Overview of Slingshot Laws in New Jersey
According to N.J. Stat. §§ 2C:40-18, 2C:40-19, in New Jersey slingshots (and "catapults") are painful weapons that are subject to the state’s weapons laws. Here, in short, are the definitions for these two terms:
Slingshot:
Any device by which missiles are propelled by any means or any hand-held implement or device by which a projectile, arrowhead, bullet, or other missile is shot or directed.
Catapult:
Any device, including an elastic band, rubber band or combination thereof that propels missiles by a stretching or tensioning mechanism held in a normal neutral position and released to discharge an elastic projectile.
N.J. Stat. § 2C:39-3(f) establishes slingshots and catapults as per se dangerous weapons, which are illegal to possess even for self-defense. The section reads:
Any person who knowingly has in his possession any weight, or any projectile designed to be shot therefrom, which, although not ordinarily dangerous, is capable of inflicting bodily injury, commonly known as "chuka stick", "nunchaku", "karate stick", "trench knife", "black-jack", "slingshot", "sandbag", "billie sticks", "blowgun", "boomerang", "shuriken" or "automatic knife" shall be guilty of a crime of the fourth degree.
N . J. Stat. § 2C:39-5(e) penalizes possession of slingshots, catapults and other weapons with a presumptive 18 month prison sentence, which may not be reduced or suspended to probation:
Any person who knowingly has in his possession any weapon prohibited by subsection e. of section 2C:39-3 or any other weapon other than a firearm, rifle, shotgun, machine gun, sawed-off shotgun, silencer, ballistic knife, gravity knife, dirk knife, bow, switchblade knife, stiletto, sword cane, cane sword, air gun, zip gun, taser or electric shock weapon, imitation firearm, double-edged non-folding knife, scabbard dagger, tanjo, or chuka stick, or any weapon or other device giving off electric shocks, produce[s] a visible or audible intelligent signal on impact, or a visible flame, projectile, or projectile with an explosive, incendiary or poison constitution, except when carried for demonstration at such times and in such circumstances as to deny intent to inflict harm on a person or property, is guilty of a crime of the fourth degree.
The only exceptions to the ban on slingshots, catapults and other per se weapons, include law enforcement and military personnel on duty or under orders in a state of emergency, bona fide collectors or exhibitors at licensed or public facilities.
What qualifies as a “Slingshot?”
To get a grasp on the legal impact of what we’re calling "Slingshot Laws," it’s important to first explain how the state of New Jersey categorizes slingshots. Are they weapons? Just a bit of fun that belongs in the sporting goods aisle? The answer is both and neither. Under N.J.S. 2C:39-1, there are five categories for weapons (excluding knives). Only one of them makes room for offensive weapons – those meant to cause injury with no utility to self-defense: "(1) Any handgun readily capable of lethal use or which can readily be restored to a firing condition; (2) any rifle or shotgun with a barrel length of less than 15 inches; (3) any part of the composite device from which a projectile or projectile projectile component may be propelled by an explosion and that is marketed or intended for use as a weapon; (4) any defaced firearm; (5) switchblade knives, gravity knives, stiletto knives, dirk knives, daggers, billy clubs, blackjacks, bludgeons, sandclubs, or metal knuckles. A slingshot would certainly be considered "an offensive weapon," and would be illegal to own. However, are all slingshots weapons? No. That would essentially disallow any use of a slingshot for sport. And we’ve already mentioned that New Jersey is an outlier in the ways they restrict the possession of slingshots. States like California, Texas, and New York address slingshots as pieces of sports equipment, citing their use outside of criminal intent.
Where are you prohibited from using or possessing a slingshot?
New Jersey law places restrictions on who can possess a slingshot and where and how they may be possessed. Under N.J.S.A. 2C:39-5e, possession of a slingshot is illegal unless one has either a permit issued by the Division of State Police to carry it, or one meets the exception outlined below.
NEW JERSEY LAW: N.J.S.A. 2C:39-5e prohibits the possession of slingshots except in the following case:
If the weapon is contained in or upon the person of the owner while traveling, with the weapon being suitably packaged and secured in a case for transportation which is hard and fastened shut, and in an area not accessible to the driver or any passenger in route to or from any of the following destinations: (1) The home of the owner or another person legally entitled to possession of the weapon; (2) A place of business of the owner or another person legally entitled to possession of the weapon; (3) An authorized place of public display; (4) A designated target range; or (5) While in transit between any of the aforementioned places as for purposes of temporary safekeeping while traveling on a journey, avoiding a storm. Nothing herein shall be construed to prevent a properly licensed person to possess any weapon in a motor vehicle if such weapon is to be used in an authorized manner as part of a school approved program such as parliamentary procedure or follow the flag. Nothing in this section shall be construed to prevent a properly licensed person to transport any weapon in a secure wrapper or package to or from any place where he may lawfully possess and carry such weapon.
However, even though the law states that possession of a slingshot is allowed if contained in a hard and fastened shut container not accessible to the driver or passengers while traveling, a court in New Jersey has found that car handling of the slingshot is sufficient breach of the hard and fastened shut container requirement of the statute. Thus, transporting a slingshot in the glove compartment or center console of a vehicle is illegal.
A person found in possession of a slingshot under circumstances not authorized by prior sections of the statute is guilty of a disorderly persons offense, which is punishable by a fine not exceeding $100.00. N.J.S.A. 2C:39-5e.
Where can you legally use a slingshot in NJ?
Slingshots are not, however, without limitation even on private property. Most cities in New Jersey—including many of the larger municipalities like Jersey City, Hoboken, Bayonne, East Orange, and Paterson—actually have their own ordinances that expressly prevent utilizing slingshots in public spaces. If you are caught using your slingshot in a public space (as defined under your local city ordinance), you may be subject to criminal prosecution. Often, this will result in a municipal court summons related to disorderly or dangerous conduct, or more frequently, for a simple local ordinance violation.
Because city ordinances change frequently and with little notice, these laws can be difficult to find and sometimes subject to interpretation. Therefore, the best option is to research or ask about your local ordinance ahead of time. Even then, your ability to utilize a slingshot in any given location will largely depend upon the location of that land, and whether it is classified as public or private. Most of the time, this classification is often onerous, but will still allow the use of your slingshot in public areas, so long as no person or property is put at risk of harm of any kind.
Considerations for safely and ethically using slingshots
When using a slingshot, like any projectile launcher, safety is paramount. These tools are designed for recreational use and should only be used in places where doing so is legal and safe. Before firing your slingshot, always ensure that the path of any potential projectile is clear of obstructions and people. Never aim or fire a slingshot at a person, animal, or property. While in motion, a projectile can potentially cause harm to people or damage property, so make sure that your slingshot activity is isolated from public spaces.
When you come across a bird or other small creature that seems to be "target practice" material, bear in mind that the use of a slingshot for hunting is illegal in many jurisdictions, including in the state of New Jersey. Sometimes, unethical target practice targets wildlife, believing that small birds or animals are fair game to use for target practice. Carrying slingshots can result in illegal "take" of protected species, misconduct that will often bring harsh criminal penalties and fines. Be sure to check all local laws to ensure what is legal where you shoot.
For the average person engaging in simple target practice , safety and responsibility can sometimes take a back seat to fun. Find a safe place to use a slingshot – away from inhabited areas, vehicles, or even stray dogs. Once you have selected a safe target and isolated the area from danger, adjust your stance, take aim at the center of your target, and fire! Your slingshot is now good for target practice, light hunting, or even just showing off to your friends. Just remember, above all else, think safety first, and never shoot down range, toward buildings or passersby. While the chances of causing an injury or harm are low, the risk is high that you may not be able to avoid trouble with authorities if you get caught using a slingshot in a negligent or illegal manner. Remember that, even if you have a license to own and use a slingshot, that license does not give you a free pass to do so in a public space. Always be mindful of your surroundings and avoid crowds. In time, you’ll become a skilled slingshotter who is capable of taking down small dandelions or hitting the bullseye every time, simply for the sake of having fun and practicing your skills.
Legal consequences for using slingshots the wrong way
The risks and consequences of breaching slingshot laws are immense. The potential for injury to both the user and bystanders represents a serious legal concern. If there is a victim or if property is damaged, the offending party may be held liable for any damages incurred. A case of a knucklehead teenager shoots his buddy in the eye with a slingshot resulting in permanent blindness may well be considered ‘reckless’ conduct for purposes of civil litigation. And make no mistake about it, there are a lot of lawsuits that arise out of improper use of slingshots.
But more often than not, these type of violations are criminal in nature. Under the NJ Code of Criminal Justice, N.J.S.A. 2C:39-3(e), making, manufacturing, transporting, repairing or selling an instrument or device known as a "slingshot," "arbalest," "recurve bow," "compound bow," "crossbow," "blow gun," "billiard key," "kitchen fork," or "curling stone" is considered a fourth degree crime.
If a person is convicted of a fourth degree crime in New Jersey, they will likely be sentenced to the New Jersey State Prison and be subject to a fine of up to $10,000. But the mandatory minimum for a fourth degree is usually a probation sentence of one year, which is served in the local community under the supervision of the Probation Department. If probation is violated, the person will be resentenced to prison on the underlying offense. Probation substitutes for prison when a person is convicted of fourth degree crime.
In rare circumstances, prosecutors also file felony threats against whoever was misusing the slingshot. For example, in 2008, a teenager was charged with disorderly conduct when he shot another young man in the leg with a steel ball that was shot from a slingshot. The steel ball pierced the victim’s leg. Although the injury was small and there was no serious damage to the victim’s skin, the police officer felt compelled to issue a citation. It is important to note that even though the young man was convicted of disorderly conduct, that does not mean he ended up with a criminal record. He was required by the court to complete a community service requirement and was later granted admission into PTI (Pre-Trial Intervention). PTI programs are an alternative to criminal prosecution for first-time offenders where the defendant agrees to complete certain court mandated programs in order to have the case against them dismissed.
How to keep track of NJ slingshot laws
To stay informed about any changes to slingshot laws in New Jersey, it is vital for both casual users and enthusiasts to monitor a few key resources. The first step is to familiarize yourself with the New Jersey state laws and local ordinances, which can be found on the official website of the New Jersey Division of Consumer Affairs. This site provides current information on all weapon regulations within the state.
For federal guidelines, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) maintains a comprehensive database of laws pertaining to firearms, ammunition, and other weapons, which includes information on slingshots. The ATF site can be accessed at www . atf.gov.
Joining community forums and online groups focused on slingshots and other outdoor activities can also help keep you updated. The community is constantly discussing recent developments in weapon regulations and can provide insights on noteworthy local updates. Websites of advocacy groups such as "The Stunt Peasant" and "Slingshot Channel" are also great resources.
Lastly, following local news outlets and subscribing to newsletters from gun clubs and associations can also keep you informed about any changes or important news. These organizations are often the first to report any new legislation that may affect the use of slingshots in your area.