Weapons Used for Self Defense Allowed in NJ

In New Jersey, the issue of self defense weapons is no laughing matter. State law sets out a strict legal framework for the ownership and use of weapons in general, giving more severe penalties for weapons classified as illegal. This includes weapons used for self defense.
N.J.S.A. 2C:39-5(a) states that "[a] person commits the crime of possession of a weapon for an unlawful purpose if he has in his possession any firearm … [or] any other weapon … ." The law goes on to say that this is true if the person possesses the weapon with a "purpose to use it unlawfully against the person or property of another." Put another way, if a man is attacked on the street and stabs a guy back in self-defense, he has not broken the law because he did not intend to use the weapon illegally. Conversely, if a man intentionally carries an illegal knife to the supermarket because he wants to stab someone, he violates the law if caught with the switch blade in the store.
For the purposes of N.J.S.A. 2C:39-5(a), a weapon is "for an unlawful purpose" if it is carried to "commit or facilitate the commission of a … crime . " What this means is that if someone is caught carrying a weapon during the commission of a robbery, he can be charged with possession of a weapon for an unlawful purpose.
Next, N.J.S.A. 2C:39-5(b) makes it a crime to knowingly have a prohibited weapon in your possession. Such prohibited weapons include certain guns and knives. Possessing handguns without a valid permit is a Third Degree offense, but possessing certain other knives – particularly daggers, dirks, switchblades, and stiletto knives – is a Fourth Degree crime.
Then there are the so-called "illegal weapons," such as stun guns, brass knuckles, and other "wild weapons" listed at N.J.S.A. 2C:39-3(e). Under the statute, it is a Fourth Degree crime to possess such a weapon without a Permit to Carry a Handgun.
The exceptions to these laws are narrow and usually don’t apply. For example, although you may own certain knives and guns, it is illegal to carry them around unless there is a clear purpose behind the possession. Simply having something for protection is not a bona fide legal purpose for carrying it.

Weapons You Can Carry in New Jersey for Self Defense

If you do possess a self-defense weapon, it is crucial that you carefully consider the type of weapon and its legality. There are numerous weapons that may be used for self-defense in New Jersey without illegal consequences. For instance, pepper spray can be legally carried and used in cases where you believe you are at risk of bodily harm. Pepper spray is effective in both temporarily blinding your assailant and irritating their skin and lungs. At the same time, pepper spray is fairly stationary – meaning that its use is limited only to those circumstances in which you are threatened by a single person and cannot safely escape.
Fortunately, New Jersey laws also recognize the legality of the stun gun. A stun gun is a handheld battery-operated device used to deliver an electrical shock to the attacker. To be clear, the shock of a stun gun does not actually prevent or injure the alleged attacker – but rather only provides the victim with an opportunity to escape the ambush safely and/or alert authorities. You can obtain a stun gun legally merely by submitting a form certifying that you have no intention of using it to commit a crime, along with a $5 fee.
Moreover, a knife may also be used in the context of self-defense, provided you can establish that you had "no reasonable alternative" to the use of the knife. However, knives fall under New Jersey weapons statutes. A set of two knives is permitted (not automatic) if you carry them with the purpose to use them for self-defense in emergencies. But any subterfuge is easily revealed by police who may discover you toting them about. Unless the knives are locked away, they’ll probably be seized for weapons offenses.

Pepper Spray Laws in NJ

Pepper spray is the most popular legal self-defense weapon in New Jersey. This is because it is easy to carry, readily available, inexpensive, difficult to misuse, and causes minimal long-term injury to assailants (with the exception of those with pre-existing medical conditions). There is one major issue with pepper spray (that is distinct from cases involving stun guns, knives, and firearms) – the age of the purchaser. Certain items, such as ammunition for guns, can be purchased at any age in New Jersey. However, other self-defense weapons including pepper spray (also called mace) require the purchaser to first be over the age of 18. This restriction means that not only is it illegal for a minor (who is under the age of 18) to purchase pepper spray, it is also illegal for an adult to purchase pepper spray for a minor.
In terms of any restrictions on purchasing more than one item of pepper spray at a time, the law does not impose any such limits (aside from the age restriction). Therefore, an adult may legally purchase as many items of pepper spray as he or she desires.
The second area where laws regarding the use of pepper spray in NJ differ from other weapons is in the circumstances where such weapons can be legally used. While you can legally have pepper spray in your home or in your vehicle and you can legally carry it around (if you have a concealed carry permit) – it is illegal to have pepper spray present at a bank, church, school, grade school, or other area where you are trespassing. Similarly, it can be illegal to have pepper spray present at certain types of security checkpoints, such as at an airport or government facility.
The biggest area where this limitation effects the use of pepper spray is when it comes to self-defense and accusations of excessive force. In many cases, even if the use of pepper spray is legal in a given situation, it can still be illegal if it is determined that you carried the pepper spray into a restricted area. This can be a critical issue if the police are called and charged with investigating the incident.

Use of Tasers & Stun Guns

In June 2017, on the heels of the New Jersey Assembly approving legislation governing the possession and use of stun guns and tasers for civilian purposes, the Federal District Court for New Jersey in J.M. v. Attorney General of the State of New Jersey, rendered a nuanced decision which holds that existing state laws and regulations prohibiting civilian use of stun guns and tasers are facially unconstitutional, but that newer legislation enacted after the lawsuit was filed is constitutional. As a result, while sales of these devices to civilians are now again permissible in the State of New Jersey, pursuant to the new legislation gun sellers must comply with certain statutory requirements to ensure that users are trained in the appropriate use of these devices, and are subject to criminal background restrictions. Moreover, although the Federal District Court held that it was constitutionally permissible for New Jersey to ban tasers and stun guns from school grounds, that too is subject to seemingly conflicting legislative limitation. Thus, while tasers, stun guns, and other similar devices may be permissible elsewhere in the State, possession is banned in schools until further resolution of the issue.

Non Lethal Self Defense Weapons

There are a number of non-lethal and less-lethal self defense options that are legal for anyone to own and carry on their persons. The first and foremost being that of a personal alarm. This is a widely overlooked defensive tool that can be incredibly useful, especially in times of emergency. People tend to be clustered and organized in large groups bad assailants, such as in schools or public events. It is entirely possible to utilize a personal alarm to alert and draw attention (as well as frighten) hostile individuals or attackers. Keep in mind, these devices can be quite bold and would not be ideal if you were trying to discreetly get away from a hostile individual while in a public place. Or, if you don’t want people thinking that there is a need to become involved in an "altercation" if it’s not a life-threatening one. So if you are in a car , you could use one of these alarms in a pinch to alert bystanders who might be able to help you.
Another option may be the use of a tactical pen. While this is more like a reusable self defense tool, it would make a decent alternative to a knife. Primarily, these pens are metal, fairly heavy, and usually have a point that is both sharp and blunt. There are kits you can buy for various self defense purposes, including pens like these. They are quite useful if you are wondering if knives are legal to own and carry. People assume that there are only other nut cases who carry these, but there are actually many out there and they are used for various purposes. Interestingly, many New Jersey police officers have these as a part of their every day gear. That makes sense when you consider these are ideal to keep handy as you’re out and about; especially if you would like to be discreet and yet still sophisticated.

Selecting a Personal Defense Weapon

The process of choosing the most effective self defense weapon in NJ doesn’t have to be difficult, but it is by no means as simple as picking the first thing that looks good at the gun shop. There are multiple factors to consider before you purchase a legal self defense weapon in NJ. What’s your personal safety needs? What all are you planning on using the weapon for? Do you need something that is easy to use? Is there a limit to how much you are willing to spend? And, of course, you have to make sure you know the law and can get the permit.
Knowing what exactly you want the weapon for will give you the best idea of what kind of weapon is appropriate. If you are looking for a weapon to protect yourself from a determined attacker, you may want to consider something a bit stronger like pepper spray or a stun gun. Something for more general protection while walking in the streets or elsewhere would be a different weapon. A nifty or dangerous-looking weapon can act as a deterrent, but you should also understand that the perpetrator might not care either way and go right for you.
Other factors that affect your choice of legal self defense weapons in NJ include your lifestyle and climate. If you live in an apartment building in a city, you’d want different equipment than if you lived in a tiny cottage in the woods. As with anything else, there is no one-size-fits-all solution.
It’s not surprising that ease of use would factor into the choice of a self defense weapon. Just about any device can cause harm if it is used effectively. Learning how to handle a taser or some other device does not take long, but many people may have difficulty using more complex weapons. In addition, just about anyone can use a gun, but they are illegal to carry without a permit, so you’ll need to get a permit first. The taser, on the other hand, is perfectly legal.
Obviously, personal safety should be the main focus when making this decision. But, again, keep in mind that your safety could also depend on where you are or what your lifestyle is like. You probably wouldn’t use a taser or knife to stop someone from stealing your wallet, for example. These decisions vary from person to person and situation to situation. Determining which weapon works best, then, is a subjective process.
There is also a cost to determine. Many NJ residents want to carry a taser, but there are various prices and brands. We all know that the most expensive is not always the best. However, neither is the cheapest solution. So, how does one sort out which purchase is a wise investment?
You simply pay attention.
Simply look at the specs of the product. If a company has a well-known and favored brand among the taser community and they are offering top quality specs, it’s worth shelling out a bit of cash for a taser that you know will be dependable. This is not to say that there are no other tasers with great records, but only that it might be better to pay extra for a less well-known taser or other weapon with good reports than it is to risk a few bucks on something that is unknown.
In the end, it’s a balance and a matter of common sense.
NJ’s self defense weapons statute is in N.J.S.A. 2C:39-6, which requires a permit for any firearm, stun gun, or martial arts weapon. Air powered guns and pepper sprays do not require a permit, however.

Criminal Penalties for Misusing Weapons

Regardless of the weapon you choose, the consequences for misuse can be severe. Under New Jersey law, if you misused one of the aforementioned self defense weapons, you could face criminal charges. As stated above, Misuse of Non-Lethal Weapons is a disorderly persons offense punishable by a maximum $1,000 fine and six (6) months in county jail. This can be compounded by any other charges stemming from your misuse of these weapons including harassment, assault, terroristic threats, robbery, or aggravated assault. This can further damage your reputation as these charges are not meritorious charges. This can be especially damaging if these are additional concomitant criminal charges arising from a single incident. While Non-Lethal Weapons can defend you from a dangerous situation, their unintended use in a volatile situation can have severe consequences . For example, any student, teacher, or parent who attends a school in New Jersey knows that bringing even a kitchen knife to school is illegal. If you use a stun gun, a pepper spray, or a large stick, you stand the chance of being charged with serious criminal offenses in addition to the Misuse of Non-Lethal Weapon charges. To be sure that this does not happen, it is best to keep your weapons concealed until you absolutely need to use them. Second, ensure that your weapon is not used for school or work. Third, ensure that your weapon is not brandished in public. Fourth, if your weapon is discovered, explain to the police that you use it as a means of self defense and that you have a valid self defense permit for the item. Finally, if you intend to use a non lethal weapon to defend yourself, only use an amount of force in response to the threat you are facing and only use enough force to stop a threat. Misuse of a weapon will have serious consequences.