Are Switchblades Legal In Bergen County?

New Jersey has some of the toughest gun laws in the country, and most people are aware of this fact. The State’s knife laws are perhaps less well-known, and many residents face serious penalties for mistakenly carrying or possessing banned blades. Some types of knives are legal, while others are not – and it can be difficult to understand the technical differences between these various tools and weapons. A criminal defense lawyer in Bergen County may be able to shed light on this complex issue.

Switchblades Are Generally Illegal in New Jersey 

In most situations, switchblades are illegal in New Jersey. This is also the case with a few other types of blades, including gravity knives, daggers, dirks, and stilettos. In legal terms, a switchblade is defined as a knife that opens with a button. This is often a spring-loaded mechanism that causes almost instantaneous “deployment” of the blade. Even in the absence of a button or lever, a knife may still meet the definition of a switchblade if it opens by gravity, through inertia, or automatically.

For all intents and purposes, there is very little difference between a switchblade and a normal pocket knife. A skilled user can deploy a pen knife blade in less than a second, and many believe that the ban on switchblades is somewhat arbitrary. If you are convicted of possessing a switchblade, you could face up to 18 months in prison and a $10,000 fine.

What to Do if Caught With a Switchblade in Public 

If you are caught with a switchblade in public, a solid rule of thumb is to remain silent. Anything you say can and will be used against you, and your attempt to explain yourself could get you deeper into trouble. In New Jersey, you may escape criminal charges if you were carrying a switchblade for a “lawful purpose.” However, it is important to note that self-defense outside of your home is not a “lawful purpose” as far as switchblade possession is concerned.

Therefore, you should always avoid saying that you were carrying your switchblade for self-defense purposes. Although it might be possible to give some other valid reason, your best bet is to remain silent and speak with a lawyer before trying to explain why you have a switchblade in your possession. Your lawyer can help you answer this question in an effective manner. Perhaps most importantly, your silence cannot be construed as a sign of guilt thanks to the Fifth Amendment of the United States Constitution.

How Can a Bergen County Defense Attorney Help? 

Phillip J. Murphy, Attorney at Law can assist those facing weapons charges in New Jersey. We know that the Garden State’s various prohibitions can be confusing – especially when it comes to knives. While the state is relatively clear about the legality of switchblades, it may be difficult to determine the legal definition of this weapon. Contact our law firm today to discuss this subject in more detail alongside an experienced New City criminal defense lawyer.

Sources: 

akti.org/state-knife-laws/new-jersey/

pub.njleg.gov/bills/2018/PL18/39_.PDF