Evan Nappen
Carrying Stun Guns and Tasers in NJ:
This was posted by my friend and colleague Daniel Schmutter, an excellent attorney, regarding whether we can now CARRY tasers and stun guns. I agree with his legal analysis.
Under NJ law, weapons are frequently governed by multiple statutes at the same time. So for example, there are per se prohibitions under 2C:39-3 for weapons such as switchblade
knives, dirks, daggers, and stilettos.
Then there is also the general prohibition in 2C:39-5(d) on possession of weapons under circumstances not manifestly appropriate for such lawful uses as it may have.
Even though a dirk is subject to the per se prohibition of 2C:39-3, it is almost certainly also subject to the more general prohibition of 2C:39-5(d). So if, tomorrow, the
legislature repealed the per se prohibition of dirks from 2C:39-3, a dirk would still be a weapon and therefore subject to the more general prohibition found in 2C:39-5(d).
So now applying that to stun guns. Stun guns were previously per se illegal under 2C:39-3(h). The result of the lawsuit is that 2C:39-3(h) was stricken as unconstitutional.
So it is no longer per se illegal.
But a stun gun is still a weapon under 2C:39-1(r), and so it is almost certainly subject to the more general prohibition of 2C:39-5(d), that is, under circumstances not
manifestly appropriate for such lawful uses as it may have. The lawsuit did nothing to change this, nor do the new proposed regulations.
We know that under State v. Kelly, self defense does not count as a "lawful use" under 2C:39-5(d). The term "weapon" is very broadly defined under NJ Law. Thus, many items that
fit the definition of "weapon" also have non-weapon uses, such as a baseball bat. So the idea is that the closer you are to possessing a weapon for its non-weapon purpose
(like possession of a baseball bat at a baseball game), the better off you are under 2C:39-5(d).
So now applying this to stun guns, its hard to imagine carrying a stun gun in public for a non-weapon purpose. Without such a non-weapon purpose, carrying around a stun gun
poses a very substantial risk that you could be charged with violating 2C:39-5(d).
So, I think folks would take a huge risk carrying around a stun gun.
Mark Cheeseman
This is the email I got from NJAG OFFICE today. Just as an FYI... Your correspondence to Attorney General Porrino concerning stun guns has been referred to me for reply.
As of October 22, 2017, in accordance with a Consent Order entered in the United States District Court, prior statutory prohibitions against selling or possessing
stun guns in New Jersey have been declared unconstitutional. By virtue of this ruling, New Jersey is now on similar footing as 39 other states that allow stun guns
with limited or no restrictions so, unless there is a change to the law, no permit or license will be required to obtain or possess a stun gun. However, the State Police
have proposed a rule, expected to be adopted in December, prohibiting minors under the age of 18 from obtaining or possessing stun guns. Law enforcement has been directed
to adhere to this rule, pending adoption and thereafter. In addition to the proposed regulations, current statutory provisions that establish restrictions on stun guns
remain in force and effect, including laws that prohibit felons and incompetent persons from possessing stun guns, possession on school grounds, possession for an unlawful
purpose, and possession under circumstances not manifestly appropriate for such lawful uses as a stun gun may have.
Thank you for taking the time to write.
Sincerely,
Jeffrey E. Lenox
Director
Citizens Services and Relations
Office of the Attorney General
25 Market Street P.O. Box 080
Trenton, NJ 08625-0080
(609) 984-5828
Evan Nappen
Bottomline. Unfortunately the NJ2AS lawsuit failed to address NJS 2C:39-5d in the consent order, and now carry still has a risk of prosecution.
Mark Cheeseman Post: NJG Discussion Page.
There have been a number of comments and different interpretations of NJ statute 2C:39-5d. Mostly regarding carry of a stun gun or taser. NJ law is vague and can
and will be used against you. As of now better clarification is needed from the attorney generals office.under 2C:39-5(d). The term "weapon" is very broadly defined
under NJ Law. I am going to ask that you hold off on carry until this is cleared up. Attached are the guidelines. You may also call the attorney generals office at.
Office of The Attorney General
- Main Number: 609-292-4925
- Citizen Services: 609-984-5828
