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What is New Jersey’s Stance on ‘Exotic’ Weapons?
As a criminal defense attorney serving Toms River and the greater New Jersey area, I often get questions about weapons that aren’t firearms. People wonder about the legality of what they might see as “exotic” weapons, like swords, machetes, or throwing stars. It’s a valid question because New Jersey’s laws are strict, and a seemingly harmless item could lead to serious criminal charges.
My goal is to explain the law clearly and helpfully. This page is not legal advice, but it will help you understand the statutes and risks of owning or carrying these items.
What is New Jersey’s “Explainable Lawful Purpose” Rule?
New Jersey law does not have a separate, specific category for “exotic” weapons. Instead, it classifies items based on their potential to inflict harm and the reason for a person’s possession of them. The most important law to understand is N.J.S.A. 2C:39-3(e), which makes it a crime to possess certain weapons “without any explainable lawful purpose.”
This is a critical distinction. It means that while the law doesn’t flatly ban items like swords or machetes, it puts the responsibility on you to prove that you have a good, legal reason for having them. If a police officer stops you and asks about a machete in your car, your answer can determine if you are arrested or not.
The law is deliberately vague about what counts as a “lawful purpose.” It’s not about what the item is, but what you are doing with it.
Are Swords and Machetes Legal in New Jersey?
New Jersey law doesn’t explicitly list swords and machetes as prohibited weapons. A machete, for instance, is a common tool for yard work or clearing brush. A sword might be a collector’s item or part of a historical reenactment. These items are generally legal to own and can be purchased without a permit.
The legal issue arises when you carry them in public. If you are a landscape worker in Toms River and you have a machete in the back of your work truck, that is a clear and explainable lawful purpose. But if you are walking down a street in downtown Toms River with a machete on your back, a police officer would have reason to question you. In that scenario, arguing you have a “lawful purpose” for carrying it would be much harder.
Possessing a sword as part of a locked collection in your home is also typically considered lawful. The law is concerned with a person who possesses these items under circumstances that are “not manifestly appropriate for such lawful uses as it may have.” N.J.S.A. 2C:39-5(d) covers this kind of situation.
Are Throwing Stars Legal in NJ?
Throwing stars, also known as shuriken, are treated differently under New Jersey law. While many types of knives are subject to the “explainable lawful purpose” rule, throwing stars are often considered a type of weapon that is not for any legitimate purpose.
The law does not explicitly list throwing stars as an illegal weapon, but they can fall under the broad definition of a weapon that is designed to inflict serious injury. It would be very difficult to argue an “explainable lawful purpose” for having a throwing star in your possession. They are not tools for a trade and have no clear recreational use beyond being a weapon.
Because of this, possessing a throwing star could lead to a fourth-degree criminal charge under N.J.S.A. 2C:39-3(e), punishable by up to 18 months in state prison and a fine of up to $10,000. It is a serious charge that I have seen prosecuted.
How Criminal Intent Changes Everything
New Jersey law takes a person’s intent very seriously. Even if a weapon is not on the prohibited list, it becomes a much more serious crime if you are found with it and have the intent to use it against a person or property. This is covered under N.J.S.A. 2C:39-4(d). The statute states that possessing any weapon, other than a firearm, with “a purpose to use it unlawfully against the person or property of another” is a crime of the third degree. A third-degree crime is an indictable offense, similar to a felony, that can carry a sentence of three to five years in prison.
For example, if you get into an argument with a neighbor on a street in Toms River and you brandish a machete, even if it is for yard work, you could be charged with possessing a weapon for an unlawful purpose. The context of the situation matters far more than the item itself.
Schedule Your Free Initial Consultation with a Criminal Defense Attorney Today
The laws on “exotic” weapons are not simple. A person can be arrested in Toms River for possessing an item they thought was legal. The police officer and the prosecutor have a lot of discretion in deciding whether to press charges.
If you or someone you know has been charged with a weapon possession crime in New Jersey, it is essential to act quickly. I believe in providing help when it is most needed. I understand the nuances of these laws and how they are applied in Ocean County. My practice is built on a helpful approach, which is why I offer free consultations and a flat-fee structure in most cases. I aim to ease your burden and give you a clear path forward.
You do not have to navigate this system alone. I am here to answer your questions and provide the knowledgeable, reassuring guidance you need. Please call me today at (732) 582-5076 to schedule your free case review.
