Under Article 2C:39-7 of the N.J.S.A., some people are prohibited from possessing certain weapons or ammunition because of their criminal history, substance abuse, mental health, or many other reasons. If you are caught with pepper spray or sledgehammers — which are considered firearms in New Jersey — and prevented from having them, you could be charged with fourth-degree crimes. Their requirements and intended use also determine the legality of knives; You can carry folded and even sturdy knives for hunting, camping, and hiking activities, but you can`t carry them for any other purpose. While it is legal to carry pepper spray or mace under certain restrictions, not all uses of these tools are considered self-defense. People often have important misconceptions about what self-defense really is. Self-defense is not a loophole in the law to use any form of violence against someone else. In general, the force used in self-defense must be proportional to the force used against you. If the use of mace or pepper spray is disproportionate to the threat you tried to thwart, you could still be in trouble. Examples of knives that can be used legally include switch blades, ballistic knives, gravity knives, daggers, stiletto heels, and dirt knives. If you cannot provide a legitimate reason for your possession of such items, you may face legal consequences. NJ and most other states in the United States allow you to legally carry tactical pens; However, the use of a tactical pen or similar object may only be restricted for self-defense purposes in New Jersey and all other states.
Although the mace is not a firearm, it is considered a weapon under Article 2C:39-1(r) of the N.J.S.A. According to the law, a “weapon” can include devices that emit or release tear gas or other substances intended to cause physical pain, discomfort or injury. This definition would certainly include pepper spray and mace. Our pepper spray and sledgehammer attorneys in New Jersey can help you determine if your self-defense tools are legal. A knife with a blade less than five inches long and a total length not exceeding ten inches is legal to possess in most jurisdictions. It is important to reiterate that neither pepper spray nor mace is illegal in New Jersey. Yes, a memorandum from the New Jersey State Attorney General`s Office dated the 20th. October 2017 reviewed the findings of a Supreme Court decision and consent order signed by the state of New Jersey that stun guns are legal for sale and possession in New Jersey with only two restrictions. You must be at least 18 years of age to purchase or possess and you must not be a specific person prohibited from purchasing or owning one under N.J.S.A. 2C:39-7(a). Unlike other firearms, pepper spray does not require a license in New Jersey, but is still considered a weapon under state law.
Therefore, a person can legally purchase, possess and transport pepper spray if they meet the requirements of the state in which they live. Pepper spray and mace are tools used to neutralize potential attackers. Both are chemicals that are released in spray or vapor form to cause severe irritation. Depending on the type of product you use, the effects can be very severe and painful. New Jersey has several laws on how and when mace or pepper spray can be worn. Thanks, man! I didn`t know that was the case. It makes much more sense. I sometimes get a little involved in essential legal details because I have a lot of court issues from the past. In New Jersey, you are allowed to legally possess, store, and carry a rifle. However, you must first obtain a lifetime FID (Buyer`s ID Card) from the relevant government agency. I used to wear swords and I currently wear POM.
Just carry the legal limit or less and you`ll be fine. I`m having a hard time figuring out what types of pepper sprays are legal here in this state with this wording. All suggestions are appreciated with links if possible. A friend of mine wants it for self-defense. I`m just completely lost if I were to get one that might be too strong and get them into legal trouble instead of getting one so badly done it won`t do anything. I can`t find anything that says what is said above. I only saw that it is legal to buy property. A common mistake I`ve encountered as a law enforcement officer is that they use it against a non-aggressive or casual person, which is illegal.
Unfortunately, you could still face legal problems if the other party decides to take the matter to court. For example, your pepper spray must be in the legal concentration. All sales made through these establishments are recorded in the State database. Another point to note is that many semi-automatic and fully automatic rifles are now banned in the state of New Jersey, so refrain from buying or borrowing such weapons illegally, as this could put you in legal trouble whether you use them or not. I`m thinking of buying the Byrna SD launcher, their website describes it as “The Byrna SD fires .68 caliber projectiles filled with a powerful chemical irritant. The projectiles are designed to burst on impact, dissipating a cloud of strong pepper and tear gas powder. Is it legal in New Jersey? Thanks in advance! Normally, possession of certain firearms in New Jersey would be a crime, including mace and pepper spray. However, as mentioned above, an exception is made for adults with no criminal record who carry no more than 0.75 ounces of pepper spray or mace. However, there may be other circumstances in which criminal charges may be laid against you in relation to pepper spray or mace. You may have heard that stun guns and Tasers have been “legalized.” Recently, the law banning stun guns and Tasers proved unconstitutional in Massachusetts. There has been a change in the law: stun guns and tasers can now be owned, but only at home.
Due to case law, you are not allowed to preemptively arm yourself with a Taser or stun gun when you leave your home. If you preemptively arm yourself with a Taser or stun gun and get caught, you could face criminal prosecution. So don`t carry stun guns or tasers outside your home. Is it legal to use a byrna for self-defense when you`re at home and on your property in New Jersey? New Jersey is a very difficult state for those who are serious about self-defense, and that includes those who want self-defense sprays. While you can legally carry any type of formulation you prefer or have access to, you can only choose a container with a 3/4 ounce dry payload and nothing more. In general, there are very few restrictions on pepper spray or mace in New Jersey. Although they are legally classified as weapons, it is legal to carry them as long as you are at least 18 years old and have a clean criminal record. Failure to comply with certain restrictions may result in criminal charges. In addition, the use of clubs or pepper spray during the commission of a crime can be treated in the same way as the use of a dangerous weapon. For example, if someone corners you with a knife and threatens to hurt you if you don`t comply with their requirements, the use of pepper spray could be justified. The pepper spray or sledgehammer is probably proportional to the threat posed by another dangerous weapon. Let`s say someone approaches you instead and calls you an offensive name.
The use of pepper spray, mass or other forces may not be appropriate and cannot be considered self-defense.