What Size Pocket Knife Is Legal In Nj

The Great Seal of The State of New Jersey

New Jersey pocketknife laws are wordy and oftentimes difficult to understand if one does not have formal legal education or training. This article takes New Jersey code and case law apropos pocketknife buying and carry and puts it into a language that makes information technology easy for anyone to understand what is legal and what is not.

What is Legal to Own

It is legal to own a Balisong, or butterfly pocketknife
It is legal to ain disguised knives like lipstick knives
It is legal to ain a Bowie knife
It is legal to won throwing stars and throwing knives
Whatever weapon for which a person has an explainable lawful purpose for owning

What is Illegal to Ain

Information technology is illegal to own any weapon, with the purpose to use it unlawfully confronting the person or property of another
It is illegal for a person bedevilled of certain crimes (see below) to own a gravity knife, switchblade, dirk, dagger, stiletto, or other dangerous pocketknife
It is illegal for certain mentally ill people to ain a gravity knife, switchblade, dirk, dagger, stiletto, or other dangerous knife
Information technology is illegal to own a gravity knife, switchblade, dirk, dagger, stiletto, or other dangerous pocketknife with whatsoever explainable lawful purpose

A conviction for aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, possession of a prohibited weapon, possession of weapon for an unlawful purpose, manufacture or transport of a prohibited weapon, unlawful possession or auction of a controlled dangerous substance, or endangering the welfare of a child prevents a person from owning certain types of knives in New Jersey.

Definition of Weapon

The New Jersey legislature has defined weapon every bit anything "readily capable of lethal use or of inflicting serious bodily injury". Information technology further states that the term includes gravity knives, switchblade knives, daggers, dirks, stilettos, or other "dangerous" knives. In 1982, in State v. Brown, the New Bailiwick of jersey Appellate Courtroom found that a person does not need to intend to use a knife as a weapon in order for it to be considered a unsafe pocketknife, and therefore a weapon. This decision can make it difficult for a person to decide if a detail knife is legal to own, as it could be considered a unsafe knife, fifty-fifty if the owner has no intention of using it to damage another. However, considering New Jersey police force allows for the possession of a dangerous knife, by those who have a legal purpose for owning them, whatever knife may be considered legal if owned for a "lawful purpose".

Definition of Lawful Purpose

The phrase "lawful purpose" was challenged in Land v. Blaine, when Mr. Blaine was discovered carrying a folding pocketknife with a 4 inch blade. The Court reasoned that considering the knife carried past Mr. Blaine was not a gravity knife, switchblade knife, dagger, dirk or stiletto, those knives specifically mentioned by new Jersey statute equally weapons, the defendant may escape a guilty finding, if the state cannot prove that he carried the knife for an unlawful purpose. As such, considering there was no proof that Mr. Blaine did not carry the knife for a lawful purpose, he could not be found guilty of conveying an illegal weapon. The Blaine Court cited State 5. Lee, in which the legislature'southward intent, when enacting the law prohibiting the carrying of certain knives, was examined. In Lee, the Court described this intent as addressing:

…the situation in which someone who has not notwithstanding formed an intent to apply an object as a weapon possesses information technology under circumstances in which it is likely to be so used. The obvious intent of the Legislature was to address a serious societal trouble, the threat of harm to others from the possession of objects that can be used as weapons nether circumstances not manifestly appropriate for such lawful uses as those objects may accept. Some objects that may be used as weapons also take more innocent purposes. For case, a machete can be a lethal weapon or a useful device for deep sea fishing.

In 2000, the New Bailiwick of jersey Supreme Court farther clarified "lawful purpose" in State v. Burford, by describing two categories of deadly weapons likewise as a third category of weapons, that it said may take on the characteristics of a mortiferous weapon, but that may also have a wide variety of lawful uses. The Court said that when determining whether a defendant possessing a weapon that falls within this third class of weapons is guilty of the unlawful possession of a deadly weapon, i must look at the circumstances under which it is possessed.

Exceptions to Unlawful Possession of a Knife

A person may not be bedevilled of the unlawful possession of a pocketknife if he or she is carrying the pocketknife for hunting or fishing purposes, the knife is legal and advisable for hunting or fishing, and the person has a valid hunting or fishing license. A person is also exempt from the unlawful possession statue if he or she is transporting a legal knife to or from a identify for the purpose of hunting or fishing, and so long as he or she has a valid hunting or fishing license. When conveying a knife for such purposes, the statute requires that it be locked in a box or the torso of the vehicle in which it is being transported.

Restrictions on Comport

New Bailiwick of jersey statute does non impose any restrictions on the conveying of any legal knife. However, if a accused is found conveying a gravity knife, switchblade knife, dagger, dirk, or stiletto (those knives specifically mentioned by New Jersey statute as a weapon), he or she may be charged with possession of a dangerous weapon, if there are circumstances which may atomic number 82 one to believe that the pocketknife is existence possessed for an illegal purpose.

Definitions of Diverse Types of Knives

New Jersey lawmaking, 2C:39-one defines a gravity knife as whatsoever knife that has a blade, which is released from the handle past the force of gravity or the application of centrifugal force (spinning the knife around). It too provides a definition for the term switchblade pocketknife, which means any knife or instrument that has a blade, which opens automatically past pressing a push, spring, or other device on the handle. A ballistic knife, co-ordinate the New Jersey statute is a weapon or other instrument capable of lethal use and which tin can propel a pocketknife blade.

Knives Found in Vehicles

New Jersey code 2C:39-2, provides that when a weapon is found in a vehicle, it will be presumed to be in the possession of all of the occupants of the vehicle unless:

one. It is establish on the person of one of the occupants, then it will be considered to be in his or her possession, OR

2. The weapon is out of view of the occupants (such as in the glove box), then information technology will be presumed to be in the possession of the person having access to such space, (the driver, owner, or person who rented or leased the vehicle), OR

3. The vehicle is a cab and the weapon is plant in the passenger compartment, in which instance it will be presumed to exist in possession of all of the passengers and if there are no passengers, it will be presumed to be in possession of the commuter of the cab.

Conclusion on New Bailiwick of jersey Knife Police

While persons who have been convicted of certain crimes or who are mentally sick may not possess dirks, daggers, switchblades, stilettos, or gravity knives, anyone else may own any blazon of knife they wish, every bit long every bit they accept a lawful purpose for owning it, and do not intend to use it to damage another or his or her belongings.

New Jersey knife carry laws are quite unrestrictive, allowing for the open or concealed deport of any legal pocketknife.

The laws in New Bailiwick of jersey are very vague well-nigh when it is legal to possess or carry a dirk, dagger, switchblade, stiletto, or gravity knife, and anyone carrying any of these knives in New Jersey should be very careful to avert whatsoever circumstances, which may indicate that he or she is non carrying the knife for a legal purpose.