N.J.S.A. 2C:39-5 is the unlawful possession of a weapon statute. The conduct required to violate this law is slightly different depending on the type of firearm involved. For example, if the item is a rifle or shotgun, the state must establish, beyond reasonable doubt, that: (1) the object in question was a weapon; (2) the defendant was aware of the presence of the item and had a conscious objective possess it at some point in time; and (3) the defendant did not have a valid firearms purchaser identification card. If the violation involves unlawful possession of a handgun, the state must establish (1) and (2) plus: (3) the defendant did not possess a permit to carry a handgun; and (4) the handgun was possessed other than while coming or going to a gun range or gun smith, or during the course of a reasonable deviation therefrom.
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