The third and final category of offence is a hybrid type of charge. It is codified by N.J.S.A. 2C:39-5(d), which states that any person who knowingly possesses a firearm in his or her possession in circumstances that are not manifestly conducive to such lawful use is guilty of a fourth-degree crime. This particular type of charge lies between the illegal possession itself and the intentional illegal use of a weapon. Unlike N.J.S.A. 2C:39-3(e), mere possession of a particular object is not illegal under this law. Unlike N.J.S.A. 2C:39-4, however, the defendant`s subjective intent is not at the center of the crime. Rather, the purpose and concentration of the legislation is to examine the circumstances surrounding it in order to determine whether the possession of a particular type of weapon was appropriate. I have a Ka-Bar knife „Large Heavy Bowie“ #1277 that I keep in a pocket on the back of my SUV. It is sheathed and in the large compartment of my bag – out of sight. Still a little confused after reading the above.
The intention is the basic hunting/survival tool in case the HFCS and I need to go home. I understand that it`s a legal knife (if I had it at home), but is it legal to have it in my car every day? I also have a net knife in my pocket when I need to fish, and I have a 3.5″ EDC folding ash knife in my center console of my truck. Thoughts? Let`s put things in perspective with an example. Let`s say you have a kitchen knife in your vehicle`s glove box. The presence of the knife in the glove compartment of your vehicle is legal and you cannot be charged with possession. The fact that you didn`t know the knife was illegal in New Jersey is not a defense. However, there are several defenses for those accused of knife crimes. First, the knife may have been seized by police, which violates your right to improper searches and seizures under the Fourth Amendment.
This is a fundamental constitutional right that guarantees that your personal belongings, including backpacks, cars and homes, must be safe from prying eyes of the police, unless the police have an arrest warrant for a probable reason. If the police do not have an arrest warrant, they must have a clearly defined exception to the arrest warrant obligation, then the knife should be removed and the charge dismissed. People often think that the Second Amendment is only about guns. However, the clear text of the amendment is clear: „A well-regulated militia necessary for the security of a free state, the right of the people to own and bear arms, must not be violated.“ Therefore, the state cannot violate your own right or carry a knife except in certain circumstances. The list of knives that are not illegal in New Jersey includes: Although the word „prohibited“ appears in the legend of this section, the knives described are not completely prohibited. On the contrary, the possession of a gravity knife, a switching blade knife, a dagger, a dirk, a stiletto heel or a ballistic knife without an explainable legitimate purpose is prohibited. „It is illegal to possess a gravity knife, switching blade, dirk, dagger, stiletto heel or other dangerous knife for a legitimate explainable purpose“ If you are charged with offences related to the possession or illegal use of a switch blade, call our lawyers at the Brigantine Firearms Crown for assistance. Call the law firm of John J.
Zarych at (609) 616-4956 for a free evaluation of your case. I mention the community because there are cities, especially near the coast, that have laws that are too strict for knives and don`t care if you`re a local or not, because ignorance is not a valid defense. The first movement is very wide and potentially includes many objects. After that, the definition becomes more focused and narrower, but nevertheless the legal definition of openness can probably include almost any object. In addition to the description of the general weapon, the Penal Code provides other definitions for different types of knives. Yes, butterfly knives ARE Balisong, which is said to be legal. I wear one every day in New Jersey. Is it legal to own a Schrade SCHF9 or Bowie knife in New Jersey? What if you`re under 18 and use a Bowie knife for bush crafts? There is an exception for members of the U.S. Army and National Guard in 2C:39-3(e) with respect to knives while members are on active duty or traveling to or from that active service. I am a black belt in martial arts and I just bought a 4.5 inch Karambit blade with a sheath for a belt clip, could I wear it on my belt or would it be illegal. Remember that I have a black belt in the material arts and I had to register my hands as weapons after passing the test, I only mention this because I would think I could wear it for martial arts purposes, I want to buy either a „Gerber Covert Spring Assisted Knife“ or the „Gerber Mini Covert Spring Assisted Knife“. I really like these two knives and wondered if it was legal to carry them in my pocket while I was walking around the park and the like.
New Jersey`s knife laws can be confusing to civilians and law enforcement. Some people are arrested because a police officer mistakenly believed that a certain knife was illegal, even if it was not illegal. So if you understand New Jersey`s knife laws, you can avoid unpleasant and costly tangles with law enforcement. www.lulu.com/shop/www.lulu.com/shop/evan-nappen/new-jersey-gun-law/paperback/product-22228354.html A majority if these comments come from young children. No knives at school. Period. They can also be restricted in government buildings. As for the „open port“ in New Jersey when it comes to knives: no laws! Are you over 18 years old and wearing a KA-BAR on your hips? No law. Pocket knife, switching blade, butterfly knife, etc. Nothing (assuming you didn`t commit a crime at the time you were in possession), A samurai sword on your back when you walk down the street: legal. And there`s nothing more dangerous or less self-confident than carrying a gun (ask a Marine).
Hello, I am a boater. Most of my boats are on a sailboat, but I also use motor boats. It is recommended to carry a knife on board the ship, especially on sailboats. It should be easily accessible. I tend to wear a folding band on a lanyard to a clip on a belt buckle. This is an important security factor. Recently, it has been suggested that a folding knife has limitations. I am thinking of an OTF knife specifically for this purpose. There are many scenarios where a knife is needed quickly and a person may be limited to using one hand. An OTF on a lanyard could be a lifeline. Strange question, do metal exercise knives that are blunt/completely blunt count as another type of weapon? Or are they considered toys/training equipment? I`m considering buying a Karambit Fox 599-TK, which is a blunt training conch, but I wasn`t sure what it falls under if a policeman notices it and tells me it`s a knife, even though he literally can`t cut.
@ADHD – ROFL. @dave – Are you really serious about your question?!? Actually both? Because if you`re going to be in a south jersey and you remember the jersey at all – to at least get fingerprints – you`ll have to go to Ancora!! 🙂 Have fun!! I wanted to know if M9 bayonet knives are legal in New Jersey as long as you don`t do anything illegal while you have it with you. If you are prosecuted for illegal possession of a Switchblade, you will face harsher penalties than most people think. Our criminal defense attorneys in New Jersey can help. Call us at the law firm of John J. Zarych at (609) 616-4956 for a free review of your case. Is it legal for children to have knives at home? But below the border. Exactly 6 inches, but the blade is 2 inches and the handle is 4.
On appeal, both convictions were overturned on the grounds that the knife was not a „weapon“. It was not one of the knives listed in the legal definition of „weapon“ and was neither used nor intended to be a weapon. As a result, an essential element of „armed robbery“ – the use of a weapon for the purpose of coercion – was missing and the accused did not have a „weapon“ in manifestly inappropriate circumstances.