New Jersey
New Jersey Knife Laws (2026): Possession Ban and Minor Sales
Independently fact-checked against primary sources (last audited September 24, 2026). How we verify our legal content

New Jersey names a specific list of knife types, gravity knife, switchblade knife, dagger, dirk, stiletto, and ballistic knife, and bans possessing any of them without an explainable lawful purpose. A separate, broader statute reaches any other knife carried under circumstances that are not manifestly appropriate for a lawful use, and possessing any knife with a purpose to use it unlawfully is a more serious offense on top of either one. A certain-persons ban, a manufacture-and-sale ban, a sale-to-minors statute, and a stricter school rule add further layers, and New Jersey's general Criminal Code preemption clause reaches a conflicting local knife ordinance.
Jurisdiction scope: This page covers New Jersey state law only, principally N.J.S.A. 2C:1-5, 2C:39-1, 2C:39-3, 2C:39-4, 2C:39-5, 2C:39-6, 2C:39-7, 2C:39-9, and 2C:39-9.1. It does not cover New Jersey's handgun-permit and firearms-purchaser-identification-card statutes in detail, since they govern firearms rather than knives.
Can you own or carry a knife in New Jersey?
Owning or carrying a gravity knife, switchblade knife, dagger, dirk, stiletto, or ballistic knife in New Jersey requires an "explainable lawful purpose." N.J.S.A. § 2C:39-3(e) provides: "Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, or ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree." This offense applies the same way whether the knife is carried openly or concealed; New Jersey does not draw an open-versus-concealed distinction for this list of items. Two broader and more serious statutes reach other knives and unlawful use, a certain-persons ban and a manufacture-and-sale ban add further layers, and each is described below.

Three narrow definitions, several undefined terms
New Jersey's general weapons definitions, at N.J.S.A. § 2C:39-1, define only three of the knife-related terms that appear in the prohibited-weapons list. "Gravity knife," under subsection h, "means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force." "Switchblade knife," under subsection p, "means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife." "Ballistic knife," under subsection u, "means any weapon or other device capable of lethal use and which can propel a knife blade." The remaining terms in 2C:39-3(e)'s list, dagger, dirk, stiletto, and "other dangerous knife" (used in the general "weapon" definition at subsection r), are not separately defined by the statute. The "weapon" definition itself, subsection r, states that a weapon is "anything readily capable of lethal use or of inflicting serious bodily injury," and lists, among its examples at paragraph (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, at paragraph (4), stun guns and tear-gas devices. Paragraph (3)'s list is close to, but not identical to, 2C:39-3(e)'s: it adds "other dangerous knives" and "bludgeons," and it does not include the ballistic knife that 2C:39-3(e) separately names.
Possessing a knife with a purpose to use it unlawfully
A separate and more serious offense applies regardless of whether the knife is on the 2C:39-3(e) list at all. N.J.S.A. § 2C:39-4(d), titled "Other weapons," provides: "Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree." New Jersey courts have described N.J.S.A. 2C:39-3, 2C:39-4, and 2C:39-5 together as an integrated scheme of graduated possessory weapons offenses, moving from a general "weapon" possessed with an unlawful purpose (the most serious, a third-degree crime under 2C:39-4), to specific per se weapons possessed without an explainable lawful purpose (2C:39-3(e), a fourth-degree crime), to other weapons possessed under circumstances not manifestly appropriate for a lawful use (2C:39-5(d), also fourth degree). A prosecutor is not limited to the fourth-degree offenses described elsewhere on this page if the facts show the knife was possessed to be used unlawfully.
A second, broader statute for other knives, and a constitutional limit at home
N.J.S.A. § 2C:39-5(d), titled "Other weapons," provides: "Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree." This is a separate offense from both 2C:39-3(e) and 2C:39-4(d). Where 2C:39-3(e) names a specific list of knife types and bans possession without an explainable lawful purpose, 2C:39-5(d) is a general catch-all that can reach an ordinary knife not on that specific list, such as a plain kitchen or utility knife, when the manner and circumstances of carrying it are "not manifestly appropriate" for a lawful use.
The New Jersey Supreme Court has put a constitutional limit on this statute as applied inside a person's own home. In State v. Montalvo, 229 N.J. 300 (2017), a defendant was convicted under 2C:39-5(d) for retrieving a machete from a closet and answering his door with it after a threatening encounter with a neighbor, to protect himself and his pregnant wife. The Court held that the defendant "had a constitutional right to possess the machete in his home for his own defense and that of his pregnant wife," reasoning that the right to possess a weapon at home for self-defense "would be of little effect if one were required to keep the weapon out-of-hand, picking it up only 'spontaneously,'" and found the jury instructions erroneous for failing to convey that principle. A knife possessed inside one's own home for self-defense is not automatically outside 2C:39-5(d)'s reach, but the circumstances-not-manifestly-appropriate standard has to be applied consistently with this constitutional protection.
The hunting and fishing exemption reaches only the broader statute
N.J.S.A. § 2C:39-6(f) begins: "Nothing in subsections b., c., and d. of N.J.S.2C:39-5 shall be construed to prevent," and then, in paragraph (2), exempts "[a] person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and the person has in the person's possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license." Paragraph (3) similarly exempts a person transporting a firearm or knife directly to or from a place of hunting, fishing, or target practice with a valid license, provided the person complies with Title 23 for the target-range branch. Unlike paragraph (2)'s carrying-while-hunting exemption, the paragraph (3) transport exemption is conditioned: N.J.S.A. § 2C:39-6(g) requires that a weapon transported under paragraph (3) of subsection f. "be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only deviations as are reasonably necessary under the circumstances." A knife carried loose in the passenger compartment while in transit to or from hunting or fishing falls outside the exemption even with a valid license. Because this exemption is expressly written to reach only subsections b., c., and d. of 2C:39-5, which does not include 2C:39-3, it exempts conduct only from the "other weapons" catch-all in 2C:39-5(d), not from 2C:39-3(e)'s specific ban on a gravity knife, switchblade knife, dagger, dirk, stiletto, or ballistic knife, and not from 2C:39-4(d)'s unlawful-purpose offense.

Schools: a stricter rule with no lawful-purpose defense
N.J.S.A. § 2C:39-5(e)(2) provides: "Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree." Subsection r's paragraph (3) lists "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," which is close to but broader than 2C:39-3(e)'s named-knife list (it adds "other dangerous knives" and "bludgeons"), and does not separately name a ballistic knife, though one would likely still fall within the paragraph's general "anything readily capable of lethal use" definition of a weapon. Paragraph (4) adds stun guns and tear-gas devices. This school-grounds offense does not carry 2C:39-3(e)'s "explainable lawful purpose" defense; instead, the only way to lawfully possess a listed knife or an otherwise-inappropriate weapon on school property is with the governing officer's written authorization.
Certain persons may not possess these knives at all
Apart from the felony conviction itself, some people are separately barred from possessing the very knives described above, without an "explainable lawful purpose" defense. N.J.S.A. § 2C:39-7(a) provides that a person previously convicted (in New Jersey or elsewhere) of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, carjacking, gang criminality, racketeering, terroristic threats, certain firearms offenses, or endangering the welfare of a child; or convicted of a crime under N.J.S.A. 2C:39-3, 2C:39-4, or 2C:39-9; or ever committed for a mental disorder without a doctor's certificate of recovery; or convicted of most controlled-substance offenses, "who purchases, owns, possesses or controls any of the specified weapons or any ammunition ... is guilty of a crime of the fourth degree." The "specified weapons" are those enumerated in N.J.S.A. 2C:39-1(r), which includes a gravity knife, switchblade knife, dagger, dirk, stiletto, and other dangerous knife. For a person in one of these categories, the "explainable lawful purpose" defense that applies to the general public under 2C:39-3(e) is not available.
Exceptions for the military, law enforcement, and security guards
N.J.S.A. § 2C:39-3(g)(1)(a) exempts, from subsection e among others, "any member of the Armed Forces of the United States or the National Guard, or except as otherwise provided, to any law enforcement officer while actually on duty or traveling to or from an authorized place of duty," provided the possession is duly authorized under applicable laws, regulations, or orders. A separate exception, N.J.S.A. § 2C:39-3(i), provides: "Nothing in subsection e. of this section shall be construed to prevent any guard in the employ of a private security company, who is licensed to carry a firearm, from the possession of a nightstick when in the actual performance of his official duties, provided that he has satisfactorily completed a training course approved by the Police Training Commission in the use of a nightstick." This nightstick exception does not extend to a knife.
Manufacturing, transporting, and selling these knives
Separately from possessing a listed knife, New Jersey also bans the commercial and transport side of the same items, at any buyer's age and with no "explainable lawful purpose" defense written into the subsection. N.J.S.A. § 2C:39-9(d) provides: "Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, ... is guilty of a crime of the fourth degree." This is a separate offense from 2C:39-3(e)'s possession ban, and from the age-based sale rule below.

Selling a large fixed-blade knife to a minor
A separate statute, specific to a buyer's age rather than to a knife type on the 2C:39-1(r) list, is N.J.S.A. § 2C:39-9.1: "A person who sells any hunting, fishing, combat or survival knife having a blade length of five inches or more or an overall length of 10 inches or more to a person under 18 years of age commits a crime of the fourth degree." The statute allows an affirmative defense, provable by a preponderance of the evidence, if the seller can show the purchaser presented a driver's license or similar photo identification falsely showing an age of 18 or older, the purchaser's appearance would lead an ordinarily prudent person to believe they were 18 or older, and the sale was made in good faith relying on those two facts. This rule applies on top of, not instead of, 2C:39-9(d)'s general manufacture-and-sale ban above.
New Jersey's general Code preemption clause reaches knife ordinances
New Jersey has no knife-specific preemption statute, but its Criminal Code carries a general preemption clause that reaches a conflicting local knife ordinance. N.J.S.A. § 2C:1-5(d) provides: "Notwithstanding any other provision of law, the local governmental units of this State may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this code or with any policy of this State expressed by this code, whether that policy be expressed by inclusion of a provision in the code or by exclusion of that subject from the code." In State v. Crawley, 90 N.J. 241 (1982), the New Jersey Supreme Court applied this clause to bar enforcement of a Newark loitering ordinance, holding that the Code's omission of a general loitering offense expressed a state policy not to penalize that conduct and that chapter 33 of the Code preempts overlapping municipal legislation. Chapter 39's weapons offenses, including the knife provisions described on this page, are part of the same Code. A local ordinance that conflicts with, or is preempted by, chapter 39's treatment of knives would be void under 2C:1-5(d)'s text; this is a harder, fact-specific question than a flat statement that no preemption statute exists.
Federal law: what it does and does not reach
Federal law does not ban an individual from owning or carrying a switchblade. The Federal Switchblade Act, 15 U.S.C. §§ 1241 to 1245, instead restricts interstate commerce in switchblade knives, barring their manufacture for, or introduction, transport, and sale in, interstate commerce, and, in 15 U.S.C. § 1245, makes it a federal offense to knowingly possess, manufacture, sell, or import a ballistic knife in or affecting interstate commerce or within federal territorial jurisdiction. The two switchblade offense sections, §§ 1242 and 1243, do not apply to certain knives and people, listed as exemptions in 15 U.S.C. § 1244. A 2009 amendment, § 1244(5), exempts any knife with a spring, detent, or other closure-bias mechanism that requires hand, wrist, or arm exertion on the blade itself to overcome the bias and assist opening, the carve-out that keeps modern assisted-opening folding knives legal in interstate commerce. A separate exemption, § 1244(4), covers a person with only one arm possessing or carrying a switchblade with a blade three inches or less. New Jersey's own switchblade ban, at 2C:39-3(e), is a state possession offense independent of the federal interstate-commerce restrictions and does not carry either federal exemption.
Disclaimer: This article provides general legal information about New Jersey's knife laws as of September 2026. It is not legal advice. Consult a lawyer licensed in New Jersey for advice about a specific situation. What counts as an "explainable lawful purpose" or circumstances "not manifestly appropriate" depends on the specific facts and is ultimately for a court to decide.
For a state-by-state comparison, see knife laws by state. New Jersey's self-defense statutes are covered separately on the New Jersey self-defense laws page.
Statutes cited reflect their in-force version as of 2026-09-18. Last updated: 2026-09-18.
Frequently Asked Questions
Are switchblades illegal in New Jersey?
Possessing a switchblade knife without an explainable lawful purpose is a crime of the fourth degree under N.J.S.A. 2C:39-3(e). New Jersey's Supreme Court has held that this does not relieve the State of its burden of proof; it shifts to the defendant only the burden of going forward with evidence of a lawful purpose. Manufacturing, transporting, or selling a switchblade is a separate fourth-degree crime under N.J.S.A. 2C:39-9(d), and a person in a certain-persons category under N.J.S.A. 2C:39-7(a) may not possess one at all.
Can you carry a pocket knife in New Jersey?
An ordinary pocket knife is not named in N.J.S.A. 2C:39-3(e)'s specific list (gravity knife, switchblade, dagger, dirk, stiletto, ballistic knife). It can still fall under the broader 'other weapons' offense in N.J.S.A. 2C:39-5(d), which bans possessing any weapon 'under circumstances not manifestly appropriate for such lawful uses as it may have,' or, if possessed to be used unlawfully against a person or property, the more serious third-degree offense in N.J.S.A. 2C:39-4(d).
Can you keep a knife in your home for self-defense in New Jersey?
New Jersey's Supreme Court, in State v. Montalvo (2017), held that a person has a constitutional right to possess a weapon, in that case a machete, in their own home for self-defense, and that the right would be of little effect if a person had to keep it out of hand and pick it up only spontaneously when danger arose. This does not make every knife possessed at home automatically lawful under N.J.S.A. 2C:39-5(d); it means the 'circumstances not manifestly appropriate' standard has to be applied consistently with that constitutional protection.
Can you carry a knife hunting or fishing in New Jersey?
Yes, for a knife that is legal and appropriate for hunting or fishing, with a valid hunting or fishing license, under the exemption in N.J.S.A. 2C:39-6(f)(2)-(3). If the knife is being transported to or from the hunting, fishing, or target-practice location rather than carried in the field under paragraph (2), N.J.S.A. 2C:39-6(g) requires it be carried unloaded and in a closed and fastened case, gunbox, securely tied package, or locked in the vehicle's trunk. That exemption applies only to N.J.S.A. 2C:39-5(d)'s broader 'other weapons' offense, not to the specific gravity knife, switchblade, dagger, dirk, stiletto, or ballistic knife ban in N.J.S.A. 2C:39-3(e), and not to the unlawful-purpose offense in N.J.S.A. 2C:39-4(d).
What size knife is illegal to sell to a minor in New Jersey?
Selling a hunting, fishing, combat, or survival knife with a blade of 5 or more inches, or an overall length of 10 or more inches, to a person under 18 is a crime of the fourth degree under N.J.S.A. 2C:39-9.1, subject to an affirmative defense for a seller who reasonably relied on false identification and the appearance of age. Separately, manufacturing, transporting, or selling a gravity knife, switchblade knife, ballistic knife, dagger, dirk, or stiletto to anyone, regardless of age, is its own fourth-degree crime under N.J.S.A. 2C:39-9(d).
Can a convicted felon possess a knife in New Jersey?
Not if it is a gravity knife, switchblade knife, dagger, dirk, stiletto, or other dangerous knife enumerated in N.J.S.A. 2C:39-1(r), for a person previously convicted of a specified violent or weapons offense, or of certain controlled-substance offenses, or ever committed for a mental disorder without a doctor's certificate of recovery. N.J.S.A. 2C:39-7(a) makes this a crime of the fourth degree, without an 'explainable lawful purpose' defense.
Does New Jersey preempt local knife ordinances?
There is no knife-specific preemption statute, but New Jersey's general Criminal Code preemption clause, N.J.S.A. 2C:1-5(d), voids a local ordinance that conflicts with, or is preempted by, the Code, including chapter 39's knife provisions. The New Jersey Supreme Court has applied this clause to bar enforcement of a municipal ordinance preempted by the Code of Criminal Justice; whether a specific local knife ordinance conflicts with, or is preempted by, chapter 39 is a fact-specific question rather than a flat no.
Updates
Corrected the description of State v. Crawley to the New Jersey Supreme Court's actual holding that the Criminal Code preempted Newark's loitering ordinance.
Independently fact-checked against the cited primary sources
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 2C:39-3Prohibited weapons and devices.In force
2C:39-3. Prohibited Weapons and Devices. a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree. b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree. c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree. d. Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree. e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, or ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree. f. Dum-dum or armor piercing ammunition. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:39-5Unlawful possession of weapons.In force
2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree. b. Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree. c. Rifles and shotguns.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 2,321 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Ramseur (Supreme Court of New Jersey 1987, 106 N.J. 123)“…r circumstances not manifestly appropriate for lawful use ( N.J.S.A. 2C:39-5d); and (3) knowingly and unlawfully pos…”
- State v. McQuaid (Supreme Court of New Jersey 1997, 147 N.J. 464)“…thirteen and fourteen); and possession of a handgun, N.J.S.A. 2C:39-5b (count fifteen). The Camden Cou…”
- State v. Biegenwald (Supreme Court of New Jersey 1987, 106 N.J. 13)“…N.J.S.A. 2C:39-4a); (5) unlawful possession of a weapon ( N.J.S.A. 2C:39-5b); (6) possession of a weapon by a conv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-4Possession of weapons for unlawful purposes.In force
2C:39-4. Possession of weapons for unlawful purposes. a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. (2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, "community gun" means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another. b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. c. Destructive devices.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 2,115 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Ramseur (Supreme Court of New Jersey 1987, 106 N.J. 123)“…urpose to use it unlawfully against the person of another ( N.J.S.A. 2C:39-4d). Defendant filed a pretrial motion…”
- State v. Rose (Supreme Court of New Jersey 1988, 112 N.J. 454)“…ession of the shotgun with a purpose to use it unlawfully. N.J.S.A. 2C:39-4a. The court stated: [T]he fact of the…”
- State v. Feaster (Supreme Court of New Jersey 1998, 156 N.J. 1)“…2C:5-2; possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; and possession of a sawed-off shotgun…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-1Definitions.In force
2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58: a. "Antique firearm" means any rifle or shotgun and "antique cannon" means a destructive device defined in paragraph (3) of subsection c. of this section if the rifle, shotgun, or destructive device, or replica thereof, as the case may be, is incapable of being fired or discharged or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value. b. "Deface" means to remove, deface, cover, alter, or destroy the name of the maker, model designation, manufacturer's serial number, or any other distinguishing identification mark or number on any firearm.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 113 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Gantt (Supreme Court of New Jersey 1986, 101 N.J. 573)“…ed in our Gun Control Law, L. 1966, c. 60, as amended, N.J.S.A. 2C:39-1 to -15. A “firearm” is there defined as…”
- State v. Austin (New Jersey Superior Court Appellate Division 2000, 335 N.J. Super. 486)“…and one-half of the base term if a firearm, as defined by N.J.S.A. 2C:39-1f, is used or possessed during the commi…”
- State v. Mieles (New Jersey Superior Court Appellate Division 1985, 199 N.J. Super. 29)“…S.A. *32 2C:39-5(b) and whether it was a firearm within N.J.S.A. 2C:39-1(f). We must further determine whether a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-6Exemptions.In force
2C:39-6. a. Provided a person complies with the requirements of subsection j. of this section, N.J.S.2C:39-5 does not apply to: (1) Members of the Armed Forces of the United States or of the National Guard while actually on duty, or while traveling between places of duty and carrying authorized weapons in the manner prescribed by the appropriate military authorities; (2) Federal law enforcement officers, and any other federal officers and employees required to carry firearms in the performance of their official duties; (3) Members of the State Police and, under conditions prescribed by the superintendent, members of the Marine Law Enforcement Bureau of the Division of State Police; (4) A sheriff, undersheriff, sheriff's officer, prosecutor's detective or investigator, State investigator employed by the Division of Criminal Justice of the Department of Law and Public Safety, investigator employed by the State Commission of Investigation, inspector of the Alcoholic Beverage Control Enforcement Bureau of the Division of State Police in the Department of Law and Public Safety authorized to carry weapons by the Superintendent of State Police, State park police officer, or State…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 78 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Ingram (Supreme Court of New Jersey 1985, 98 N.J. 489)“…guards "while in the actual performance" of duty, N.J.S.A. 2C:39-6c(4) and (5); shopkeepers at a "place of…”
- Eric Morillo v. Monmouth County Sheriff's (Supreme Court of New Jersey 2015, 222 N.J. 104)“…shall be deemed to be a fixed location. [N.J.S.A. 2C:39-6(e) (emphasis added).] In this mat…”
- In Re Gun Permits of Preis (Supreme Court of New Jersey 1990, 118 N.J. 564)“…to possess a gun in one’s home or place of business, N.J.S.A. 2C:39-6e, and permission to carry a gun,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-7Certain persons not to have weapons or ammunition.In force
6. Certain Persons Not to Have Weapons or Ammunition. a. Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime, or an attempt or conspiracy to commit 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, carjacking in violation of section 1 of P.L.1993, c.221 (C.2C:15-2), gang criminality in violation of section 1 of P.L.2007, c.341 (C.2C:33-29), racketeering in violation of N.J.S.2C:41-2, terroristic threats in violation of N.J.S.2C:12-3, unlawful possession of a machine gun in violation of subsection a. of N.J.S.2C:39-5, unlawful possession of a handgun in violation of paragraph (1) of subsection b. of N.J.S.2C:39-5, unlawful possession of an assault firearm in violation of subsection f. of N.J.S.2C:39-5, leader of firearms trafficking network in violation of section 1 of P.L.1995, c.405 (C.2C:39-16),or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in the person's possession any weapon enumerated in subsection r.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 720 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. William L. Witt(074468) (Supreme Court of New Jersey 2015, 223 N.J. 409)“…y a convicted 4 person, N.J.S.A. 2C:39-7(b). The police initiated a stop of…”
- State v. Anthony K. Cole (076255) (Middlesex and Statewide) (Supreme Court of New Jersey 2017, 229 N.J. 430)“…b); and fourth-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(a). Defendant was tried before…”
- State v. Byseem T. Coles (070653) (Supreme Court of New Jersey 2014, 218 N.J. 322)“…and second-degree certain persons not to possess weapons, N.J.S.A 2C:39-7(b). Defendant filed a motion to suppres…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-9Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.In force
2C:39-9. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances. a. Machine guns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 of Title 2C of the New Jersey Statutes is guilty of a crime of the third degree. b. Sawed-off shotguns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun is guilty of a crime of the third degree. c. Firearm silencers. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree. d. Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 51 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Rovito (Supreme Court of New Jersey 1985, 99 N.J. 581)“…titutes an unlawful disposition of the firearm under N.J.S.A. 2C:39-9d. The trial court charged the jury that…”
- State of New Jersey v. Malihki X. Oliver (New Jersey Superior Court Appellate Division 2025)“…rm parts to manufacture a firearm without a serial number, N.J.S.A. 2C:39-9(k) (Paragraph k), and the application…”
- State v. Concepcion (Supreme Court of New Jersey 1988, 111 N.J. 373)“…nd was convicted only of unlawful disposition of a weapon. N.J.S.A. 2C:39-9d. See Rovito, supra, 99 N.J. at 5…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:39-9.1Sale of knives to minors; crime of the fourth degree; exceptionsIn force
4. A person who sells any hunting, fishing, combat or survival knife having a blade length of five inches or more or an overall length of 10 inches or more to a person under 18 years of age commits a crime of the fourth degree; except that the establishment by a preponderance of the evidence of all of the following facts by a person making the sale shall constitute an affirmative defense to any prosecution therefor: a. that the purchaser falsely represented his age by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to section 2 of P.L.1980, c. 47 (C.39:3-29.3), or by producing a similar card purporting to be a valid identification card indicating that he was 18 years of age or older, and b. that the appearance of the purchaser was such that an ordinary prudent person would believe him to be 18 years of age or older, and c. that the sale was made in good faith relying upon the indicators of age listed in a. and b. above.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:1-5Abolition of common law crimes; all offenses defined by statute; application of general provisions of the code; limitation of local government lawsIn force
a. Common law crimes are abolished and no conduct constitutes an offense unless the offense is defined by this code or another statute of this State. b. The provisions of subtitle 1 of the code are applicable to offenses defined by other statutes. The provisions of subtitle 3 are applicable to offenses defined by other statutes but the maximum penalties applicable to such offenses, if specifically provided in the statute defining such offenses, shall be as provided therein, rather than as provided in this code, except that if the non-code offense is a misdemeanor with a maximum penalty of more than 18 months imprisonment, the provisions of section 2C:43-1b shall apply. c. This section does not affect the power to punish for contempt, either summarily or after indictment, or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree. d.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 56 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Crawley (Supreme Court of New Jersey 1982, 90 N.J. 241)“…primarily on the “preemption by exclusion” clause of N.J.S.A. 2C:1-5(d). This clause prohibits enactment or…”
- MacK Paramus Co. v. Mayor and Council (Supreme Court of New Jersey 1986, 103 N.J. 564)“…nflict with any of the provisions or policies of the Code. N.J.S.A. 2C:1-5(d). The State's statutory Sunday blue…”
- GH v. Township of Galloway (New Jersey Superior Court Appellate Division 2008, 401 N.J. Super. 392)“…the code or by exclusion of that subject from the code. [ N.J.S.A. 2C:1-5d.] Megan's Law is contained in the cr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 15
§ 1241DefinitionsIn forcecited in 52 of our articles
As used in this chapter— The term “interstate commerce” means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof. The term “switchblade knife” means any knife having a blade which opens automatically— by hand pressure applied to a button or other device in the handle of the knife, or by operation of inertia, gravity, or both.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Stewart A. Taylor, D/B/A Taylor Cutlery Mfg. Co. v. United States of America (Court of Appeals for the Sixth Circuit 1988, 848 F.2d 715)“…Service, are not switchblade knives within the meaning of 15 U.S.C. § 1241 (b) and 19 C.F.R. § 1295 (a)(1). The d…”
- Crowley Cutlery Company v. United States of America and Commissioner of Customs of the United States Customs Service (Court of Appeals for the Seventh Circuit 1988, 849 F.2d 273)“…Illinois for a declaration that the Switchblade Knife Act, 15 U.S.C. §§ 1241 et seq., which forbids th…”
- Edna Fall, as Administratrix of the Estate of Phillip Fall, Deceased v. Esso Standard Oil Company (Court of Appeals for the Fifth Circuit 1962, 297 F.2d 411)“…25 S.Ct. 158 , 49 L.Ed. 363 . Section 1 of the Act, 15 U.S.C.A. § 1241 (b), defines the term “switchblade knif…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Knife Laws by State (2026): Carry Rules, Blade Limits, Penalties, Alabama Knife Laws (2026): What Is Legal to Carry, Alaska Knife Laws (2026): Concealed Carry Rules Explained
§ 1244ExceptionsIn forcecited in 52 of our articles
Sections 1242 and 1243 of this title shall not apply to— any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business; the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces; the Armed Forces or any member or employee thereof acting in the performance of his duty; the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Also relied on in: Arizona Knife Laws (2026): Carry Rules and Preemption, Arkansas Knife Laws (2026): Intent-Based Carry Rules, California Knife Laws (2026): Four Blade-Length Rules
§ 1245Ballistic knivesIn forcecited in 50 of our articles
Whoever in or affecting interstate commerce, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), knowingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, or imprisoned not more than ten years, or both. Whoever possesses or uses a ballistic knife in the commission of a Federal crime of violence shall be fined as provided in title 18, or imprisoned not less than five years and not more than ten years, or both. The exceptions provided in paragraphs (1), (2), and (3) of section 1244 of this title with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section. As used in this section, the term “ballistic knife” means a knife with a detachable blade that is propelled by a spring-operated mechanism.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- ALCANTAR (Board of Immigration Appeals 1994, 20 I. & N. Dec. 801)“…ed by an adult, would be felony and crime of violence); cf. 15 U.S.C. § 1245(b) (1988) (use of ballistic knife in co…”
- United States v. Polizzi (District Court, E.D. New York 2008, 549 F. Supp. 2d 308)“…8 Trust in l’estraint of import trade 3 months 15 U.S.C. § 1245 (b) Possession/use of a ballistic knife…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Knife Laws (2026): Concealed Carry and Exceptions, Connecticut Knife Laws (2026): Open and Concealed Carry, Delaware Knife Laws (2026): Carry, Switchblades, and Bans
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- N.J.S.A. 2C:39-1 - Definitions (gravity knife, switchblade knife, ballistic knife, weapon)(law.justia.com)
- N.J.S.A. 2C:39-3 - Prohibited weapons and devices (subsection e: certain knives without explainable lawful purpose)(law.justia.com)
- N.J.S.A. 2C:39-5 - Unlawful possession of weapons (subsection d: other weapons; subsection e: educational institutions)(law.justia.com)
- N.J.S.A. 2C:39-6 - Exemptions (hunting, fishing, and target-practice knife carry; subsection g's unloaded-and-cased transport condition)(law.justia.com)
- N.J.S.A. 2C:39-9.1 - Sale of knives to minors; crime of the fourth degree; exceptions(law.justia.com)
- N.J.S.A. 2C:39-4 - Possession of weapons for unlawful purposes (subsection d: other weapons, crime of the third degree)(law.justia.com)
- N.J.S.A. 2C:39-7 - Certain persons not to have weapons or ammunition(law.justia.com)
- N.J.S.A. 2C:39-9 - Manufacture, transport, disposition and defacement of weapons (subsection d: weapons including knives)(law.justia.com)
- N.J.S.A. 2C:1-5(d) - General provisions; local ordinances preempted by the Code(law.justia.com)
- State v. Montalvo, 229 N.J. 300 (2017) - constitutional right to possess a weapon at home for self-defense under 2C:39-5(d)(courtlistener.com)
- State v. Blaine, 221 N.J. Super. 66 (App. Div. 1987) - explainable lawful purpose shifts only the burden of going forward, quoting State v. Lee(courtlistener.com)
- State ex rel. Atlantic County Pros. v. Atlantic City, 379 N.J. Super. 515 (App. Div. 2005) - applying N.J.S.A. 2C:1-5(d) to void a conflicting local ordinance(courtlistener.com)
- 15 U.S.C. 1241-1245 - Federal Switchblade Act, interstate commerce and ballistic-knife scope(law.cornell.edu)
- 15 U.S.C. 1244 - exceptions, including the 2009 assisted-opening carve-out and the one-arm exception(law.cornell.edu)