N.J. Stat. § 2C:39-4.1

Current through L. 2022, c. 101.
Section 2C:39-4.1 - Weapons controlled dangerous substances, offenses, penalties
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 ) or N.J.S. 2C:35-11 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, sections 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 ) or N.J.S. 2C:35-11 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 ) or N.J.S. 2C:35-11 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 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 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.

N.J.S. § 2C:39-4.1

L. 1998, c. 26, c. 443, s. 4, eff. 1/11/2002.