Possession Of A Large Capacity Magazine
Possession Of A Large Capacity Magazine is governed by criminal statute N.J.S. 2C:39-3. Under this statute, any person who has in his or her possession a large capacity magazine, is guilty of a crime of the fourth degree unless that individual has specifically obtained authorization pursuant to the registration requirements of an assault firearm under New Jersey law. A fourth degree criminal conviction can carry up to eighteen months in a New Jersey state prison, a period of probation, fines and community service. A large capacity magazine is defined under New Jersey statute 2C:39-1. Under this statute, a large capacity magazine is defined as a tube, box, drum or other container that is capable of holding more than 15 rounds of ammunition which can be fed directly and continuously into a semi-automatic firearm.
Though not specifically detailed in the statute, an individual who is either a law enforcement officer and or a member of the armed services will not be subject to prosecution under this section so long as the individual has specific authorization to possess a large capacity magazine under New Jersey law.
The offense of Possession Of A Large Capacity Magazine is often accompanied by other offenses such as the unlawful possession of a handgun or the unlawful possession of an assault rifle. Those offenses, are much more serious offenses as they are second degree offenses and carry between five and ten years in a New Jersey state prison as well as specific periods of parole ineligibility. In some circumstances the offense of Possession Of A Large Capacity Magazine may merge with other weapons offenses or any sentence may run concurrently with the other charge. If the offenses merge, this means that an individual may not be sentenced separately for each offense. If the sentences run concurrently, they must run at the same time.
Even if the charge of Possession Of A Large Capacity Magazine is not accompanied by a more serious criminal offense, under New Jersey law, an individual charged with this offense may still face very serous penalties.
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