FREE BOOK UPDATE – NEW JERSEY GUN LAW
By Evan F. Nappen, Esq.
STUN GUNS & TASERS
“Stun gun” means any weapon or other device that emits an electrical charge or current intended to temporarily or permanently disable a person. This would include Tasers
Stun Gun possession is prohibited under two New Jersey laws: N.J.S. 2C:39-3h. and/or N.J.S. 2C:39-5d.
N.J.S. 2C:39-3h. specifically prohibits stun gun possession. (Note: This law is no longer enforceable, see below.)
N.J.S. 2C:39-5d. prohibits possession of any other weapon “…under circumstances not manifestly appropriate for such lawful uses as it may have…” (Note: This law remains in force and effect, see below.)
A lawsuit challenging the stun gun ban was brought by the New Jersey Second Amendment Society. There was a Consent Order entered into by the parties. Following the Consent Order a Memorandum was issued on October 20, 2017 by the New Jersey Attorney General’s Office declaring N.J.S. 2C:39-3h invalid and no longer enforceable. HOWEVER that same Memorandum declared that N.J.S. 2C:39-5d “…remains in force and effect and shall continue to be enforced…
Under current New Jersey case law (See State v. Montalvo), pre-emptively arming oneself with a weapon for use OUTSIDE the home is NOT a court recognized “lawful use” under N.J.S. 2C:39-5d. Therefore, although a stun gun may now be possessed INSIDE the home for self-defense use, it can NOT be possessed/carried OUTSIDE the home for self-defense use. (Note: Possession of a stun gun INSIDE the home under N.J.S. 2C:39-5d was lawful even before the lawsuit, by way of exemption under N.J.S. 2C:39-6e. ) Bottomline: the lawsuit achieved legalizing possession of stun guns in the home by invalidating N.J.S. 2C:39-3h, but failed to make carrying a stun gun outside the home legal, because N.J.S. 2C:39-5d was left in force and effect.
N.J.S. 2C:39-9d. prohibits the manufacture, transport, shipping, sale or disposal of certain weapons. (Note: This law is no longer enforceable as to stun guns and Tasers, see below.)
Pursuant to the Memorandum was issued on October 20, 2017 by the New Jersey Attorney General’s Office declared N.J.S. 2C:39-9d. invalid and no longer enforceable as to stun guns and Tasers
Unlawful possession of stun guns under N.J.S. 2C-39-5d is a crime of the fourth degree. The maximum jail time is eighteen months in State prison and the maximum fine is $10,000.
Under N.J.A.C.13:54-1.3 No person shall sell, give, transfer, assign, or otherwise dispose of a stun gun to a person under 18 years of age, and no person under 18 years of age shall receive, purchase, or otherwise acquire a stun gun. Under N.J.A.C.13:54-5.8 No person under 18 years of age shall possess a stun gun. Any stun gun possessed by a person under the age of 18 shall be subject to confiscation by law enforcement.
LOOPHOLES & PITFALLS:
It is unfortunate that the lawsuit failed to achieve stun gun carry outside the home for New Jersey. It could have been a useful tool for self- defenders, especially in a State that prefers to see crime victims, instead of self-defenders being able to have the tools of self-defense.