Stun
Gun Restrictions and Laws
New
Jersey: Illegal
New Jersey
State Law. New Jersey Stat. Ann. Title 2C. New Jersey Code
of Criminal Justice. Chapter 39-1. Prohibited weapons and
devices.
(Section
"r" summarized from Chapter 2C:39-1) "Weapon"
means anything readily capable of lethal use or of inflicting
serious bodily injury. The term includes, but is not limited
to all (4) stun guns; and any weapon or (this section refers
to tear gas and has been updated in 1995) other device which
projects, releases, or emits tear gas or any other substance
intended to produce temporary physical discomfort or permanent
injury through being vaporized or otherwise dispensed in the
air.
(t) "Stun
gun" means any weapon or other device which emits an
electrical charge or current intended to temporarily or permanently
disable a person.
Senate,
No. 2871 -- L.1985, c. 360
Senate
Bill No. 2781, as amended by the Senate Law, Public Safety
and Defense Committee, prohibits as a crime of the fourth
degree the possession of a stun gun by any person, including
a law enforcement officer. A crime of the fourth degree carries
a penalty of imprisonment for up to 18 months, a fine of up
to $7,500, or both. Prior to being amended the bill classified
possession of a crime in the third degree. {Editor’s
Note: According to Len Lawson of NJ Legislative Council, (609)
292-4625) NJ does not classify crimes in felonies versus misdemeanors.
The highest crimes are in first degree on down to fourth degree.
A fourth degree penalty is a serious charge and is generally
considered a misdemeanor in common terms. It is however an
indictable offense. A fourth degree crime does contain "a
presumption of non-custodial sentencing," meaning that
there is not imprisonment if there are no prior convictions.
In some cases the sentencing is obviated from one’s record
if there is a period of good behavior following the charge.}
The committee
amended the bill to include a provision authorizing the Attorney
General, at his discretion, to exempt law enforcement officers
from the prohibition against possession stun guns.
The bill
also was amended by the committee to include stun guns in
the definition of "weapon" in paragraph r. N.J.S.
2C:39-1.
(Chapter
2C:39-1)
(h) Stun
guns. Any person who knowingly has in his possession any stun
gun is guilty of a crime in the fourth degree.
SUMMARY:
Possession is banned of Stunning Devices in New Jersey.
Stun
Guns |
Restrictions and Laws
