Current Law
New Jersey splits this into two separate offenses, which is regularly collapsed into one and should not be.
N.J.S. 2C:39-3(c), possession: “Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.”
N.J.S. 2C:39-9(c), everything else: “Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree.”
“Dispose of” is defined broadly at 2C:39-1(d) to include giving, giving away, leasing, loaning, keeping for sale, offering, selling, transferring, “or otherwise transfer[ring] possession.” Handing one to a friend is a separate offense from having it.
The Penalty
Both are crimes of the fourth degree, ordinarily punishable by up to 18 months imprisonment and a fine of up to $10,000.
A sourcing note, because we would rather flag it than paper over it: New Jersey does not publish a browsable official statutes database, and we could not retrieve the enacted text of the sentencing provisions from a primary source. The 18-month and $10,000 figures come from an official legislative sponsor statement on the Legislature’s own site. Confirm against a printed official edition before relying on the exact numbers.
Who Is Exempt, and Who Is Not
2C:39-3(g)(1) exempts “any member of the Armed Forces of the United States or the National Guard, or except as otherwise provided, to any law enforcement officer while actually on duty or traveling to or from an authorized place of duty,” provided the possession is duly authorized.
Note what that exemption attaches to. By its terms it applies to subsections of 2C:39-3 only, which is the possession offense. On its face it does not reach the manufacture, transport, and sale offense at 2C:39-9(c).
There is no film or theatrical exemption.
Alternatives
If you want to own and use suppressors, your options include:
- Move to one of the 42 states where suppressors are legal
- Use suppressors while visiting legal states (with proper arrangements)
- Support legislative efforts to change New Jersey law
Legislative Outlook
No enacted change to either silencer provision in 2024–2026. Several bills touch the surrounding sections without altering the silencer rules, including S1268 and A4890 on machine gun conversion devices and S3232 on manufacturing offenses; each reprints the existing silencer language unchanged.
We located no New Jersey suppressor legalization bill.
Key Takeaway
New Jersey prohibits suppressors twice over: possession under N.J.S. 2C:39-3(c) and manufacture, transport, or sale under 2C:39-9(c), each a fourth-degree crime carrying up to 18 months.