Quick Legal Facts
Statewide Preemption:
No.
Concealed Carry:
Not an issue.
Schools:
Possession of weapon in or upon any part of the buildings or grounds of any school, college, university or other educational institution, under circumstances not manifestly appropriate for its lawful use, is guilty of a crime of the fourth degree.
Critical Dimensions:
5 or more blade length, 10 inches maximum overall length limits on knives that may be sold to minors.
Restricted Knives:
Gravity knives, automatic knives, dirks, daggers, stilettos, and ballistic knives are subject to significant restriction.
New Jersey law prohibits the possession “without any explainable lawful purpose” of any “gravity knife, switchblade knife, dagger, dirk, stiletto, dangerous knife or ballistic knife.” Possession of a weapon in one’s home is arguably a “lawful purpose.” Pocketknives may be carried outside the home, except by one having unlawful intent, or who possesses the knife for some unlawful purpose. Self-defense beyond the limits of one’s home is not a lawful purpose.
Relevant Statutes:
2C:39-1. Definitions
- “Gravity knife” means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.
- “Weapon” means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, . . . (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives,. . . and (4) stun guns; . . .
- “Switchblade knife” means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.
- “Ballistic knife” means any weapon or other device capable of lethal use and which can propel a knife blade.
2C:39-2. Presumptions
2C:39-3. Prohibited weapons and devices
e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, . . . or . . . ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.
2C:39-4. Possession of weapons for unlawful purposes
d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.
2C:39-5. Unlawful possession of weapons
d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.
2C:39-6. Exemptions
2C:39-7. Certain persons not to have weapons or ammunition
2C:39-9.1. Sale of knife with blade length over 5 inches or overall length over 10 inches to person under 18
2C:39-9. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
2C:40-18. Knowing violation or failure to perform duty imposed by law intended to protect public safety
Statewide Preemption:
No.
Restrictions on Sale or Transfer:
2C:39-9 (d) and 2C:39-9.1
Concealed Carry:
Concealment is not an issue under New Jersey State law.
Restrictions on Carry in Specific Locations / Circumstances:
Knives may not be possessed on school or educational institution property K-University, or where not “manifestly appropriate”.
Selected New Jersey Municipalities with Knife Restrictive Ordinances:
Camden – Section 133.02 Carrying Concealed Weapons and Section 133.03 Switchblade Knives
- 2C:39-3. Prohibited weapons and devices
While the word “prohibited” appears in the caption of this section, the knives described are not completely forbidden. Rather, possession of any gravity knife, switchblade knife, dagger, dirk, stiletto, or ballistic knife, without any explainable lawful purpose, is prohibited.
It is implicit in the wording of 2C:39-3. that under New Jersey law automatic knives, as well as dirks, daggers, and stilettos, have an explainable lawful purpose. Given the holding of State of New Jersey v. Montalvo, 162 A.3d 270 (2017), one may keep such items in his or her home for the lawful purpose of self-defense.
- 2C:39-5. Unlawful possession of weapons
This is the most troubling of the New Jersey statutes that apply to knives. It is extremely vague and therefore provides insufficient guidance. The statute covers various weapons. A fourth-degree crime is a felony under New Jersey law and is punishable by imprisonment for up to 18 months and a fine of up to $10,000! One can become a felon without any criminal intent or engaging in any criminal conduct by simply possessing a weapon, including a knife, under circumstances “not manifestly appropriate.” The offense is not based on what happened or what was intended, but rather on what could happen because something with lawful uses, and not otherwise restricted, is slightly inappropriate at some time and place.
- Law Enforcement / Military
There is an exception for U.S Military and National Guard members in 2C:39-3 (e) relating to knives while the members are on active duty or traveling to or from such active duty.
- Consequences
Violations of any of the three possessory prohibitions are felony-level offenses. A violation of 2C:39-4. is a third-degree matter and carries a penalty of confinement for three to five years and up to $15,000. Violations of 2C:39-3. and 2C:39-5. are fourth-degree crimes and punishable by imprisonment for up to 18 months and a fine of up to $10,000.
