New Jersey’s statute 2C:39-10 has the lengthy formal title “Violation of the Regulatory Provisions Relating to Firearms, False Representation in Applications,” but is known informally as Falsification.
It, in very thorough detail, specifies a long roster of acts related to fraudulently buying, selling, or transferring firearms and weapons, and applies penalties to each.
It’s a complex statute, and the overview provided here is not meant as a substitute for seeking advice from an experienced New Jersey gun law attorney.
- Violations of regulations related to manufacturing, wholesaling, retailing, permits to purchase, permits to carry, certain gun licenses, crime of the fourth degree.
- Dealers who law enforcement determines have sold “an inordinate number” of firearms used in the commission of a crime can be called to a hearing, after which their dealer’s license can be permanently revoked.
- Licensed dealers who sell to a person knowing the gun will end up with a party who is disqualified from gun ownership can be charged with a crime of the second degree, face mandatory minimums, and permanently lose their retail license.
- Failing to notify authorities of possession of explosives or of certain wounds is a disorderly persons offense.
- Giving false information for a permit, gun license, or other weapons registration form is a crime of the third degree.
- Falsely certifying that an assault weapon is inoperable is a crime of the fourth degree.
- Selling, giving, or transferring a firearm to a person under 18 is a crime of the second degree, with a mandatory minimum sentence of five years.
- Selling, giving, or transferring a handgun to a person under 21 is a crime of the third degree.
- Using false information to purchase more than one handgun in a 30-day period is a crime of the third degree, and the presumption of non-imprisonment that would typically apply does not.
Obviously, there’s a lot to this statute, and a number of exceptions and carve outs that add complications.
For instance, while it’s generally illegal to give a 20-year-old a handgun, a 20-year-old in the armed forces or police is exempt from the provision.
2C:39-10 is rife with those types of complexities, which also make it especially dangerous to be charged under.
For disorderly persons offenses, you can go to jail for up to six months and face fines of $1,000.
At the fourth degree crime level, you can go to prison for 18 months and face up to $10,000 in fines.
As a third degree matter, you’ll face a three to five year sentence and $15,000 in fines.
For second degree crimes, the penalty is five to ten years in prison and $150,000 in fines.
Have you been charged with Falsification under 2C:39-10? Call our experienced New Jersey gun law attorneys right away at 732-625-9661 for a free consultation.