NJ 2C:39-2. Presumption of firearm possession and no license.

Defending NJ 2C:39-2.  Presumption of firearm possession and no license.

After you read the following NJ Criminal Statute (Presumption of firearm possession and no license) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case.  The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor.  Call the number above for a free 24×7 phone consultation.

NJ Statute: 2C:39-2.  Presumptions.

a.  Possession of firearms, weapons, destructive devices, silencers, or explosives in a vehicle.    When a firearm, weapon, destructive device, silencer, or explosive described in this chapter is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one. If there is more than one occupant in the vehicle, it shall be presumed to be in the possession of all, except under the following circumstances:

(1) When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone;

(2) When the vehicle is not a stolen one and the weapon or other instrument  is found out of view in a glove compartment, trunk or other enclosed customary  depository, it shall be presumed to be in the possession of the occupant or  occupants who own or have authority to operate the vehicle;  and

(3) When the vehicle is a taxicab and a weapon or other instrument is found  in the passenger’s portion of the vehicle, it shall be presumed to be in the  possession of all the passengers, if there are any, and if not, in the possession of the driver.

b.  Licenses and permits.    When the legality of a person’s conduct under  this chapter depends on his possession of a license or permit or on his having  registered with or given notice to a particular person or agency, it shall be  presumed that he does not possess such a license or permit or has not  registered or given the required notice, until he establishes the contrary.

L.1978, c. 95, s. 2C:39-2, eff. Sept. 1, 1979.  Amended by L.1979, c. 179, s. 1, eff. Sept. 1, 1979.

AKA: NJ Criminal Charge 2C:39-2, Violation 2C:39-2, Offense 2C:39-2

Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.

home-publications