ANJRPC and Knife Rights are challenging New Jersey laws that criminalize carrying common non-firearm arms in preparation for self-defense.
New Jersey was forced by the Supreme Court’s decision in Bruen to recognize the right of ordinary, law-abiding citizens to carry handguns in public for self-defense. Yet the state still threatens those same citizens with prosecution if they carry a baton, defensive knife, larger pepper-spray canister, or another non-firearm arm because they anticipate needing to protect themselves.
That upside-down regime is the target of a new federal lawsuit filed by the Association of New Jersey Rifle & Pistol Clubs, Knife Rights, and four individual New Jersey residents.
The complaint, filed September 21 in the U.S. District Court for the District of New Jersey, names Attorney General Jennifer Davenport and Acting State Police Superintendent Jeanne Hengemuhle as defendants in their official capacities. The case is Association of New Jersey Rifle & Pistol Clubs, Inc. v. Davenport, No. 1:26-cv-12401.
New Jersey Criminalizes Preparing for Self-Defense
The lawsuit challenges N.J.S. 2C:39-5(d), which makes it a fourth-degree crime to possess an “other weapon” under circumstances “not manifestly appropriate” for its lawful uses. New Jersey defines “weapon” broadly enough to include purpose-built arms and ordinary objects capable of inflicting serious injury.
The state does not categorically outlaw every baseball bat, hammer, or screwdriver. The problem is what happens when someone carries an otherwise ordinary object in anticipation of using it for lawful self-defense.
The complaint points to State v. Kelly, a 1990 New Jersey Supreme Court decision involving a mother who carried a carpet cutter because she feared encountering a former boyfriend who had repeatedly beaten her. He attacked her as she anticipated, and she used the cutter to stop the assault.
Although the court recognized that spontaneously grabbing a weapon during an immediate attack could be lawful, it held that Kelly’s “anticipatory self-defense” did not excuse possessing the cutter beforehand. In other words, New Jersey punished her for preparing to survive an attack she had good reason to expect.
The Second Amendment Protects Arms, Not Just Guns
The plaintiffs argue that this rule cannot survive New York State Rifle & Pistol Association v. Bruen, which confirmed that the Second and Fourteenth Amendments protect the right to carry arms in public for self-defense.
The constitutional text says “Arms,” not “firearms.” Knives, impact weapons, stun guns, Tasers, defensive sprays, and other bearable weapons therefore cannot be pushed outside the Second Amendment merely because they do not fire a cartridge.
The complaint also challenges New Jersey’s restrictions on specifically named arms, including switchblades, gravity knives, daggers, billies, blackjacks, metal knuckles, and slingshots. It alleges that these weapons are commonly possessed by law-abiding Americans for lawful purposes and are neither “dangerous and unusual.” Under Heller and Bruen, the state bears the burden of justifying its restrictions through the nation’s historical tradition of arms regulation.
The four individual plaintiffs show the irrationality of New Jersey’s approach. Three already hold New Jersey handgun carry permits but say they risk arrest if they carry lower-force alternatives such as collapsible batons or defensive knives. The fourth, Wendy Copenhaver, says she could qualify for a carry permit but presently prefers pepper spray in public. State law limits her to one pocket-sized unit containing no more than 0.75 ounces.
“New Jersey treats the means of self-defense as the crime itself,” ANJRPC President Kathy Chatterton said. “This is a law that enables criminals and disables victims.”
Knife Rights Chairman Doug Ritter said the state’s restrictions “cannot stand in the post-Bruen era.”
The plaintiffs seek a declaration that the challenged provisions violate the Second and Fourteenth Amendments, along with temporary, preliminary, and permanent injunctions against their enforcement. No court has yet ruled on those requests.
The right to bear arms belongs to the people, not to a government that decides which defensive tool a peaceful citizen must use. New Jersey cannot concede the right to carry a handgun while criminalizing less-effective alternatives chosen for the same constitutionally protected purpose.
About Duncan Johnson:
Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.
