N.J.S. § 2C:39-7 Certain Persons Not to Have Weapons Or Ammunition

• Library: New Jersey Permanent Statutes
• Edition: 2023
• Currency: Current through L. 2023, c. 194.
• Year: 2023
• Citation: N.J.S. § 2C:39-7

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. of N.J.S. 2C:39-1, or any person convicted of a crime, or an attempt or conspiracy to commit a crime, pursuant to the provisions of N.J.S. 2C:39-3, N.J.S. 2C:39-4 or N.J.S. 2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless the person possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that the person is no longer suffering from a mental disorder which interferes with or handicaps the person in the handling of a firearm, or any person who has been convicted of an offense, or an attempt or conspiracy to commit an offense, for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S. 2C:35-2, other than a disorderly persons or petty disorderly persons offense, who purchases, owns, possesses or controls any of the specified weapons or any ammunition as defined in section 2 of P.L. 2018, c. 35(C.2C:58-21) is guilty of a crime of the fourth degree.

b.

(1) A 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), endangering the welfare of a child pursuant to N.J.S. 2C:24-4, stalking pursuant to P.L. 1992, c.209 (C.2C:12-10) or a crime, or an attempt or conspiracy to commit a crime, involving domestic violence as defined in section 3 of P.L. 1991, c.261 (C.2C:25-19), whether or not armed with or having in the person's possession a weapon enumerated in subsection r. of N.J.S. 2C:39-1, or a person having been convicted of a crime, or an attempt or conspiracy to commit a crime, pursuant to the provisions of N.J.S. 2C:35-3 through N.J.S. 2C:35-6, inclusive; section 1 of P.L. 1987, c.101 (C.2C:35-7); N.J.S. 2C:35-11; N.J.S. 2C:39-3; N.J.S. 2C:39-4; or N.J.S. 2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole. If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S. 2C:43-7, the extended term of imprisonment shall include the imposition of a minimum term, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.