Sign Up for Mailing List   Contact Us   Advertise    Request Reprints of Articles

NJLawman.com
N E W S,  O P I N I O N,  C O M M E N T A R Y
                                          
 

       L A W   E N F O R C E M E N T   M A G A Z I N E


2014 NJ Police Training & Schools

Visit Us on Facebook

Follow Us on Twitter

Visit
Our
2014
NJ
Police Training
&
Schools Section

 

Features

Home

NJ Law Enforcement

Site Search

Editorials

Roll Call

Opinions

Photo of the Week

Links

Site Map

 

News

Police News

News Archives Nation

News Archives NJ

L/O Duty Deaths

Events

 

Marketplace

LE Equipment

LEO Gifts

 

Click here to receive NJ Law Enforcement Bulletins

 

Training

NJ Police Training

National Training

 

Resources

Invest Resources

NJ Media Center

10 Deadly Sins

NJ Newspapers

Comp Time Law

NJ Most Wanted

Police Videos

Entry Level

Links

Police Poems

National Police Week

 

IA

IA Resource Center

Garrity Warning

 

Forums

Forums

 

NJLawman.com

About Us & Info

Advertise

Contact Us

Contact Us

 

Satellite Phones  An Asset
for Disasters

 

Law Enforcement
&
Police
Grants

 

Stinger Flashlights

What you Need to Know  Before Making a Purchase!

 

PBA Loan

 

Police and Law Enforcement Home  >  Roll Call  >  A Powerful and Often Overlooked Statute

 

Roll Call

Weekly Law Enforcement
Training and Review


 

A Powerful and Often overlooked Statute

 

NJLawman.com
Police and Law Enforcement News
Monday, December 10,
2012 10:57 a.m.

 

It cannot be emphasized enough how important it is for road officers to have an excellent knowledge of New Jersey's Code of Criminal Justice under Title 2C.

2C:39-7 is one of those statutes that really helps you bring it home, especially when dealing with someone in need of extra attention like a career criminal or gang member.  It will also help you get a higher bail if appropriate.

The statute is called Certain Persons not to Have Weapons.

Simply, when you arrest someone on a weapons charge, this is an extra charge you can use if the subject has been previously convicted of certain offenses.  The statute defines "weapon" as any object under 2C:39-1r as follows:

r."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, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or 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.

The grading is enhanced if you get someone with a firearm and can even reach second degree.

This is one of those quiet statutes that packs a big punch.  Below is the statute:

6.       Certain Persons Not to Have Weapons.

          a.       Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1 or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any person convicted of a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who purchases, owns, possesses or controls any of the said weapons is guilty of a crime of the fourth degree.

          b.       (1) A person having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant to P.L.1992, c.209 (C.2C:12-10) or a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, or a person having been convicted of a crime pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6, inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole. If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7, the extended term of imprisonment shall include the imposition of a minimum term, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.

                   (2)      A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree.

                   (3)      A person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.

          c.       Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section.

L.1979,c.179,s.6; 1987, c.106, s.6, 1991, c.436; 1992, c.74, s.3; 1995, c.114; 2001, c.216; 2001, c.443, s.5; 2003, c.277, s.3.

 

-NJLawman.com

 

Visit Our 2013 NJ Police Training & Schools Section

Mailing List

Receive New Jersey Law Enforcement bulletins
If you would like to receive New Jersey law enforcement
bulletins and/or law enforcement job announcements, click here.

Police and Law Enforcement Home    Advertise    Submit Your Site
Submit Police News   Police Grants    Police Forums    Police News

Copyright 2002-2014-All Rights Reserved  Law Enforcement Media Group - (Not an Official Police Department)    PERC

 

S O C I A L    M E D I A