Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.
Rifles and
Shotguns Handguns
_________________________
Permit to Purchase ID Card Required Yes
Registration of Firearm No No *
Licensing of Owner Yes Yes
Permit to Carry ID Card Required Yes
* Police recordation of all transfers required.
Exceptions: No Permit to Carry or FID is required:
It is unlawful to knowingly possess any firearm* in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution, irrespective of whether the person possesses a valid permit to carry the firearm or a valid firearms purchaser identification card. This prohibition does not apply to persons listed in paragraphs (7) to (11) above.
No person under 18 shall possess, carry, fire, or use a firearm except under the following circumstances:
It is unlawful to sell, give, transfer, assign, or otherwise dispose of or receive, purchase, or otherwise acquire a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser assignee, donee, receiver, or holder is licensed as a dealer under New Jersey law or possesses a valid FID, and first exhibits the FID to the seller, donor, transferrer, or assignor, and the purchaser assignee, donee, receiver, or holder signs a written certification on a form prescribed by the Superintendent of State Police, which identifies the purchaser, his address and FID or dealer's number, and states he presently is not disqualified from purchase.
The certification shall be retained by the seller, or, in the case of a person who is not a dealer, it may be filed with the police chief of the municipality in which he resides or with the Superintendent of New Jersey State Police.
A person shall not be restricted to the number of rifles or shotguns he may purchase, provided he has a valid FID and the certification form requirements are met. The FID is required for private or dealer purchases.
Handguns
It is unlawful to sell, give, transfer, assign, or otherwise dispose of, or receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver, or holder is licensed as a dealer under New Jersey law or has first secured a Permit to Purchase a handgun.
The permit shall be in the form prescribed by the Superintendent of State Police and shall be issued to the applicant in quadruplicate. The applicant prior to the time he receives the handgun from the seller shall deliver to the seller the permit in quadruplicate and the seller shall complete all of the information required on the form. Within 5 days of the date of sale, the seller shall forward the original copy to the superintendent and the second copy to the police chief of the municipality in which the purchaser resides, if the municipality has no police chief, the copy shall be forwarded to the superintendent. The third copy shall then be returned to the purchaser and the fourth copy shall be kept by the seller as a permanent record.
Only one handgun shall be purchased or delivered on each permit. A permit is required for private or dealer purchases.
Requirements for Obtaining Permit to Purchase or FID
The Police Chief of the municipality where the applicant resides or the Superintendent of State Police, in all other cases, shall upon application issue to any qualified applicant a Permit to Purchase or FID.
The fee for a Permit to Purchase is $2. The fee is submitted with the application. The Permit to Purchase shall be valid for 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days. The FID fee is $5. It is submitted with the application. The FID is valid so long as the holder is eligible to obtain the FID. An additional $26 fingerprint fee must also be paid.
The Permit to Purchase or FID shall be granted to a qualified applicant within 30 days from the date of receipt of the application for residents and 45 days for nonresident applicants.
Applications for a Permit to Purchase or FID shall be in the form prescribed by the Superintendent of State Police and shall set forth the name, residence, place of business, age, date of birth, occupation, sex, and physical description of the applicant, and shall state whether the applicant is a citizen, whether an alcoholic, habitual drunkard, drug dependent person, whether he has ever been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition on a temporary, interim, or permanent basis, whether he has been attended, treated, or observed by any doctor or psychiatrist or at any hospital or mental institution on an inpatient or outpatient basis for any mental or psychiatric condition, whether he presently or ever has been a member of any organization which advocates or approves acts of force and violence to overthrow the government, or which seeks to deny others their constitutional rights, whether he has ever been ``convicted of a crime or disorderly persons offense,'' and ``such other information as the superintendent shall deem necessary for the proper enforcement of [the gun law].'' First time applicants must be fingerprinted.
The applicant shall waive all rights of confidentiality relating to institutional confinement and shall supply all necessary information on any mental or psychiatric treatment. The application shall contain as references two reputable citizens personally acquainted with the applicant.
There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a Permit to Purchase or FID, other than those that are specifically set forth in the statute.
``No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities. . . shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set ;.''
No Permit to Purchase or FID shall be issued to any:
Exceptions: See ``Exceptions'' under POSSESSION.
Application for Permit to Carry: Application is made to the police chief where the applicant resides or to the Superintendent of State Police if the community does not have a police chief or if the applicant is a nonresident. The licensing authority makes a recommendation to a judge of the Superior Court who grants or denies the permit. The judge may also place restrictions on the permit. The permit is valid for two years and costs $20.
The applicant must meet the requirements of the Permit to Purchase and FID, be fingerprinted, prove his familiarity with the use of handguns, and have a ``justifiable need to carry a handgun.''
A description, including serial number, of every handgun which the applicant intends to carry must be provided. Only one permit need be obtained for all such handguns.
NOTE: Issuance of the permit is almost completely discretionary, and New Jersey courts have upheld the policy of strictly limiting permits ``to persons specifically employed in security work . . . and to others who can establish an urgent necessity for carrying guns for self-protection.''
Failure to give notice to an applicant within 60 days shall be deemed to be an approval of the permit. The procedure for appealing from a denial is the same as appealing from a denial of a Permit to Purchase or FID.
It is unlawful to possess an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose.
Possession, carrying, purchase, or sale of a machine gun with out a license is prohibited. A license can be obtained by applying to a judge of the Superior Court where the applicant resides or, if a nonresident, where he conducts his business.
The judge will refer it to the county prosecutor for investigation and recommendation. A copy of the prosecutor's report shall be sent to the Superintendent of State Police and local police chief.
No license shall be issued unless the applicant would qualify for a Permit to Carry and the court finds ``that the public safety and welfare so require.'' The license is valid for one year, unless otherwise provided by the court. The court may also attach such conditions and limitations to the license as it deems to be in the public interest.
Algimec AGM1 type Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12" Armalite AR-180 type Australian Automatic Arms SAR Avtomat Kalashnikov type semi-automatic firearms Beretta AR-70 and BM59 semi-automatic firearms Bushmaster Assault rifle Calico M-900 Assault carbine and M-900 CETME G3 Chartered Industries of Singapore SR88 type Colt AR-15 and CAR-15 series Daewoo K-1, K-2, Max 1 and Max 2,AR 100 types Demro TAC-1 carbine type Encom MP-9 and MP-45 carbine types FAMAS MAS 223 types FN-FAL, FN-FAR, or FN-FNC type semi-automatic firearms Franchi SPAS 12 and LAW 12 Shotguns G3SA type Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1 Intratec TEC-9 and 22 semi-automatic firearms M1 carbine type M1 4S type, MAC10, MAC11, MAC11 9mm carbine type firearms PJK M-68 carbine type Plainfield Machine Co. Carbine Ruger K-Mini-14/5F and Mini-1 4/5RF SIG AMT, SIG 550SP, SIG 551SP, SIG-PE-57 types SKS with detachable magazine type Spectre Auto carbine type Springfield Armory BM59 and SAR-48 type Sterling MK-6, MK-7, and SAR types Steyr AUG semi-automatic firearms USAS 12 semi-automatic type shotgun Uzi type semi-automatic firearms Valmet M62, M71S, M76, or M78 type semi-automatic firearms Weaver Arms NighthawkThe legislation also prohibits any firearms which are substantially identical to any of the above firearms; any semi-automatic shotgun with either a magazine capacity exceeding six rounds, a conspicuous pistol grip, or a folding stock; a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds. Any magazine with a capacity greater than fifteen rounds is prohibited, even if there is no semi-automatic firearm to accompany the magazine.
A part or combination of parts to convert or assemble a firearm into an "assault firearm" is also forbidden. Any "assault firearm" not registered, licensed, or rendered inoperable pursuant to a state police certificate by May 8, 1991, is considered contraband.
Any "assault firearm" which was not owned prior to May 1, 1990, must be licensed. Application is made to the Superior Court for the county in which the person lives or conducts business. The fee is $75. The court must find that the public safety and welfare require the issuance of the license and the person must be qualified to obtain a handgun carrying license. For practical purposes, no one will be issued such a license.
It is unlawful to discharge any incendiary or tracer ammunition, except for law enforcement or military purposes. However, non-incendiary tracer shotgun ammunition may be used on trap and skeet ranges for target shooting purposes.
It is unlawful for any person to deface a firearm, or to knowingly have in his possession any firearm which has been defaced, except an antique firearm. To deface means "to remove, deface, cover, alter, or destroy the name of the maker, model designation, manufacturer's serial number, or any other distinguishing identification mark or number."
Civilians are prohibited from possessing silencers, shotguns with an over all length less than 26 inches and a barrel less than 18 inches, and rifles with an overall length less than 26 inches and a barrel less than 16 inches in length.
It is unlawful to loan money where the security for the loan is a firearm.
Retail gun dealers and their employees must be licensed by the judge of the Superior Court in the county where the business is located.
A Permit to Purchase or FID shall not be required for the passing of a firearm upon the owner's death to his heir or legatee. Unqualified recipients must dispose of the firearms within 180 days.
All wounds arising from or caused by a firearm must be reported at once to the police.
Every conviction for violating New Jersey's gun laws shall be certified "to the proper officer of the United States Government."
It is unlawful to leave a loaded firearm within reach or easy access of a person under 16. This provision does not apply to:
A firearm stored in a securely locked box or container; or in a location which a reasonable person would believe to be secure; or securely locked with a trigger lock; or under circumstances where a minor obtained a firearm as a result of an unlawful entry by person.
Wholesale and retail dealers of firearms must conspicuously post at each purchase counter, printed in block letters not less than one inch in height: "IT IS A CRIMINAL OFFENSE TO LEAVE A LOADED FIREARM WITHIN EASY ACCESS OF A MINOR."
Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(c) 1994, NRA Institute for Legislative Action.
NS 01260 Rev. 12/94