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NEW JERSEY: Illegal
New Jersey State Law. New Jersey Stat. Ann. Title 2C. New Jersey Code of Criminal Justice. Chapter 39-1. Prohibited weapons and devices.
(Section "r" summarized from Chapter 2C:39-1) "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to all (4) stun guns; and any weapon or (this section refers to tear gas and has been updated in 1995) 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.
(t) "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.
Senate, No. 2871 - L.1985, c. 360
Senate Bill No. 2781, as amended by the Senate Law, Public Safety and Defense Committee, prohibits as a crime of the fourth degree the possession of a stun gun by any person, including a law enforcement officer. A crime of the fourth degree carries a penalty of imprisonment for up to 18 months, a fine of up to $7,500, or both. Prior to being amended the bill classified possession of a crime in the third degree. {Editor’s Note: According to Len Lawson of NJ Legislative Council, (609) 292-4625) NJ does not classify crimes in felonies versus misdemeanors. The highest crimes are in first degree on down to fourth degree. A fourth degree penalty is a serious charge and is generally considered a misdemeanor in common terms. It is however an indictable offense. A fourth degree crime does contain "a presumption of non-custodial sentencing," meaning that there is not imprisonment if there are no prior convictions. In some cases the sentencing is obviated from one’s record if there is a period of good behavior following the charge.}
The committee amended the bill to include a provision authorizing the Attorney General, at his discretion, to exempt law enforcement officers from the prohibition against possession stun guns.
The bill also was amended by the committee to include stun guns in the definition of "weapon" in paragraph r. N.J.S. 2C:39-1.
(Chapter 2C:39-1)
(h) Stun guns. Any person who knowingly has in his possession any stun gun is guilty of a crime in the fourth degree.
SUMMARY: Possession is banned of Stunning Devices in New Jersey.
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