Current as of February 19, 2021 | Updated by FindLaw Staff
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a. Any person who has in his possession any firearm while in the course of committing, attempting to commit, or conspiring to commit a violation of N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, section 3 or section 5 of P.L.1997, c. 194 (C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c. 101 (C.2C:35-7), section 1 of P.L.1997, c. 327 (C.2C:35-7.1),N.J.S.2C:35-11or N.J.S.2C:16-1 is guilty of a crime of the second degree.
b. Any person who has in his possession any weapon, except a firearm, with a purpose to use such weapon unlawfully against the person or property of another, while in the course of committing, attempting to commit, or conspiring to commit a violation of N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, section 3 or 5 of P.L.1997, c. 194 (C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c. 101 (C.2C:35-7), section 1 of P.L.1997,c.327 (C.2C:35-7.1),N.J.S.2C:35-11or N.J.S.2C:16-1 is guilty of a crime of the second degree.
c. Any person who has in his possession any weapon, except a firearm, under circumstances not manifestly appropriate for such lawful uses as the weapon may have, while in the course of committing, attempting to commit, or conspiring to commit a violation of N.J.S.2C:35-3, N.J.S.2C:35-4, N.J.S.2C:35-5, section 3 or section 5 of P.L. 1997, c. 194 (C.2C:35-5.2 or 2C:35-5.3), N.J.S.2C:35-6, section 1 of P.L.1987, c. 101 (C.2C:35-7), section 1 of P.L.1997,c.327(C.2C:35-7.1),N.J.S.2C:35-11or N.J.S.2C:16-1 is guilty of a crime of the second degree.
d. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for a violation of any of the sections of chapter 35 or chapter 16 referred to in this section nor shall any conviction under those sections merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence imposed upon a violation of this section shall be ordered to be served consecutively to that imposed for any conviction for a violation of any of the sections of chapter 35 or chapter 16 referred to in this section or a conviction for conspiracy or attempt to violate any of those sections.
e. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation of N.J.S.2C:39-4 or N. J.S.2C:39-5 or any other provision of law.
f. Nothing herein shall prevent the court from also imposing enhanced punishments, pursuant to N.J.S.2C:35-8, section 2 of P.L.1997, c. 117 (C.2C:43-7.2), or any other provision of law, or an extended term.
Cite this article: FindLaw.com - New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 39-4.1 - last updated February 19, 2021 | https://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-39-4-1/
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