NJ "Gravity Knife" Laws: Possession vs Ownership

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Renaissance-reborn

Joined
May 29, 2010
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Okay, I've recently become very confused. There is a NJ statute that states:

"New Jersey - Code of Criminal Justice

- 2C:39-3 Prohibited Weapons and Devices...

e. Certain weapons. Any person who knowingly has in his
possession any gravity knife, switchblade knife, dagger,
dirk, stiletto, billy, blackjack, metal knuckle, sandclub,
slingshot, cestus or similar leather band studded with
metal filings or razor blades imbedded in wood, ballistic
knife, without any explainable lawful purpose, is guilty
of a crime of the fourth degree."

My confusion lies here: "Any person who knowingly has in his
possession any gravity knife"

Some of my compatriots stay that as long as you are not actively carrying the knife there is no problem, but I see a way that it can be seen as if I OWN the knife, it breaks this law.

Can anyone shed some light on this?
 
theres 2 types of possession in regard to the law.

Actual possession as in you have it on your person...

Constructive possession is when you have control over it, but you do not have it on your immediate person (like its in the vehicle your driving, but not in your pocket).


now for simply owning the knife, if you are in your house, and the police for some reason raid your house and find the knife, then you will get charged with its possession under constructive possession.

I hope that helps.
 
Actually... yes. Thank you. I'm actually really content with that answer.

And that seemed to be the consensus, but I like seeing the terminology.

Also, just a quick question. Are both possessions an equal punishment? Obviously, if you where using it to commit a crime it would be worse, but if you were just searched on the street and had it would it be the same level of "don't do that" -ery that having it just lying in your house would?
 
Renaissance-reborn said:
Okay, I've recently become very confused. There is a NJ statute that states:

"New Jersey - Code of Criminal Justice

- 2C:39-3 Prohibited Weapons and Devices...

e. Certain weapons. Any person who knowingly has in his
possession any gravity knife, switchblade knife, dagger,
dirk, stiletto, billy, blackjack, metal knuckle, sandclub,
slingshot, cestus or similar leather band studded with
metal filings or razor blades imbedded in wood, ballistic
knife, without any explainable lawful purpose, is guilty
of a crime of the fourth degree."

My confusion lies here: "Any person who knowingly has in his
possession any gravity knife"

Some of my compatriots stay that as long as you are not actively carrying the knife there is no problem, but I see a way that it can be seen as if I OWN the knife, it breaks this law.

Can anyone shed some light on this?
Click to expand...

I'm not a lawyer... but I'm understanding it the same way. No matter where the knife is...whether on your person or on your property be it either your house, rented space, or car, it is in your possession and therefore, yep, it seems that you would be breaking this law. Now, if you own any of these items, and they are kept out of state, then you would be inside the law as it has to do with New Jersey, even though you actually own them.

I know a guy that owns a knife that is illegal in California, where he lives, so he keeps it at a relative's house in a state where it is legal to possess. He's inside the law, they're inside the law, everyone's happy.
 
Jaxx said:
I know a guy that owns a knife that is illegal in California, where he lives, so he keeps it at a relative's house in a state where it is legal to possess. He's inside the law, they're inside the law, everyone's happy.
Click to expand...

There aren't any knives that are illegal in California. I suspect your friend has confused the law against carrying certain things (switchblades with a blade longer than 2 inches) on your person with a law against ownership.
 
I an not sure with NJ law, but NY Penal Law clearly defines possession as having control over the item anywhere. If you check the defintion of terms in NJ law it should tell you how they define possession.
 
khagler said:
There aren't any knives that are illegal in California. I suspect your friend has confused the law against carrying certain things (switchblades with a blade longer than 2 inches) on your person with a law against ownership.
Click to expand...

IIRC, knives with "knuckle duster" or ringed style handles do fall into an illegal category in Cali. I could be wrong, however. :) In Penn's woods, we don't have that problem. ;)
 
Jaxx said:
IIRC, knives with "knuckle duster" or ringed style handles do fall into an illegal category in Cali.
Click to expand...

Nope, they're treated the same as any other fixed blade knife--the only restriction is on carrying them concealed. Carrying one openly is fine.
 
Hmmm... I guess that I'm mistaken. Thank you for clearing that up. Man, I love BladeForums!!! :thumbup:
 
Renaissance-reborn said:
Actually... yes. Thank you. I'm actually really content with that answer.

And that seemed to be the consensus, but I like seeing the terminology.

Also, just a quick question. Are both possessions an equal punishment? Obviously, if you where using it to commit a crime it would be worse, but if you were just searched on the street and had it would it be the same level of "don't do that" -ery that having it just lying in your house would?
Click to expand...

N.J. knife laws are not very specific best I found is speak to the chief of police in your area
 
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