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  1. #1
    ChrisH is offline Cadet
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    Pepper Spray laws in NJ

    I tried using the seach function and tried some internet searches, but came up empty.

    I was curious as to the owning/possession laws regarding pepper spray in NJ. I'm asking because my g/f was interested in buying some because she works in Camden, NJ. If anyone is familiar with the area, you know it's not the nicest place in the world.

    I'm back and forth from philly to NJ all the time and can easily pick some up in philly.

    Now I know pepper spray is illegal to ship/sell in NJ so my best guess is it's illegal to own/possess it also? Does anyone know the deal with this, or can someone point me to a website with the law and/or explanation? Thank you.

  2. #2
    FedAgent is offline Sergeant
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    pepper spray in NJ

    The criminal code of New Jersey is "Title 2C". The web link I normally use is down so I couldn't find the particular statute regarding pepper spray possession/use. However, I did find a link to NJ definitions of Title 2C terms; and NJ apparently defines pepper spray as/under the "firearm" definition; in that it produces noxious gas via gas propellant. I found this under
    Title 2C:39-1. I would surmise that IF pepper spray is still defined under NJ law as a firearm, that a permit would be required. I do know from living there that firearm permits may be applied for at your local police department. Ultimately, the County Prosecutor and a judge decide the fate of issuing the firearm permit. I've listed a link to the NJ Department of Law and Public Safety so you may call an investigator in the Attorney General's office for further query... http://www.state.nj.us/lps/
    Stay safe!

    FedAgent

  3. #3
    ChrisH is offline Cadet
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    Thanks for the help, I appreciate it.

  4. #4
    Alexander's Avatar
    Alexander is offline Sergeant
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    Maybe stop by your local police department and ask a cop? See what his/her take is on the situation at hand. Even if the cop says it is illegal for her to carry pepper spray it is better to be tried by twelve than carried by six.

    My mom was robbed 2 weeks ago (some guy knocked her on her ass and snatched her purse, she's ok) I kinda wish she could've emptied a bottle of OC on his ugly mug

    Al

  5. #5
    lestat is offline Sergeant
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    ok first of all, pepper spray canisters are NOT a firearm in NJ (although i wouldn't be surprised if they tried it). 2C:39-1r (definition of a firearm) is refering to weapons which fire gas or irritant PROJECTILES.

    as for possesing OC for personal defense, it is allowed as per 2C:39-6i which grants permission of persons 18 YOA+ to possess a "pocket-sized" device which releases a chemical substance "not ordinarily fatal" for personal defense.

    any NJ cop who would hassle a female for carrying OC in camden is an idiot. stay safe.

    any questions, call the NJSP firearms unit. the AG's office is clueless.

    edited to add AG comment
    Last edited by lestat; 04-20-2004 at 23:36.

  6. #6
    mpd622 Guest
    Not sure about NJ, But I know in CT & MA it requires an FID Card. As I've read this is the Norm alot of places. I would agree though, cunsult with your local police dept.

  7. #7
    delta107 is offline Banned
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    Quote Originally Posted by ChrisH
    I tried using the seach function and tried some internet searches, but came up empty.

    I was curious as to the owning/possession laws regarding pepper spray in NJ. I'm asking because my g/f was interested in buying some because she works in Camden, NJ. If anyone is familiar with the area, you know it's not the nicest place in the world.

    I'm back and forth from philly to NJ all the time and can easily pick some up in philly.

    Now I know pepper spray is illegal to ship/sell in NJ so my best guess is it's illegal to own/possess it also? Does anyone know the deal with this, or can someone point me to a website with the law and/or explanation? Thank you.
    I'm not sure how illegal it is to carry OC spray in NJ, though I'm sure NJSP will find away to bust you nonetheless. . I suggest you either buy your girl a handgun and train her....or....train each other

  8. #8
    ChrisH is offline Cadet
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    Thanks lestat for posting the criminal code and advice.
    Thanks to everyone else for the advice too.

  9. #9
    lestat is offline Sergeant
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    chris: go to a gun shop and ask about the OC. i still suggest asking the NJSP firearms unit becuase they are the clearing house for permits and firearms issues in NJ. i know for a fact that many law enforcement officers have a poor understanding of firearms laws in NJ and incorrectly assume everything is illegal. plus, the laws are written by ignorant politicians, so many of the laws do not fit neatly together.

    contray to what was said earlier, the NJSP will not "find a way to bust you". even if they did, i would still carry it and let the court toss it out.

    lastly, NJ doesn't have permit to possess handguns or rifles (assault weapons/machine guns excluded), just permits to PURCHASE. the yellow firearms ID card allows you to purchase shotguns and rifles.

    anyway, any cop who would hassle a female for carrying defense spray, esp in a hole like camden, is an idiot.

    good luck.

  10. #10
    delta107 is offline Banned
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    Quote Originally Posted by lestat
    chris: go to a gun shop and ask about the OC. i still suggest asking the NJSP firearms unit becuase they are the clearing house for permits and firearms issues in NJ. i know for a fact that many law enforcement officers have a poor understanding of firearms laws in NJ and incorrectly assume everything is illegal. plus, the laws are written by ignorant politicians, so many of the laws do not fit neatly together.

    contray to what was said earlier, the NJSP will not "find a way to bust you". even if they did, i would still carry it and let the court toss it out.

    lastly, NJ doesn't have permit to possess handguns or rifles (assault weapons/machine guns excluded), just permits to PURCHASE. the yellow firearms ID card allows you to purchase shotguns and rifles.

    anyway, any cop who would hassle a female for carrying defense spray, esp in a hole like camden, is an idiot.

    good luck.
    I'm sorry if my last post sounded rude, I'm just not too fond of NJ these days. My local gun shop is pretty good about legal advice however they always add some sort of a verbal disclaimer (about consulting a lawyer) . I think Lestat is correct about calling the NJSP to get a straight answer. Or even, why not make a phone call to the local PD or sheriffs office where you live. Wow, you need a firearms ID card to purchase a shotgun/rifle in NJ?
    Last edited by delta107; 04-21-2004 at 12:25.

  11. #11
    lestat is offline Sergeant
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    delta107: no problem. it's just that the NJSP has a taken a beating the last couple of years and people have a skewed opinion about them becuase of that.

    in any event, yes in order to purchase shotguns & rifles you need an ID card which is obtained after a background check. each time you purchase a pistol you have to apply for a purchase permit.

    i hear you about NJ, i'm aggravated daily by the lunacy of state government. i would love to move to somewhere with more sanity but there are two problems: 1. i'm not usre where that is 2. i don't want to go through another academy.

  12. #12
    FedAgent is offline Sergeant
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    concealed carry in NJ

    posted earlier:
    "lastly, NJ doesn't have permit to possess handguns"


    New Jersey is a “may issue” state, meaning that the chief police officer or superintendent of state police has discretion in determining whether or not to issue a concealed weapons permit to an applicant.

    N.J. Rev. Stat. § 2C:58-4 requires persons seeking to carry a handgun to apply for a permit through the New Jersey State Police (“NJSP”) or local law enforcement (in the city or county where the applicant resides). Among other requirements, the application must be endorsed by “three reputable persons” who have known the applicant for at least three years and who certify that the applicant is “of good moral character and behavior.” Section 2C:58-4b. Section 2C:58-4c states that no application shall be approved unless the applicant demonstrates that he or she:

    Is not subject to any of the disabilities set forth under section 2C:58-3c (see New Jersey Background Checks section);

    Is thoroughly familiar with the safe handling and use of handguns; and

    Has a justifiable need to carry a handgun.

    Applicants must submit fingerprints to facilitate the background check. Section 2C:58-4c.

    Following approval by the NJSP or local law enforcement, the applicant must present his or her application to the Superior Court in the county where the applicant resides. Section 2C:58-4d. The Superior Court must be equally satisfied the applicant meets the requirements to carry a handgun before it will issue a permit. Id. The fee for a permit is $20.

    Under N.J. Stat. § 2C:39-5b, any person who knowingly has in his or her possession any handgun without a valid permit to carry a handgun is criminally liable for a crime of the third degree.
    Stay safe!

    FedAgent

  13. #13
    lestat is offline Sergeant
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    correct, it is a permit to CARRY a handgun, but you don't need a permit to own one in your home, just to PURCHASE it. meaning if you move in from out of state, you don't need to do anything unless you want to carry it (which will be denied).

  14. #14
    FedAgent is offline Sergeant
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    10-4

    LESTAT,
    I'm clear now; I misunderstood your earlier point - which I now realize you're reference was comparable to NYC, where one must have a permit to have a pistol in their home. Forgive my ignorance. Being from Georgia it is VERY difficult for me to conceive of that; and it didn't "sink in" right away. By the way, you're having mentioned wanting to move but not wanting to go through another academy - I'm fairly certain Georgia POST Council will give reciprocity to the NJ PTC curriculum. I know Atlanta P.D. isn't hell bent on making police veteran applicants attend their academy anymore. I think it's about a one month orientation of agency policy/familiarization - FYI...

    P.S.
    I think Donald Trump's security detail is among the very few CCW holders in NJ.
    Stay safe!

    FedAgent

  15. #15
    lestat is offline Sergeant
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    believe me , i am pro-gun owner all the way and think it is a travesty when the average joe cannot have a pistol in their homes to protect themselves. i always cringe when i hear (usually younger) cops say "only we should have guns". i can understand the need to check out CCW applicants, but jersey has one of the strictest (and poorly written) gun laws in the state. oh well, i digress.

    thanks for the info on GA, i say i want to move, but i plan on sucking up and moving after i get my pension.

    stay safe all!


 

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