New Jersey Knife Laws
I own a military combat knife, similar to Carol`s knife in The Walking Dead, with metal knuckles. Is it legal for me to possess in New Jersey? I have no intention of taking him out of my house. If you use a knife for an illegal purpose in the state of New Jersey, you can be charged with “possession of a firearm for an illegal purpose” at N.J.S. 2C:39-4. This applies regardless of whether the knife is legal or illegal. If you are charged with this third-degree crime, you can spend 3 to 5 years in jail and receive a fine of up to $15,000. Since I believe that the knife has a spring aid, such a knife would be considered a weapon. Most people would agree that knives can be very dangerous instruments and have the ability to seriously injure and eventually kill a person. On the other hand, most citizens would also say that banning knives would be ridiculous. Knives can be found in almost every home and restaurant around the world and are rarely used to hurt or threaten anyone. Similarly, there are countless other common household items and items such as scissors, hammers, baseball bats, etc. that can be harmful if misused. So how can we weigh the usefulness and benefits of these items against the potential danger they pose? New Jersey has a certain perspective that is important for understanding whether you intend to buy, possess or use a knife and whether you want to avoid risking serious criminal gun charges.
On appeal, both convictions were quashed on the grounds that the knife was not a “weapon”. It was not among the knives listed in the legal definition of “weapon” and was not used or intended to be a weapon. As a result, an essential element of “armed robbery” – the use of a weapon for coercion purposes – was missing and the defendant did not in fact possess a “weapon” in manifestly inappropriate circumstances. Another approach to reduce the risk of 2C:39-5 violation. Illegal possession of weapons means avoiding having a “dangerous knife” in possession, which is mentioned in 2C:39-1. Definitions, but not defined. The courts have determined the use or intent to use it as a weapon as a test of what doesn`t make a knife a “dangerous knife” otherwise: At Tormey Law Firm, our gun defense attorneys regularly represent clients accused of violating New Jersey`s strict knife laws. We often defend people charged with illegal possession of a knife, possession of illegal knives, and possession or use of a knife for any illegal purpose. From our practice offices throughout New Jersey, including Hackensack, Morristown, Newark, Middletown and New Brunswick, we fight knife prosecutions in courts across the state. If you need help with a firearms with knives case, simply call (201)-614-2474 or contact us online to discuss your case with a lawyer. We offer free consultations around the clock, so do not hesitate to contact us.
Example 1: You are stopped for speeding and the officer sees a blade knife in your passenger seat. The knife can be considered “lucidity” if certain requirements are met, and therefore the officer does not need an arrest warrant to take the knife and charge you. Possession of a knife on school property: If you possess a knife on school property without the prior written consent of the school, you are guilty of N.J.S 2C:29-5(e), a fourth-degree felony. This carries a maximum penalty of 18 months in jail and a fine of up to $10,000. www.lulu.com/shop/www.lulu.com/shop/evan-nappen/new-jersey-gun-law/paperback/product-22228354.html I was arrested for a butterfly knife in New Jersey. Is it legal to own a Schrade SCHF9 or Bowie knife in New Jersey? What if you`re under 18 and use a Bowie knife for bush boats? In addition, the sale of a prohibited knife to any person, regardless of age, is a violation of N.J.S. 2C:39-9(d). It is also a fourth-degree felony punishable by up to 18 months and a $10,000 fine. Good info guys, thanks! I`m from New Jersey but moved to GA 15 years ago. But my new job is based in New Jersey. I have a license to carry a hidden handgun in public in 32 states, but of course I can`t bring one and carry one in New Jersey when I`m up there. So if I go to work from time to time, I guess I can throw a good folding knife into my checked luggage (of course, don`t continue) and take it with me when I`m up there.
Better than nothing, I think, even though I feel naked to go anywhere without a gun, it`s second nature now. I always have a knife, always, but anywhere near a school, I would never wear something like that, even those wallet knives can identify you, I`m not a lawyer, but I wouldn`t take that risk. If a knife is used to threaten or injure someone during a robbery or robbery, the knife holder may be charged with a second-degree felony under N.J.S. 2C:15-1. It is a crime punishable by 5 to 10 years and a fine of up to $100,000. Example: You have a kitchen knife in your glove compartment. Possession of the kitchen knife is not a crime, so you cannot be charged with possession of prohibited weapons under N.J.S. 2C:39-3. However, if you open a window with your firearm during a burglary or threaten someone with a knife, you could be charged with possession of a firearm for an illegal purpose.
New Jersey`s knife laws are wordy and often difficult to understand if you don`t have a formal legal background. This article takes the New Jersey Code and case law on the possession and carrying of knives and puts them in language that makes it easy for anyone to understand what is legal and what is not. Although the word “prohibited” appears in the title of this section, the knives described are not completely prohibited. On the contrary, the possession of gravity knives, blade knives, daggers, dirk, stiletto or ballistic knives without a lawful explicable purpose is prohibited. In State of New Jersey v. Montalvo, 162 A.3d 270 (2017), the New Jersey Supreme Court ruled that possessing a machete in one`s own apartment was legal in self-defense. The case arose out of a long-simmering dispute between Mr Montalvo and a neighbour who lived in an apartment directly below Montalvo`s. There was an outbreak that caused the neighbor to “knock” on Montalvo`s door, who responded with a machete behind his legs. The neighbor did not see the machete immediately.
The jury concluded that Montalvo had not left his apartment during the confrontation. The accused Montalvo used the machete to damage some of the neighbour`s garden furniture, as well as a porch railing, before or after the neighbour showed up at his door, and was therefore convicted of criminal mischief. He was also accused of violating 2C:39-4. Possession of weapons for illegal purposes and 2C:39-5. Illegal possession of weapons. Inwas looked at a butterfly knife made on the bench. Is it 100% legal? Do not wear a Balisong or butterfly knife in New Jersey. In many cities, it is considered a gravity meter and it is confiscated and you are arrested and charged.
The law on this type of knife is considered a gray area in terms of the exact definition, but many municipalities and counties will charge you with possession of an illegal weapon (gravity knife). Most cases (with a good lawyer) are discarded, but it`s not worth the time, the cost of a lawyer, and the court fees to carry one of these knives. I am not a lawyer or I have a legal background, but I have done quite a bit of research on this subject for myself. OTFs appear to belong to the category of “switchblades” and can also be considered a “ballistic knife” according to the municipality, although the blade of the knife does not detach from the handle or body. Is it legal to own a knife in New Jersey? Under the Second Amendment, it is acceptable to own a knife. However, some types of knives are illegal in New Jersey, and possession of any of these knives is considered a fourth-degree felony. Other defenses include that you don`t know the knife because it belonged to someone else. Maybe the same person left him where the police found him. It`s also a defense that you didn`t intend to use it illegally. After all, it`s always a defense if it turns out that the knife isn`t illegal. e.
Certain weapons. Anyone who knowingly has a gravimeter, blade knife, dagger, dirk, stiletto in their possession. or. A ballistic knife, with no legitimate purpose explainable, is guilty of a fourth-degree felony. “Ballistic knife” means any weapon or other device that can be used as a lethal weapon and results in a knife blade. Yes, I even wore a lower back of the jacket (Gill Hibben`s 2nd Rambo knife). And my sergeant in town helped me with that. He was also a leather worker and knew more about cases.
Brass stick in the sleeve and pepper spray on the lower leg.