The following is a video transcript.
Today, I’d like to talk to you about non-lethal weapons in New Jersey..
What self defense weapons are legal in NJ?
The answer is very few. The only non-lethal weapon specifically authorized under New Jersey law is pepper spray; but only if it is under three quarters of an ounce. Other than that, there’s no specific law authorizing the carrying of a non-lethal weapon in New Jersey.
Stun guns and tasers – legalized?
You may have heard that stun guns and tasers have been ‘legalized.’ Recently, the law prohibiting stun guns and tasers proved unconstitutional in Massachusetts. There was a change in the law: stun guns and tasers are now allowed to be possessed, but only in your home. Due to caselaw, you may not preemptively arm yourself with a taser or stun gun when you leave your home. If you do preemptively arm yourself with a taser or stun gun and are caught, you could be facing criminal charges. So, do not carry a stun gun or a taser outside of your home.
Loopholes
Now, you can carry other non-lethal weapons outside of your home, but you can’t use them to preemptively arm yourself for self-defense purposes. For example, while you can have a Maglite in your car, you can’t have it in your car for the purpose of arming yourself, even though a Maglite would be a fine impact weapon. The purpose of possessing the item must be solely for the item’s intended use. Here, the purpose of possessing the Maglite would be to use it as a flashlight, not to use it as a weapon.
Now, if you use it as a weapon in an emergency, that’s a whole other story, and there are defenses that can be raised regarding your use of the non-lethal weapon in self-defense. Essentially, you cannot just carry weapons, even non-lethal weapons, with the exception of pepper spray that is under three quarters of an ounce, in New Jersey for self-defense.
If you have any other questions about non-lethal weapons, feel free to give a call to U.S. LawShield and ask for your Independent Program Attorney.
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The information provided in this presentation is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
Can I legally carry a pea shooter in NJ? Also, if I can, will I get in trouble if there are more than 10 peas in my mouth? After all, 10 round magazines are illegal in NJ, so I’d like to know if the 10 round restriction extends to pea shooters also.