Large Capacity Magazine Attorney in Jersey City & Hudson County

Reviewed by William A. Proetta, Esq. · Updated November 2026

Possessing a large capacity ammunition magazine is a fourth-degree crime in New Jersey under N.J.S.A. 2C:39-3(j), and since 2018 the law defines a large capacity magazine as one able to hold more than 10 rounds. A conviction carries up to 18 months in state prison and a fine of up to $10,000, and the charge is indictable, so a Jersey City arrest is prosecuted in the Hudson County Superior Court at the Frank J. Guarini Justice Complex near Journal Square. Magazine counts can ride along with a handgun or rifle charge, but they can also stand alone, for example when a lawful gun owner keeps a magazine bought years ago or out of state. William Proetta Criminal Law defends gun owners and others charged with magazine and prohibited-weapon offenses in Jersey City and across Hudson County from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.

What the State Must Prove on a Magazine Count

The prosecutor has to show three things. First, that the item is an ammunition magazine actually capable of holding more than 10 rounds. Second, that you possessed it, either physically or by having knowing control over the place where it was kept. Third, that no exception covers you. The capacity question deserves real scrutiny: a magazine that holds 10 or fewer rounds, or a tubular magazine for a .22 rimfire rifle, falls outside the charge.

Exceptions Written Into the Law

The statute carves out several groups. Tubular magazines built for .22 caliber rimfire ammunition are excluded. Police officers and members of the military are exempt in the course of their duties, and off-duty officers may carry magazines up to a set limit. The law also allows a magazine of up to 15 rounds for use with a firearm that was registered under N.J.S.A. 2C:39-20, though the exact scope of that exception depends on the registration history and should be checked against the paperwork.

Penalties for a Fourth-Degree Magazine Conviction

The sentencing range is up to 18 months in prison, with an ordinary fourth-degree fine of up to $10,000. New Jersey has no special fine for magazines. Possessing a large capacity magazine is not on the Graves Act list, so there is no mandatory parole bar on this count by itself. That changes if the same arrest produces a Graves charge, such as a handgun without a carry permit or an assault firearm, because those counts bring their own mandatory minimum.

PTI, Downgrades and Plea Options

Because this offense carries no mandatory parole bar, the prosecutor-consent rule in R. 3:28-1(d)(1) that blocks PTI on many gun charges does not apply to it on its face. A person with no record who kept a magazine at home, with no other charges, is the kind of applicant for whom Pretrial Intervention can make sense, and completing it ends in dismissal. When the magazine was found with a firearm, the negotiation usually turns on the gun count first, and the magazine charge may be dismissed or merged into a plea on that count.

Other Prohibited Weapons and Ammunition

The same statute, 2C:39-3, lists other items that are illegal to possess in New Jersey:

• Hollow nose bullets. Possessing hollow point ammunition is a fourth-degree crime under 2C:39-3(f)(1). The statute exempts keeping it at your own dwelling or land and carrying it there from the place of purchase, along with dealers, on-duty police and military. New Jersey State Police guidance also indicates that taking hollow points directly to a range in a closed, fastened container or locked trunk, and using them for hunting, is permitted; those points come from that guidance rather than the statute itself.
• Silencers. Possessing a firearm silencer is a fourth-degree crime under 2C:39-3(c).
• Unserialized firearms. Possessing a gun without a serial number, such as a home-built ghost gun, is a third-degree crime under 2C:39-3(n).
• Ghost-gun manufacturing. Buying unserialized parts or kits to build a gun, 3D printing a firearm or distributing the files, and transporting or selling an unserialized gun are second-degree crimes under N.J.S.A. 2C:39-9(k) through (n), as amended by P.L.2022, c.53. Subsection (m) covers covert and undetectable firearms.
• Knives and metal knuckles. Listed knives, metal knuckles, billies and similar weapons are fourth degree under 2C:39-3(e) when held without any explainable lawful purpose.

In July 2026, the full Third Circuit held New Jersey’s ban on semi-automatic assault rifles and its 10-round magazine limit unconstitutional, but it put that ruling on hold while New Jersey seeks Supreme Court review, so both laws are still enforced. New Jersey state courts are not bound by that decision, but it gives the defense a significant constitutional argument.

How Magazine Cases Arise in Hudson County

In Jersey City and Bayonne, magazine charges can surface during car stops on the approaches to the Turnpike and the bridges, when a traveler from another state has a pistol with a standard 15- or 17-round magazine that is ordinary back home. They can also come from a search warrant in an unrelated matter, or from a domestic violence call in Union City, Hoboken or Kearny that leads police to collect firearms and accessories from the home. Wherever the arrest happens, the indictable count goes to the Superior Court in Jersey City. See our Jersey City gun charges page and our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.

Arrest and Pretrial Release

A magazine charge alone can be handled on a summons, with no overnight stay. When it accompanies a handgun or assault firearm charge, the arrest is more likely to proceed on a complaint-warrant, with a first appearance through CJP, and gun cases of that kind can bring a detention motion. An initial release decision is due within 48 hours, unless the prosecutor moves for detention, in which case the hearing generally follows within a few business days. See our pretrial release and detention guide and our page on Central Judicial Processing in Hudson County.

Immigration Consequences

The federal firearms deportation ground in 8 U.S.C. 1227(a)(2)(C) refers to firearms and destructive devices as defined in federal law, and a magazine on its own is not obviously either. That gives a magazine-only plea real value for a noncitizen compared with a plea to a gun count, though the analysis depends on the exact wording of the judgment and the rest of the record. We review the immigration side before any plea; see our immigration consequences and immigration-safe plea strategy pages.

Defenses to Magazine and Prohibited Weapon Charges

• Capacity. A magazine that holds 10 rounds or fewer is not a large capacity magazine, and the State should prove the count with the item itself.
• Exceptions. Tubular .22 rimfire magazines, a qualifying 15-round magazine tied to a registered firearm, and police or military status can each defeat the charge.
• Constructive possession. A magazine in a shared home, a borrowed car or a common closet does not prove that you knew about it or controlled it.
• The search. Many of these items are found during car or home searches, and an unlawful stop, consent obtained by pressure or a defective warrant can lead to suppression.

Talk to a Jersey City Magazine Charge Lawyer

A fourth-degree magazine count can be one of the more negotiable charges in a gun case, if it is handled with care from the start. Call our Jersey City office at (201) 793-8018 for a free, confidential case review, 24/7. Se habla español.