Knife laws in New Jersey have faced some controversy over the past years. The legality of carrying a knife has been questioned in several cases.
NJ knife laws vary according to the type of knife and its size. Moreover, the purpose and the location where you keep or carry the knife also affect the law.
In this article, we’ll look at the different NJ knife laws, as well as regulations and restrictions for owning or carrying a knife.
Owning vs. Carrying NJ Knife Laws
According to NJ laws, ‘possession of any gravity knife, switchblade knife, dagger, dirk, stiletto, or ballistic knife, without any explainable lawful purpose’, is considered illegal. – The New Jersey Code of Criminal Justice 2C § 39-3.
In reference to this, owning a knife is generally legal under NJ laws, as long as you keep it in your home since it’s considered to fulfill the lawful purpose section of the law.
However, carrying one is another case and can be considered a crime of the third or fourth degree.
Let’s take a look at the different types of knives stated as illegal to carry on you in public.
Gravity Knife
Otherwise known as a hunter’s knife, the blade is concealed in the handle and opens by gravity force.
Switchblade Knife
A switchblade, similar to the gravity knife, has a blade that is embedded in the handle. The difference is the blade pops out when you press a button.
Dagger
Considered a stabbing weapon, the dagger has a fixed double-edged sharp blade with a very sharp pointed tip.
Dirk Knife
The dirk knife is a more extended variation of the dagger, with a fixed blade that’s also double-edged with a pointed end. It’s considered to be a thrusting weapon.
Stiletto Knife
Similar to a dagger, the stiletto knife has a long, narrow pointed blade that’s also double-edged.
Ballistic Knife
This knife’s most prominent feature is the fact that the blade detached. If a person throws the knife or presses the button, its mechanism disconnects the blade and sends it flying a few yards.
Lawful Knife Possession
To determine the legality of carrying a knife, let’s examine how “lawful purposes” is interpreted and law exceptions.
How Knife Possession is Defined
Defining “possession” can be a bit tricky. Carrying a knife on your person is considered possession. In other instances, simply having it in the glove compartment of your car can also be considered possession.
In some cases, having the knife in your car may be construed as weapon concealment. Though, it isn’t imminently clear if all NJ districts consider knife concealment a crime.
In short, having a knife with you outside your home is defined as knife possession.
The exact definition of “lawful purposes” has been questioned in some cases. As there can be multiple interpretations of the term, this makes defining the law difficult sometimes.
This leads to the conclusion that the purpose of carrying the knife has a significant impact on whether it’s regarded as legal or not.
When Is It Considered Legal to Carry a Knife?
The law states that “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.” – The New Jersey Code of Criminal Justice 2C § 39-5
However, in some cases, it’s considered legal to have a knife on you outside your home. For example, it’s legal to carry a knife if your job requires that. In this case, it’s simply considered a work tool.
There are some exceptions to this, though. According to the NJ Code of Criminal Justice, someone who has been convicted of crimes such as aggravated assault, kidnapping, or robbery, among others, is prohibited from possessing any kind of weapon, including knives.
Another section of the NJ Code of Criminal Justice states that “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.” – The New Jersey Code of Criminal Justice 2C § 39-4
Generally speaking, carrying a knife as a form of self-defense is observed as illegal in NJ.
Locations Where It’s Unlawful to Possess a Knife
There are places where it’s considered illegal to have a knife on you unless you have a very good reason. For example, military personnel get exceptions if they are on active duty.
Locations, where it’s considered illegal to possess a knife include educational, governmental, and military institutions. Not abiding by this can be regarded as a fourth-degree crime.
Further Restrictions
There are a couple of things to consider regarding the prohibited knife size regarding ownership, manufacture, and selling.
Legal Knife Size
In NJ, it’s generally considered legal to carry a knife that has a blade up to 5 inches or a knife up to 10 inches of length.
Manufacture, Sale, and Ownership Transfer Laws
It’s considered a fourth-degree crime to manufacture the restricted types of knives.
Moreover, selling knives that exceed the legal knife size mentioned to persons under 18 years of age is considered a fourth-degree offense.
Consequences of Illegal Practices
Being convicted of unlawful knife possession can be considered a third or fourth-degree crime, depending on the circumstances.
- Third-degree crimes are penalized by imprisonment for 3 to 5 years and a payable fine of up to $15,000.
- Fourth-degree crimes are punishable by up to 18 months confinement and paying a fine of up to $10,000.
Summary
Whether or not carrying a knife is legal in the state of NJ is a grey area. Some multiple exceptions and terms aren’t clearly defined, leaving them up for interpretation. This makes abiding by and enforcing the law complicated.
However, it can be said with confidence that if you carry a knife with the purpose of self-defense, then it’s considered a felony of the fourth degree.