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Gun laws in New Jersey - Gun laws in New Jersey

Location of New Jersey in the United States

Gun laws in New Jersey regulate the sale, possession and use of firearms and ammunition in the US state of New Jersey. New Jersey's gun laws are among the most restrictive in the country.

Overview table

Subject / law Long guns Handguns Relevant statutes Remarks
Government approval required to purchase? Yes Yes Lifetime purchaser ID is required to purchase rifles and shotguns, as well as pistol ammunition. Any pistol purchase requires a pistol purchase authorization that is valid for 90 days. Only one pistol can be purchased within 30 days. Under state law, purchase permits / IDs should be based on Shall issue be granted. In practice, however, many issuing authorities require the applicant to justify the need for a firearm before granting approval / ID. Some issuing authorities are known to arbitrarily refuse purchase permits and ID cards.
Firearms Registration? No Yes The NJSP FIU (State Police Firearms Investigation Unit) keeps a record of all handgun transfers, with the exception of inherited firearms that have been given to the acquirer or firearms brought into the state by new residents moving into the state. Firearm registration is voluntary, but since handgun purchase permits are also a form of registration, there is de facto mandatory handgun registration for handguns purchased in the state. Purchases from New Jersey residents must be made either from a licensed New Jersey dealer or from a private individual in New Jersey. For both dealer and private sales, a copy of the purchase authorization is sent to the NJSP FIU. A NICS background check at the point of sale is only required for purchases from retailers.
Owner license required? No No No license is required to own a firearm in New Jersey, with the exception of an assault rifle or an NFA regulated firearm
Concealed carry permit required? N / A Yes NJ Admin. Code § 13:54 New Jersey calls its permit a "permit to carry a pistol" and is a "legal issue" for the carrying of firearms, either overtly or covertly, but permission is seldom or never given to the general population. License applicants must "specify in detail the urgent need for self-protection, as evidenced by specific threats or previous attacks that pose a particular threat to the applicant's life that can only be avoided by obtaining a gun-carrying license." " Then it has to be approved by both the community chief of police and a New Jersey judge while the applicant has no way of knowing who rejected the $ 200 application.Because of this strict standard, New Jersey is practically a "no issue" state unless you are a retired law enforcement officer or someone with political ties. Armed security guards and armored car drivers are usually given restricted permits that can only be promoted on duty. A letter of need from the security company is required.
Open wearing permit required? No Yes Open carrying is only permitted with a permit to carry a pistol and is generally only practiced by security officers and others who carry firearms on duty. While it is technically legal to carry long guns with a valid ID for firearms buyers, it is generally frowned upon by law enforcement agencies, except when hunting. One can expect to be arrested and questioned in most places while wearing this way.
State exemption from local restrictions? No No For some gun laws there is only a limited state exemption.
Assault Weapons Act? Yes Yes NJSA 2C: 39-1 New Jersey prohibits possession of certain named firearms or "substantially identical" firearms that are considered assault weapons, including possession of parts from which an assault weapon can be easily assembled. Firearms that are classified as assault weapons but were acquired and registered with the state prior to May 1, 1990 are legal to possess. Police officers may have offensive weapons for service purposes and personal offensive weapons on the recommendation of their authority.
Restriction of the magazine capacity? Yes Yes Magazines are limited to 10 cartridges for semi-automatic pistols and rifles and 6 cartridges for semi-automatic shotguns.
NFA weapons restricted? Yes Yes NJSA 2C: 39-3 (ac); NJSA 2C: 58-5 The possession of short barrel rifles, short barrel shotguns, devices of destruction and oppressors is prohibited to the average citizen. The law is silent about AOWs. Owning a machine gun requires a state license, which can be issued by a county Supreme Court judge. Machine gun licenses are extremely difficult to come by.
Background checks required for private sales? Yes Yes Private arms sales require a background check by a federally licensed arms dealer.
Law of the red flag? Yes Yes A judge may issue a gun violence order empowering the police to seize a person's firearms if the judge determines that the person is at significant risk of personal injury to himself or others. Recently, New Jersey has extended this petition to everyone to red flag a gun owner.

Constitutional provisions

There is no provision in the New Jersey Constitution that specifically guarantees the right of citizens to keep and carry guns.

Limits and Limitations

Hollow point ammunition is available from most retailers wherever firearms are sold and can be transported by buyers without a special license. However, hollow spheres may not be transported outside of a person's destination, apartment, site, or property, even if they have a valid permit to carry a pistol, unless they are being transported directly to and from those locations. LEOSA (HR 218) Qualified and Retired or Segregated LEOs carried anywhere in the United States are exempt from state law and may legally carry hollow point ammunition or ammunition that is not prohibited under the Gun Control Act of 1968 or the National Firearm Act . In addition, the NJ Superior Court in State versus Brian Aitken decided that there is no exception for moving between houses with hollow spheres.

Some localities have passed resolutions on the protected area of ​​the second amendment to the constitution.

Permission to buy and own

In New Jersey anyone who wishes to purchase firearms (one does not need to obtain a gun buyer's license to own, own, transport, and transport guns from an authorized target area to a gunsmith for repair or into the woods or state fields for Hunting Purposes) is required to obtain a Lifetime Firearms Buyer Identification Card, commonly known as an FID, for the purchase of rifles and shotguns. To purchase a pistol, separate approval is required from your local police chief or from the superintendent of the state police if the community does not have a local police station. A permit is required for every pistol purchased, which expires after 90 days. However, it can be extended for a further 90 days at the discretion of the police chief or the superintendent of the state police. These are made available to applicants like the first firearms purchase identification card (FID). They require an in-depth application interview, multiple references, and background checks by the State Bureau of Identification and the New Jersey State Police. However, the authorities have no discretion and must grant approvals to applicants who meet the criteria described in the statutes. Reasons for rejection are conviction for a crime (equivalent to a crime) or an offense committed by a disordered person (equivalent to an offense) in the case of domestic violence. From August 2013 everyone on the terror watch list will also be disqualified.

NJ law requires firearm identification permit and / or handgun purchase permit (s) to be issued within 30 days. However, this is not always observed as some applicants wait months to receive their approval. Applicants can appeal the denial of permits. Gun buyer's ID is also required to purchase pistol ammunition from dealers in the state. "Pistol ammunition" is interpreted as any caliber that can be used in a pistol. Therefore, some calibers typically used in rifles and shotguns require an FPIC to be presented for purchase.

Private arms transfers require a background check by a federally licensed arms dealer. The dealer is required to record the sale. There are limited exceptions, including for transfers between members of an immediate family and for law enforcement officers.

Forms required by the municipalities

NJSA 2C: 58-3 (f):

No conditions or requirements may be added to the form or content of the application other than those expressly set out in this chapter by the licensing authority for the granting of a license or identity card.

Only two forms are required to obtain an FPIC or a pistol purchase authorization: the "Gun Passport Purchase Application and / or Pistol Purchase Authorization," STS-33, and "Mental Health Document Search Consent ", SP-66. In addition, the local police chief or the superintendent of the state police may require an applicant to fingerprint or fill out a "Criminal Record Information Application" (Form SBI 212A). Fingerprinting is usually done in private facilities such as Morpho (saffron), and the SBI 212A form can be submitted online or on paper. The method of filing is determined by the local police. Many law enforcement agencies and the NJSP are aiming for online filing and issuing the SBI 212A paper.

Some municipalities have required additional forms, photos, and other requirements such as notarization. These forms are not required for approval under NJSA 2C: 58-3a. This was upheld by the appeals court on two cases, one against the city of Paterson by resident Jeremy Perez and one against Jersey City by resident Michael McGovern, in which the court violated the cities that went against the cities.

fees

Each FPIC registration fee is $ 5 and any permission to purchase a pistol is $ 2. The state-contracted private entity will charge a fingerprint fee of approximately $ 50 to $ 60. The registration fee for the SBI 212A "Request for Criminal History Record Information" is $ 18 if submitted on paper or $ 20 if submitted online. Each law enforcement agency has its own guidelines as to the method it uses for background checks. Some may require a fingerprint for each application, but most only require it for the initial FPIC.

New Jersey limits the purchase of handguns to one per 30 day period. After completing a New Jersey State Police Form, an FID card holder may be granted permission to purchase more than one pistol per month if they provide a good reason. Reasons can be: recreational shooting; the purpose of the collector; if it is necessary for a specific occupation; and in the procurement of firearms as the beneficiary of a will. Specifically, the government application required for this increase, Form SP-015, requires that the make, model, and serial number of each firearm be transferred prior to the exemption to protect the spirit of the purchase limit from circumvention.

Homemade firearms

New Jersey banned the manufacture and sale of homemade firearms / firearms in 2018 and its transfer and possession along with 3D printing guns in 2019, including owning or sharing computer code used to program the printing of such guns can. The law is being challenged in court.

Permission to carry and transport

Permission to carry a gun

New Jersey "may" issue pistol-carrying permits for both residents and non-residents. You must file an application with the chief law enforcement officer in your community or with the superintendent of the state police in areas where there is no local police station. Armored car workers must contact the superintendent of the State Police. Non-residents can contact the superintendent of the State Police. By law, New Jersey is a licensing system that allows the authorities to use their own discretion to approve and deny applications. In addition, training and area qualifications are required. Non-politically affiliated or retired LEOs will not receive approval. After a background check and review by law enforcement agencies, approval requests are forwarded to the Supreme Court for approval or denial.

Any applicant who does not apply to be a law enforcement officer must demonstrate a legitimate need to obtain approval using a letter accompanying the application. This requirement applies to active and retired judges, prosecutors, defense lawyers, service members and elected officials in addition to the general population. A legitimate need has been defined as an "urgent need for self-protection" as evidenced by specific threats or previous attacks that pose a particular threat to the applicant's life that can only be avoided by obtaining a pistol permit. "" This standard effectively puts permits out of the reach of ordinary citizens, as it would have to be demonstrated that exceptional measures are being taken to mitigate such a hazard. B. Moving to another part of the state or moving out of New Jersey entirely. Because the definition of "legitimate needs" is so narrow, military personnel exposed to constant threats from terrorist groups would not qualify for a permit, as would the general threat of a terrorist attack on soldiers or a military Establishment of the case would be considered "non-specific" under state law. Even so, other portions of New Jersey law allow soldiers to carry their military-issued firearms while on duty and in uniform. In practice, very few permits are issued, as there is no demonstrable need according to legal and judicial standards. Many applicants, especially non-residents, have reported difficulties obtaining permits to wear in New Jersey. Most people don't even bother to file an application as the denial is almost a certainty and any denial must be disclosed on subsequent firearm purchase applications, which will result in future firearm purchases being denied . Registered and licensed private security guards and private investigators have fewer difficulties, but their permits are usually scrutinized and are only allowed to be promoted on duty.

Retired law enforcement officers may obtain authorization to carry a pistol with no specific legitimate need under NJSA 2C: 39-6 (l). These permits are administered by the Superintendent of the State Police and are not subject to judicial review unless the officer has been denied and appeals a denial. In addition, qualified retired law enforcement officers can be promoted under LEOSA, which allows retired and current law enforcement officers who meet and meet certain criteria to carry concealed firearms. Qualified retired or separated officials are not required to apply for state approval if they are promoted under LEOSA, 18 US Code Section 926C, as federal law exceeds state law. At the end of 2013, New Jersey had 1,212 active handgun permits out of a population of nearly 9 million.

Wear to isolated locations

There are a few exempted places to carry and own firearms. These locations are your home, place of business, premises or land, or a gunsmith for repair purposes. Members of rifle or pistol clubs who submit their names to the state police annually are allowed to own their firearms and transport them to "a target practice location". Those who are not members of a rifle or pistol club can carry their firearms to "an authorized target area". One can also carry firearms into the forests or fields or waters of the state for hunting or fishing. You must have a valid hunting or fishing license and the firearms must be suitable for hunting or fishing to be covered by this exemption.

International transport of unloaded firearms

Interstate transportation falls under the Safe Passage provision of the Firearm Owners Protection Act (FOPA), 18 USC Section 926A, which states:

Notwithstanding any other provision of any law or rule or regulation of any state or political subdivision thereof, anyone not otherwise prohibited in this chapter from transporting, shipping, or receiving a firearm is entitled to use a firearm on behalf of a lawful person transport purpose from every place where he is legally allowed to possess and carry this firearm to any other place where he is legally allowed to possess and carry this firearm if during such transport the firearm is unloaded and neither the firearm nor the ammunition being transported are easily accessible or are directly accessible from the passenger compartment of such a transport vehicle: provided that, in a vehicle without a compartment separated from the driver's compartment, the firearm or ammunition must be contained in a closed container other than the glove box or the console.

The Court of Appeal of the Third Circle in the Association of the New Jersey Rifle and Pistol Clubs against the Port Authority of New York and New Jersey has determined, however, that this provision only applies to the transportation of a firearm in a vehicle and to the carrying of a firearm in a locked vehicle. Containers in checked baggage in an airport terminal to be reported to the airline constitute unlawful possession and are not protected by law. That decision was a direct result of a 2005 incident in which Gregg C. Revell, a Utah resident with a valid Utah hidden firearm permit, was traveling through Newark Airport en route to Allentown, Pennsylvania. Because of a missed flight, he received his luggage, which contained a properly checked firearm, and had to spend the night in a New Jersey hotel. When he returned to the airport the following day to check his pistol for the final part of the trip, he was arrested for illegally possessing a firearm. Revell lost his lawsuit after the U.S. Court of Appeals for the third circuit in Gregg C. Revell v Port Authority of New York and New Jersey [222] had ruled that "Section 926A does not apply to Revell because his firearms and ammunition were readily available to him during his stay in New Jersey." This opinion applies to airports in New Jersey. If you miss a flight or for any other reason your flight is interrupted and the airline attempts to return your baggage with a checked gun, you will not be able to dispose of the gun if you catch a later flight. The Association of New Jersey Rifle and Pistol Clubs (ANJRPC) also later sued the New York and New Jersey Port Authority, resulting in a similar decision.

Assault weapons and magazine capacity

Firearms classified as "assault weapons" but acquired and registered with the state prior to May 1, 1990 are legal to possess. Police officers may have offensive weapons for service purposes and personal offensive weapons on the recommendation of their authority. FFLs are also allowed to have "assault weapons".

Function criteria for offensive weapons

Under New Jersey law, a firearm is classified as an "assault weapon" if it meets the following criteria:

Semi-automatic rifles that can hold detachable magazines and at least two of the following:
Semi-automatic pistols with detachable magazines and at least two of the following:
  • Magazine that is attached outside the pistol grip
  • Threaded cylinder for attaching the barrel extension, the lightning suppressor, the front handle or the silencer
  • Barrel jacket safety feature that prevents burns to the operator (does not contain the foil of a pistol)
  • Unloaded weight of 1.4 kg or more
  • A semi-automatic version of a fully automatic firearm.
Semi-automatic shotguns having at least one of the following:
  • Folding or telescopic shaft
  • Pistol grip that protrudes noticeably under the action of the weapon
  • A fixed magazine capacity of more than six rounds;

A semi-automatic rifle with a fixed magazine capacity of more than 10 rounds.

A firearm that meets the above criteria is considered an "assault weapon" and may only be owned by a licensed firearms dealer, law enforcement officers on active duty and military personnel on active duty.

"Assault weapon" must not contain a semi-automatic rifle to which a barrel device is attached and which can only be operated with rimfire ammunition of caliber .22.

Prohibited manufacturers, models and types

The following manufacturers, models and types are prohibited:

  • Armalite AR-180 type
  • Australian automatic weapons SAR
  • Semi-automatic firearms of the Avtomat Kalashnikov type
  • Semi-automatic firearms Beretta AR-70 and BM59
  • Bushmaster assault rifle
  • Calico M-900 Assault carbine and M-900
  • CETME G3
  • Chartered Industries of type Singapore SR-88
  • Colt AR-15 and CAR-15 series (Colt Match target rifles are allowed)
  • Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types
  • Demro TAC-1 carabiner type
  • Encom MP-9 and MP-45 carbine types
  • FAMAS MAS223 types
  • Semi-automatic firearms of the type FN-FAL, FN-LAR or FN-FNC
  • Franchi SPAS 12 and LAW 12 shotguns
  • G3SA type
  • Galil type
  • Heckler and Koch HK91, HK93, HK94, MP5, PSG-1
  • Semi-automatic firearms Intratec TEC 9 and 22
  • M1 carabiner type
  • Type M14S (M1As are permitted)
  • Firearms of the type MAC 10, MAC 11, MAC 11 - 9 mm carbine
  • PJK M-68 carbine type
  • Plainfield Machine Company carbine
  • Ruger K-Mini-14 / 5F and Mini-14 / 5RF (folding and telescopic models)
  • Types SIG AMT, SIG 5050SP, SIG 551SP, SIG PE-57
  • SKS with removable magazine type
  • Specter Auto carabiner type
  • Springfield Armory BM59 and SAR-48 type
  • Sterling MK-6, MK-7, and SAR types
  • Semi-automatic firearms from Steyr AUG
  • USAS 12 semi-automatic shotgun
  • Semi-automatic firearms of the Uzi type
  • Semi-automatic firearms of the Valmet M62, M71S, M76 or M78 type
  • Weaver Arm Nighthawk

Magazine capacity

In New Jersey, it is illegal to have a magazine that can hold more than 10 rounds of ammunition for semi-automatic pistols or rifles, or 6 rounds for semi-automatic shotguns that can hold detachable magazines. Sales to law enforcement agencies or government-licensed arms dealers are excluded.

This definition does not include a semi-automatic rifle which has a barrel attachment and which can only be operated with rimfire ammunition of caliber .22.

Bump stick

On his last day in office in January 2018, New Jersey Governor Chris Christie signed law making gun accessories known as bump stock illegal.

New Jersey Child Safe Gun Act

The New Jersey Childproof Handgun Law is a law dating from 2002 that requires all dealers to have at least one (1) Smart Gun for sale in their store.

Law of the Red Flag

Under the New Jersey Red Flag Act, a judge can issue a Gun Violence Order authorizing the police to seize a person's firearms if the judge determines that the person is at significant risk of personal injury represents yourself or others. A hearing must take place within ten days. At the hearing, the person's firearms may be taken away for a period of up to one year.

See also

References