An Overview of NJ Knife Laws
One of the most important things to know if you live in or are visiting New Jersey and carry a knife is that statutes N.J.S.A. 2C:39-5 and 2C:39-6 lay out where you can carry a knife and what kind of knife you can carry. N.J.S.A. 2C:39-5 states in part (e):
(e) Any person who knowingly has in his possession any weapon under circumstances not manifestly appropriate for such lawful uses which include, but are not limited to, demonstration as part of a lawful activity, going to or from a place of legal purchase or sale, going to or from a licensed target range or other authorized place of testing or lawful display, going to or from a place of temporary lodging other than for the purpose of setting up a temporary or permanent residence and gathering with other persons for a lawful purpose in a private place .
Under N.J.S.A. 2C:39-6, it is lawful to carry:
a. Any knife legal to own, possessed for, or carried on one’s person for any of the following lawful purposes:
The list continues from here. See the statute for more specifics.
As the above statutes illustrate, there are multiple ways in which New Jersey law allows for knife possession and use. For example, it is legal to possess a knife for one of the legitimate purposes listed in the statutes (e.g., knife listed in 2C:39-6). However, you have to be careful. If you use your knife to commit a crime (robbery, assault, etc.), then you will be charged with whatever crime you committed as well as unlawful possession of a weapon. See N.J.S.A. 2C:39-4. That’s a 3rd-degree offense.
Types of Knives: Legal to Illegal
New Jersey law strictly prohibits possession of weapons such as dirks, daggers, dangerous knives and other offensive weapons. Although knife laws in the Garden State are not always explicitly defined, basically any knife that can be opened quickly with the thumb or switch of a button is illegal. It is also illegal to carry knives in larger quantities than generally carried for utilitarian purposes, meaning common pocket knives and larger camping knives and blade tools are considered illegal. It is also illegal to carry a gravity knife or nunchaku and New Jersey law says it is prohibited to possess a knife while committing a crime, i.e. using an illegal knife to hurt someone.
Carrying Knives: What You Can and Cannot Carry
While every state in the U.S. has laws regarding carrying knives in public, New Jersey is one of the most restrictive. In most cases, you do not have the right to carry any sort of knife, with very few exceptions. Knives are generally classified as "slungshot", dirks, daggers, and "gravity knives", all of which are prohibited. However, all knives with blades that are over three inches long are also prohibited. That leaves an awfully small number of knives that a person could legally carry in New Jersey.
The only other exception is a folding knife that is only illegal if you can tell that the knife is prohibited. Carrying a knife that you are not aware is prohibited is not a crime, even if the police find the knife in your possession.
Knives Are Considered Weapons
Apparently, even a folded pocket knife can do enough damage that the state of New Jersey considers it a weapon. Because of this, New Jersey knife laws attempt to definitely which knives fall into this gray area and which ones don’t.
By law, a knife with a blade longer than 5 inches is considered a prohibited weapon, but few people actually carry knives with blades longer than 5 inches or even 4 inches. Though it is not illegal, even if the blade is covered, a dirk, dagger, and "sword cane" – a cane that has a blade inside of it – are all illegal in New Jersey.
Exemptions
Just as there are no knives that are legal for everyone to carry in New Jersey, there are also no exemptions from the knife laws in New Jersey. Even police officers frequently get in trouble for having a knife or switchblade in their locker. Many circumstances under which a police officer can be found with a knife in New Jersey will leave them facing difficulties. They have committed the same crime anyone else would under those circumstances.
The only time a person can legally own a knife without getting into trouble is if they do so while using a valid New Jersey handgun carry permit. All knife owners are advised to obtain a carry permit and keep their knives concealed at all times.
Penalties for NJ Knife Law Violations
Violating knife laws can carry stiff penalties, up to and including, potentially years in prison and thousands of dollars in fines.
Pursuant to NJS 2C:39-5, the unlawful possession of a knife is charged as a fourth degree indictable (felony) offense. A fourth degree offense in New Jersey is punishable by up to 18 months in state prison and a fine of $10,000. This includes such offenses as carrying a knife concealed on your person or in your car, or carrying a switchblade knife, stiletto knife, dagger, dirk, or dangerous knife or blade commonly known as a "razor Italian."
The unlawful possession of a knife with a blade length of over five-inches is charged as a disorderly persons (misdemeanor) offense. A disorderly persons offense is punishable by up to six months in jail and a fine of $1,000. For example, if you are caught with a knife with a blade length of over five-inches your arrest will occur under NJS 2C:39-5.d, which states, "Any person who knowingly has in his possession any dagger, dirk, razor, or stiletto knife of any kind other than expressly permitted by subsections a., b., and c. above [weapons knowingly in possession at home, workplace, or on one’s person while traveling] except a penknife, folding knife, or a knife unwittingly obtained, is guilty of a disorderly persons offense." Thus, pocket knives in which the blade length is less than or equal to five inches is legally permitted in New Jersey.
Exceptions to and Defenses for NJ Knife Laws
There are two main exceptions to the prohibition on knife possession in New Jersey. The first exception, N.J.S.A. 2C:39-6(e), provides in pertinent part: Notwithstanding the provisions of subsections a., c., and d. of this section, it shall not be unlawful to possess any dirk, knife, penknife, folder, or other instrument commonly known as a straight edge or gravity knife, gravity blowout knife, stiletto knife, bowie knife, dagger, or disguised knife, capable of use primarily as a weapon, and not readily adaptable to ordinary use as a cutting instrument: (a) Upon the land or in the trunk or glove compartment of a motor vehicle. (b) At the residence of the actor. (c) On his person while traveling. (d) Directly en route between the places referred to in the above paragraphs. *** The second and most commonly used exception deals with the lawful use of knives for specific purposes: "b . It is an affirmative defense to prosecution for possession of a weapon for an unlawful purpose that the weapon was possessed as follows: (1) In the performance of duties as an honorably retired member of an organization of veterans. (2) For any lawful agricultural or horticultural purpose. (3) In the performance of official duties as an employee or active member of a duly authorized security police force of any private employer, of any other governmental agency, or of the United States provided that the employee or member possesses a letter of good standing from the employer or agency. (4) By a registered professionally trained locksmith licensed by a political subdivision of this State in the permitted course of his profession or employment. (5) By a person who is employed as an armored car guard, provided that the person is permitted to possess a firearm in the course of his employment. [emphasis added]
How to Remain NJ Knife Law Compliant
When it comes to knife ownership and carrying in the State of New Jersey, it is important to understand how you can legally own and possess these weapons. You cannot carry a knife for a purpose justifiable as "self-defense." You are only permitted to keep the knife in your home, place of business, or on your property for "common lawful purposes." The law does not define what "common lawful purposes" means, but the definition would obviously apply to items like "hunting, fishing, and cooking."
So, other than common lawful purposes, when are you allowed to carry a knife? Again, the law is fairly vague but it speaks of two primary exceptions, (1) knives you carry openly, and (2) knives to be used for religious purposes. If the knife is sheathed in a sheath in accordance with NJ law, you may carry on your person a blade as long as it is not a prohibited deadly weapon. As for knives for religious purposes, they may be worn on your person so long as you carry them in a sheath. This would make sense as members of the Sikh religion wear ceremonial daggers as part of native dress. They would obviously be exempt from prohibitive laws like this.
The takeaway is this: you can carry a knife only in accordance with "common lawful purposes" (i.e. hunting, fishing, and cooking), you can carry a knife in handy sheaths, or you can wear a knife as part of your religion. Otherwise, your best bet is to keep your knives in a safe and clean hobbyist space – your home – and call it a day.
Recent Developments and Proposals
The legal landscape regarding knife ownership and use in New Jersey is always changing, and it seems that legislative proposals pop up, flourish and die with some regularity. This year has been no exception. One of the more discussed proposals is A4908, a bill injecting N.J.S. 2C:39-3 and 2C:39-5, basically creating a separate class of knife crimes and defenses.
These bills would bring an interesting conundrum to the surface. Under the current knife laws in NJ, it is illegal to possess any "dirk, daggar, stiletto, or other dangerous knife, instrument or weapon." However, there is an exception to that prohibition, meaning it is perfectly legal to own regulated knives or weapons like daggers or switchblades if you have a justifiable need for them. That means they’re legal to possess if you use them in a home or business that you run, or for some other legitimate purpose, like craftsmanship . As a tactical knife enthusiast, in New Jersey, I can tell you that people in my circles ambiguously skirt into the gray area of the law when discussing whether knives are artifacts or tools, or weapons. The recent legislation sets a clear line as to what we can and can’t carry. Using this language would overturn the gray area we live with today, making our lives much easier.
In the same bill, they added subsection 7 that essentially codifies that concealed carry is valid for knives, or at least not automatically illegal. Similar language frequently appears in legislative proposals but never passes. Even with an automatic right to carry knives, there’s no justification for some of these earlier proposals to pass. So, it makes sense that concealment was not codified in the new bill.
As mentioned before, these knife laws do change from time to time – or, at times, the Introduction or passage die in Committee. We’ll have our eyes peeled for any future proposals affecting knife laws in NJ.