New Jersey’s Strict Laws on Possessing Weapons While Committing Drug Crimes

New Jersey has some of the strictest laws in the country when it comes to possessing weapons while committing drug crimes. Section 2C:39-4.1 of the New Jersey Code of Criminal Justice lays out the penalties for these types of offenses. This law was enacted to deter violence associated with drug distribution by imposing harsh punishments on those who possess firearms or other weapons while engaged in illegal drug activities.

Overview of N.J.S.A. 2C:39-4.1

The main purpose of N.J.S.A. 2C:39-4.1 is to impose enhanced criminal penalties on individuals who possess firearms or other dangerous weapons while in the course of committing drug distribution offenses. There are three main parts to this statute:

• Section (a) applies when a person possesses a firearm (handgun, rifle, shotgun, etc.) while committing certain serious CDS crimes like leading a drug trafficking network per N.J.S.2C:35-3, maintaining a drug production facility under N.J.S.A. 2C:35-4, manufacturing/distributing CDS per N.J.S.A. 2C:35-5, distribution in a school zone under N.J.S.A. 2C:35-7, and several other serious drug crimes. This is a second degree offense in New Jersey.
• Section (b) applies when a person possesses any other type of weapon (not a firearm) for an unlawful purpose against a person or property while in the course of committing the same serious CDS offenses. This is also a second degree crime.
• Section (c) applies when a person possesses any weapon (other than a firearm) under circumstances not appropriate for lawful use while committing the same CDS offenses. This is a third degree offense.

Penalties Under N.J.S.A. 2C:39-4.1

The penalties for being convicted under N.J.S.A. 2C:39-4.1 are quite severe:

• Second Degree Crimes: 5-10 years in New Jersey State Prison and fines up to $150,000
• Third Degree Crimes: 3-5 years in prison and fines up to $15,000

Any prison sentence imposed under this statute must run consecutively to any term imposed for the underlying drug crime, rather than concurrently. This means significantly longer total prison time.

The Graves Act also comes into play, requiring mandatory minimum prison terms for illegal possession of firearms. First time offenders face a minimum of 3 years in prison without parole eligibility.

Real World Examples

To understand how N.J.S.A. 2C:39-4.1 works, consider these real world examples:

• Mark is arrested for possessing 2 ounces of cocaine with intent to distribute under N.J.S.A. 2C:35-5. When police search his home, they also find a loaded 9mm handgun. Mark is charged with both the CDS distribution offense and possession of a firearm while committing a CDS crime under 2C:39-4.1(a).
• Amanda is growing 15 marijuana plants in her home and sells the excess illegally. Police obtain a search warrant and find the grow operation plus a baseball bat that Amanda kept for protection. She is charged with maintaining a drug production facility under 2C:35-4 and possession of a weapon (the bat) while committing a CDS offense per 2C:39-4.1(c).
• Daniel is a member of a gang that distributes methamphetamine on the streets. He always carries a switchblade knife in case a deal goes bad. When he is arrested for conspiring to distribute meth per N.J.S.A. 2C:35-5, he is also charged with possession of a weapon (the switchblade) for an unlawful purpose under 2C:39-4.1(b).

As you can see, the enhanced penalties under 2C:39-4.1 can add substantial prison time to any underlying drug conviction. This statute takes the already strict New Jersey drug laws and ratchets up the consequences when weapons are involved.

Defenses to Charges Under N.J.S.A. 2C:39-4.1

While the penalties for violating N.J.S.A. 2C:39-4.1 are clearly harsh, there are defenses that an experienced criminal defense attorney can raise on your behalf to fight the charges, including:

• Lack of Possession – Argue that you never actually possessed the weapon or firearm in question. The prosecution has the burden to prove possession beyond a reasonable doubt.
• Lack of Nexus – The state must prove that the weapon was possessed “while in the course of” committing a CDS offense. Argue there was no temporal nexus between the drug crime and possession of the weapon.
• Unlawful Search – If the search that uncovered the weapon or drugs was illegal, file a motion to suppress the evidence seized. This can defeat the charges entirely.
• Entrapment – Raise a defense of entrapment if you were improperly induced or coerced by police into committing the offenses.
• Self-Defense – For possession of a weapon under 2C:39-4.1(c), argue that you had the weapon for lawful self-defense purposes.

Having an experienced criminal defense lawyer in your corner who understands New Jersey’s strict gun and drug laws is critical when facing charges under N.J.S.A. 2C:39-4.1. Don’t hesitate to contact a lawyer for help fighting these serious accusations. The stakes are high, but an effective defense can possibly avoid many years in state prison.