categories. This often requires expert testimony identifying the weapon as, for example, a sawed-off shotgun, silencer, or hollow-point ammunition. Physical evidence is submitted to the court.

Element 2: You Possessed the Item

Prosecutors can prove possession through actual possession or constructive possession. Actual possession means the item was found on your person and you knew what it was. Constructive possession means you did not physically possess the item, but you knew where it was and had control over it.

Joint possession is another theory. If a weapon is found in a shared space like a vehicle or apartment, prosecutors may argue that multiple people jointly possessed it.

Element 3: You Acted Knowingly

You must have known you possessed the prohibited item. New Jersey law presumes you did not possess a required license or permit, so the burden shifts to you to prove an exemption applies.

For weapons that require “any explainable lawful purpose” (like switchblades or brass knuckles), prosecutors must prove you lacked any legitimate reason for possession. This element gives defense attorneys room to challenge the charge.

Key Takeaway: The prosecution must prove you knowingly possessed a specific prohibited weapon. If they cannot establish all three elements beyond a reasonable doubt, you cannot be convicted.

What Defenses Are Available for 2C:39-3 Charges?

Even though these charges are aggressively prosecuted, experienced defense attorneys can challenge the evidence, suppress illegally obtained items, and negotiate alternatives to conviction

Unlawful Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If police searched your vehicle, home, or person without a warrant, probable cause, or your consent, any evidence found may be suppressed. Bergen County gun crime lawyers file motions to suppress evidence when police violate constitutional rights.

Courts in New Jersey scrutinize warrantless searches. Police must have reasonable suspicion for traffic stops and probable cause for vehicle searches. If the stop was pretextual or the search exceeded legal bounds, the weapon may be excluded from evidence.

Challenging Constructive Possession

If the weapon was not found on your person, prosecutors must prove you had knowledge and control. In cases involving shared vehicles or residences, defense attorneys argue that other people had equal or greater access to the weapon. The prosecution cannot simply assume possession based on proximity.

Exemptions and Lawful Purpose

If you fall under one of the statutory exemptions, you have a complete defense. Defense attorneys gather evidence of your status as a collector, law enforcement officer, or other exempt category. For weapons requiring “explainable lawful purpose,” attorneys present testimony about legitimate uses.

Pre-Trial Intervention (PTI)

Pre-Trial Intervention allows first-time offenders to complete a supervised program instead of facing trial. For eligible third- or fourth-degree charges, you may apply for PTI, but admission typically requires prosecutor consent (along with PTI program and court processes). For second-degree charges, PTI requires the prosecutor’s recommendation. Successful completion results in dismissed charges with no conviction.

Negotiating a Graves Waiver

A Graves waiver from the prosecutor can eliminate mandatory prison time. Defense attorneys present mitigating factors like no prior criminal record, lawful gun ownership in other contexts, lack of intent to use the weapon unlawfully, and cooperation with law enforcement. Prosecutors have discretion to recommend waivers based on the totality of circumstances.

Key Takeaway: Defenses to 2C:39-3 charges include challenging the legality of the search, disputing possession, proving lack of knowledge, establishing an exemption, and negotiating alternatives like PTI or a Graves waiver. An experienced attorney can identify which defenses apply to your case.

How Do 2C:39-3 Charges Affect Your Future?

A conviction under this statute creates a permanent criminal record with long-term consequences beyond prison time and fines. These collateral consequences can affect your life for years after you complete your sentence.

• Employment impact. Many employers conduct background checks and may refuse to hire individuals with criminal convictions, especially for indictable weapons offenses.
• Housing restrictions. Landlords often deny rental applications based on criminal history. Public housing agencies may disqualify applicants with weapons convictions.
• Firearm rights. A conviction can seriously restrict or eliminate your ability to lawfully purchase or possess firearms under New Jersey law, and some convictions can also create federal firearms disabilities.
• Immigration consequences. Non-citizens convicted of weapons offenses may face deportation, denial of citizenship, or inadmissibility. Non-citizens should take weapons charges extremely seriously: certain firearms convictions can trigger removal or inadmissibility under federal immigration law. You should speak with an immigration attorney about the specific charge and record of conviction.
• Professional licenses. Doctors, lawyers, nurses, teachers, and other licensed professionals face discipline from licensing boards. A weapons conviction may result in suspension or revocation of your license.
• Education opportunities. Colleges and universities may deny admission or financial aid based on criminal convictions. Students currently enrolled may face suspension or expulsion.

Key Takeaway: A 2C:39-3 conviction carries lifetime consequences beyond prison. You lose your right to own guns, face employment barriers, and may lose professional licenses. Fighting these charges with an experienced attorney is critical to protecting your future.

Get Help from a Bergen County Gun Crime Attorney

Facing charges under N.J.S.A. 2C:39-3 puts your freedom and future at risk. These are serious felony charges that carry mandatory prison time under the Graves Act, and a conviction creates a permanent criminal record that affects employment, housing, and your right to own firearms.

Adam M. Lustberg has defended clients in New Jersey for over 20 years. At Lustberg Law Offices, LLC, our gun crime lawyers handle cases at Bergen County Superior Court in Hackensack and throughout New Jersey. We challenge illegal searches, negotiate Pre-Trial Intervention, fight for Graves Act waivers, and take cases to trial when necessary. Our firm has successfully defended clients against possession of prohibited weapons charges, achieving dismissals, downgrades, and acquittals.

Call Lustberg Law Offices, LLC at (201) 880-5311 for a free consultation. Our office is located at One University Plaza Dr, Suite 212, Hackensack, NJ 07601, just steps from Bergen County Superior Court. We serve clients throughout Bergen County and New Jersey. We are available 24/7 to answer your questions and begin building your defense.