New Jersey Butterfly Knife Laws

I mention the community because there are cities, especially near the coast, that have laws that are too strict for knives and they don`t care if you`re a local or not, because ignorance is not a valid defense. Although the word “prohibited” appears in the title of this section, the knives described are not completely prohibited. On the contrary, the possession of gravity knives, blade knives, daggers, dirk, stiletto or ballistic knives without a lawful explicable purpose is prohibited. In State of New Jersey v. Montalvo, 162 A.3d 270 (2017), the New Jersey Supreme Court ruled that possessing a machete in one`s own home to defend oneself was legal. The case arose out of a long-simmering dispute between Mr Montalvo and a neighbour who lived in an apartment directly below Montalvo`s. There was an outbreak that caused the neighbor to “knock” on Montalvo`s door, who responded with a machete behind his legs. The neighbor did not see the machete immediately. The jury concluded that Montalvo had not left his apartment during the confrontation. The accused Montalvo used the machete to damage some of the neighbour`s garden furniture, as well as a porch railing, before or after the neighbour showed up at his door, and was therefore convicted of criminal mischief. He was also accused of violating 2C:39-4. Possession of weapons for illicit purposes and 2C:39-5. Illegal possession of weapons.

The second category of crimes focuses on a person`s intent. According to N.J.S.A. 2C:39-4, every person who possesses a weapon for illegal use against another person or property is guilty of a third-degree felony. With this type of cargo, the balance between safety and the acceptable use of an object against danger comes into play. For example, the use of a steak knife during dinner is not unlawful under Article 2C:39-4 of the N.J.S.A. nor per se under ยง 2C:39-3(e) of the N.J.S.A. However, if a person suddenly argues with someone and then tries to stab that person with the same steak knife, the situation changes and the person may be convicted of a crime. Simply possessing the knife is acceptable and using the knife to cut food is legal. However, if the person tries to use the knife as a weapon, such behavior is prohibited and, therefore, the person can be severely punished. “What is illegal to possess” Point 4 states: “It is illegal to possess a gravity knife, switch blade, dirk, dagger, stiletto or other dangerous knife for an explainable lawful purpose. Is it a typo, should it be “without an explainable legitimate purpose” or does it mean, as it actually says, that no matter what legal reason you have for owning these knives, they are still illegal? Depending on the municipality, you should also look for “power opening” knives (for example, Kershaw Blur or Benchmade Barrage). Depending on the retention resistance on them, they could be considered “gravity counters” because you can easily open them with the movement of your wrist instead of having to exert force on the blade itself.

At The Tormey Law Firm, our gun advocates regularly represent clients accused of violating New Jersey`s strict knife laws. We often defend people charged with illegal possession of a knife, possession of illegal knives, and possession or use of a knife for any illegal purpose. From our practice offices throughout New Jersey, including Hackensack, Morristown, Newark, Middletown and New Brunswick, we fight knife prosecutions in courts across the state. If you need help with a firearms with knives case, simply call (201)-614-2474 or contact us online to discuss your case with a lawyer. We offer free consultations around the clock, so do not hesitate to contact us. In addition, the illegal use of a knife, whether legal or illegal, is considered a third-degree felony that can result in up to 3 to 5 years in prison and a maximum fine of $15,000. The illegal use of a knife can range from using a knife to threaten someone to using a knife following a burglary. @ADHD โ€“ ROFL. @dave โ€“ Are you really serious about your question?!? Both, actually? Because if you`re going to be in South Jersey and you remember the jersey – to at least get fingerprints – you MUST go to Ancora!! ๐Ÿ™‚ Have fun!! Theoretically, Balisongs are completely legal in New Jersey.

By this definition, they are about as much a gravity meter as a worn folder. And you theoretically have “an explainable legal purpose” for possession of the knife. Whether as a collector, pinball or someone who occasionally uses a knife as a tool; It is up to the state to convince the jury that all the explanations you give are completely absurd. AND that Balisongs are considered prohibited weapons. New Jersey`s knife laws can be confusing for civilians and law enforcement. Some people are arrested because a police officer mistakenly believed that a particular knife was illegal, when it was not. Understanding New Jersey`s knife laws can help you avoid unpleasant and costly law enforcement entanglements. New Jersey`s knife laws are wordy and often difficult to understand if you don`t have a formal legal background.

This article takes the New Jersey Code and case law on the possession and carrying of knives and puts them in language that makes it easy for anyone to understand what is legal and what is not. Would a 3-inch folding knife be illegal if used for protection? New Jersey law prohibits the possession “without an explicable lawful purpose” of “gravity knives, blade knives, daggers, dirk, stiletto, dangerous knives, or ballistic knives.” Owning a weapon in one`s own home is likely a “legitimate purpose.” Pocket knives can be carried outside the home unless someone has an illegal intent or possesses the knife for illegal purposes. Self-defence beyond the confines of one`s own home is not a legitimate aim. Example 1: You are stopped for speeding and the officer sees a blade knife in your passenger seat. The knife can be considered “lucidity” if certain requirements are met, and therefore the officer does not need an arrest warrant to take the knife and charge you. I have a Ka-Bar “Large Heavy Bowie” #1277 knife that I keep in a bag at home in the back seat of my SUV. It`s wrapped and in the big compartment of my bag โ€“ out of sight. Still a little confused after reading this above. The intention is basic hunting/survival tool if HFCS and I have to go home. I understand it`s a legal knife (if I had it at home), but is it legal to have it in my bag every day? I also have a net knife in my pocket if I need to fish, and I have a 3.5-inch EDC folding pocket knife in my center console of my truck. Thoughts? With respect to knives, our Criminal Code is N.J.S.A. 2C:39-3(e) as follows: Any person knowingly possessing gravity knives, blade knives, dagger, dirk, stiletto, billy, blackjack, metal peg, sand club, slingshot, cestus or similar leather straps dotted with metal shavings or inlaid razor blades In wood, ballistic knives, with no explainable lawful purpose, is guilty of a fourth-degree felony.

Therefore, possession of these items is illegal, but if the accused can provide an acceptable explanation as to why he or she was in possession of these items, he or she will not be held criminally responsible.