New Jersey Illegal Weapons Possession Penalties (2026)
Unlawful possession of firearms or weapons charges in New Jersey: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in New Jersey, consult a licensed New Jersey criminal defense attorney.
New Jersey Illegal Weapons Possession Penalties
| Offense | Penalty |
|---|---|
| First Offense | 2nd degree crime: 5–10 years (unlawful possession of handgun) |
| Second Offense | 1st degree crime: 10–20 years (prior conviction) |
NJSA §2C:39-5; strict gun laws; unlawful handgun possession is 2nd degree crime
Illegal Weapons Possession Statute of Limitations in New Jersey
In New Jersey, the general statute of limitations for a felony is 5 years and for a misdemeanor is 1 year.
Defending Against Illegal Weapons Possession Charges in New Jersey
Common defenses in New Jersey illegal weapons possession cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a New Jersey criminal defense attorney for advice.
Related New Jersey Laws
DUI / DWI
Marijuana Possession
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication