Gun Laws In New Jersey 2024 – A Complete Guide

New Jersey has some of the strictest gun laws in the nation. As a resident of the Garden State, you need to be aware of the complex web of regulations surrounding firearm ownership and use. From obtaining a firearms ID card to purchasing handguns and long guns, the process is lengthy and requires fingerprinting, background checks, and safety training. Concealed carry permits are nearly impossible to get. Certain firearms and magazines are banned outright. Penalties for violations can include heavy fines and jail time. Navigating NJ’s gun laws requires patience and a thorough understanding of the rules.

In this article, Eastcoastlaws.com will outline all you need to know about gun laws in New Jersey. From getting permit to transporting a gun in New Jersey.

New Jersey Gun Laws Overview

As of right now, New Jersey is a shall-issue state, meaning that local police departments or the NJ State Police may issue concealed handgun permits. Prior to submitting their application to a judge in a superior court, candidates must first get the chief of police in their community’s consent. Purchasing a weapon from a private individual requires a guns Purchaser Identification (FPID) card and a National Instant Criminal Background Check System (NICS) from a federally registered guns dealer. citizens of New Jersey are only permitted to purchase items from state-licensed dealers or from private NJ citizens. A copy of the purchase permit is forwarded to the New Jersey State Police Firearms Investigations Unit in both dealer and private sales transactions. Buying handgun ammunition from state retailers also requires an FPID.

Background on New Jersey Gun Laws

New Jersey has a long history of enacting strict gun legislation, with the goal of curbing gun violence and promoting public safety. The state’s first major gun law was passed in 1966, requiring a permit to purchase a handgun. Over the years, New Jersey has continued to strengthen its gun laws, passing landmark legislation such as the Assault Weapons Ban in 1990 and the Handgun Roster Law in 2002.

The main provisions of New Jersey gun control laws are listed in the table below.

Relevant Statutes (Laws)	New Jersey Statutes Annotated (N.J.S.A.)Title 2C – The New Jersey Code of Criminal JusticeChapter 39, Firearms, Other Dangerous Weapons and InstrumentsProhibited weapons and devices – Section 2C:39-3Unlawful possession of weapons – Section 2C:39-5Exemptions – Section 2C:39-6Certain persons not to have weapons or ammunition – Section 2C:39-7Manufacture, transport, disposition, and defacement of certain weapons – Section 2C:39-9Firearm trafficking violation – Section 2C:39-16.2Chapter 58, Licensing and Other Provisions Related to FirearmsRegistration of manufacturers and wholesale dealers in firearms – Section 2C:58-1Retailing of firearms – Section 2C:58-2Purchase of firearms – Section 2C:58-3Handgun ammunition – Section 2C:58-3.3Permits to carry handguns – Section 2C:58-4Liability insurance coverage – Section 2C:58-4.3Safe carry requirements – Section 2C:58-4.4Restrictions on public carry – Section 2C:58-4.5Locations where carrying a firearm is prohibited – Section 2C:58-4.6Licenses to possess and carry machine guns and assault firearms – Section 2C:58-5Possession of firearms by minors – Section 2C:58-6.1Access to loaded firearm by minor – Section 2C:58-15Petition for extreme risk protection order – Section 2C:58-23
Illegal Arms	In general, the following firearms and accessories are prohibited in New Jersey unless registered and licensed through the state or under federal law or otherwise excepted, such as for law enforcement or members of the military:Sawed-off shotgunsSilencersDefaced firearmsHollow nose or dum-dum bulletsArmor-piercing bulletsLarge-capacity ammunition magazinesMachine guns or assault firearmsBump stock or trigger cranksUndetectable or ghost gunsFirearms without a serial numberStun guns
Waiting Period	New Jersey law imposes a 7-day waiting period from purchase to delivery of a handgun. There is no such waiting period for a long gun (shotgun or rifle). However, state law requires a prospective buyer to get a permit prior to purchasing any firearm. A buyer needs a permit to purchase a handgun to buy a handgun. A buyer needs a firearms purchaser identification card (FPIC) to buy a rifle or shotgun. The application process for either permit can take 30 days (45 days for non-residents).
Who May Not Own a Firearm in New Jersey?	A person cannot own a firearm if they:Have been convicted of the crime, or an attempt or conspiracy to commit the crime, of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, carjacking, gang criminality, racketeering, terroristic threats, unlawful possession of a machine gun, unlawful possession of a handgun, unlawful possession of an assault firearm, leader of firearms trafficking network, endangering the welfare of a child, stalking, domestic violence offenses, specified weapons offenses, or the unlawful use, possession, or sale of a controlled dangerous substanceHave been committed for a mental disorder to any hospital, mental institution, or sanitarium unless they possess a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that the person is no longer suffering from a mental disorder that interferes with or handicaps the person in the handling of a firearmHave been convicted of a disorderly persons offense involving domestic violenceHave had a firearm seized or are subject to a court restraining order or order prohibiting the possession of firearmsFall under a federal law prohibition
License Required?	Yes. You need a valid permit to purchase a handgun or a valid firearms purchaser identification card (FPIC) to buy a shotgun or rifle in New Jersey.
Concealed Carry License Required?	Yes. New Jersey prohibits possessing a handgun in public without a permit to carry a handgun.
Open Carried Allowed?	It depends. New Jersey prohibits open carry of handguns. It allows open carry of unloaded rifles and shotguns with a valid FPIC.
Eligibility for a Concealed Carry License	To be eligible for a permit to carry a handgun, you must:Be familiar with the safe handling and use of handguns and have completed any state-required firearms trainingAgree to be fingerprinted by law enforcementNot be subject to any of the prohibitions set out in state or federal lawPass a criminal background checkHave four reputable persons who have known you for at least three years certify that you are not likely to engage in conduct (apart from self-defense) that would cause danger to self or othersSubject yourself and your endorsers to a police interview which may look at any recent arrests or other disqualifying factors such as mental health needs and/or alcohol or drug abuseShow proof of liability insurance coverage of $300,000 for any harm that may result from carrying a gun
Machine Gun Laws	In New Jersey, it is illegal to possess a machine gun without a state license.
Penalties for Illegal Firearm Possession	The penalties for violating New Jersey’s gun possession laws depend on the offense. Illegal gun possession penalties range from a crime of the fourth degree to a crime of the second degree. The potential sentences for these degrees of crime are:Fourth degree: up to 18 months in prison, a fine of up to $10,000, or bothThird degree: Three to five years in prison, a fine of up to $15,000, or bothSecond degree: Five to ten years in prison, a fine of up to $150,000, or both
Penalties for Illegal Possession on or Near School Grounds	Illegal possession of a firearm on school property is a crime of the third degree punishable by three to five years in prison, a fine of up to $15,000, or both.
Red Flag Law?	Yes. New Jersey has a red flag law that allows a court to issue an extreme risk protection order when it finds a person presents an immediate and present danger of causing bodily injury to self or others by having custody, control, or possession of a firearm.
Universal Background Checks?	Yes. New Jersey requires that private firearms transactions go through a licensed dealer with few exceptions. This means that a criminal background check will occur on nearly every gun sale or transfer in the state.
Stand Your Ground Law?	No. New Jersey law provides that the use of deadly force in self-defense is not justifiable if the actor knows they can avoid such use of force with complete safety by retreat. However, an actor need not retreat from his own dwelling unless they were the initial aggressor.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Types of Firearms Regulated in New Jersey

In New Jersey, firearms regulation is comprehensive and covers various types of firearms. Here are the main types regulated:

• Handguns: Handguns, also known as pistols or revolvers, are tightly regulated in New Jersey. To purchase a handgun, individuals must obtain a permit to purchase from local law enforcement and undergo a background check. Additionally, they must have a Firearms Purchaser Identification Card (FPIC) to buy a handgun.
• Long Guns: This category includes rifles and shotguns. Like handguns, individuals need a FPIC to purchase long guns. However, no permit to purchase is required for long guns.
• Assault Weapons: New Jersey has stringent laws regulating assault firearms. These laws include a ban on specific models and features such as certain semi-automatic rifles with detachable magazines and specific semi-automatic shotguns. Possession of these firearms is heavily restricted.
• Machine Guns: Ownership and possession of machine guns are heavily restricted and require a special permit from the New Jersey State Police.
• Antique Firearms: Generally, antique firearms, which are defined as firearms manufactured before 1898 or replicas thereof, are exempt from New Jersey’s firearms regulations.
• BB Guns and Airsoft Guns: While not firearms in the traditional sense, BB guns and airsoft guns are regulated in New Jersey, especially in terms of their use in public places and restrictions on their sale to minors.
• High Capacity Magazines: New Jersey law restricts the possession of magazines capable of holding more than 10 rounds of ammunition. There are exceptions for law enforcement and military personnel.

Open Carry In New Jersey

In New Jersey, open carry is prohibited by law. This means that individuals are not allowed to openly carry firearms in public spaces within the state. New Jersey’s strict gun laws extend to the carrying of firearms, with concealed carry permits being difficult to obtain and open carry being outright prohibited. This restriction is part of the state’s comprehensive approach to gun regulation, aimed at promoting public safety and reducing the risk of gun-related incidents in the community.

Concealed Carry in New Jersey

Legal concealed carry in New Jersey requires a PCH. Both residents and non-residents are given PCH. New applicants must complete a firearms training course and be at least 21 years old. New Jersey does not recognize permits from any other state in terms of reciprocity.

Laws on Purchase, Possession and Carrying of Firearms in New Jersey

Rifles and Shotguns

A rifle or shotgun, other than an antique rifle or shotgun, cannot be sold, given, transferred, assigned, or otherwise disposed of. Instead, the buyer, assignee, donee, receiver, or holder must be licensed as a dealer under New Jersey law or have a valid Firearms Purchasers Identification Card (FID), which they must first show to the seller, donor, transferrer, or assignor. Additionally, the buyer, assignee, donee, receiver, or holder must sign a written certification form that includes their name, address, FID or dealer’s number, and a declaration that they are currently eligible to purchase the firearm. If a person possesses a valid FID and the certification form requirements are fulfilled, they are not limited in the quantity of rifles or shotguns they can buy. Purchases made by dealers or individuals must have the FID.

Handguns

If the buyer, assignee, donee, receiver, or holder is not licensed as a dealer under New Jersey law, or has not previously obtained a permit to purchase a handgun, it is illegal to sell, give, transfer, assign, or otherwise dispose of, or to receive, purchase, or otherwise acquire a weapon. The applicant will receive four copies of the permission, which must be in the format specified by the Superintendent of State Police. The seller must fill out the entire form with the necessary details, and the applicant must provide the permit in four copies to the seller before he gets the weapon.

For every permit, only one firearm may be ordered or delivered. Purchases made by dealers or privately require a permit. Deliveries of handguns—apart from antique handguns—must be accompanied with a trigger lock or be kept in a secured case, gun box, container, or other secure location.

Requirements for Obtaining Permit to Purchase or FID in New Jersey

The Police Chief of the municipality where the applicant resides, or the Superintendent of State Police in all other cases, must issue a Permit to Purchase or Firearms Purchaser Identification Card (FID) to any qualified applicant upon application.

The fee for a Permit to Purchase is $2, which must be submitted with the application. The Permit to Purchase is valid for 90 days from the date of issuance and may be renewed for an additional 90 days by the issuing authority for good cause. The FID fee is $5, also to be submitted with the application. The FID remains valid as long as the holder is eligible. The applicant must be fingerprinted and pay a fingerprint fee of $54 unless they already have an FID or have been previously fingerprinted.

A Permit to Purchase or FID must be granted to a qualified applicant within 30 days for residents and 45 days for non-residents from the date of receipt of the application.

Applications for a Permit to Purchase or FID must follow the form prescribed by the Superintendent of State Police and include the following information:

• Name
• Residence
• Place of business
• Age
• Date of birth
• Occupation
• Sex
• Physical description of the applicant
• Citizenship status
• Whether the applicant is an alcoholic, habitual drunkard, or drug-dependent person
• Whether the applicant has ever been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition
• Whether the applicant has been treated or observed by any doctor or psychiatrist or at any hospital or mental institution for any mental or psychiatric condition
• Whether the applicant is presently or has ever been a member of any organization that advocates or approves acts of force and violence to overthrow the government, or seeks to deny others their constitutional rights
• Whether the applicant has ever been convicted of a crime or disorderly persons offense
• Any other information deemed necessary by the superintendent for proper enforcement

The applicant must waive all rights of confidentiality regarding institutional confinement and provide necessary information on any mental or psychiatric treatment. The application must include references from two reputable citizens who are personally acquainted with the applicant.

No additional conditions or requirements can be added to the form or content of the application by the licensing authority, other than those specifically set forth in the statute.

A permit to purchase a handgun or an FID cannot be denied to a person of good character and repute who is not subject to any disqualifications. However, a Permit to Purchase or FID will not be issued to any:

• Person convicted of a crime
• Drug-dependent person, or person confined for a mental disorder to a hospital, mental institution, or sanitarium, or habitual drunkard
• Person with a physical defect or disease making it unsafe to handle firearms, unless they produce a certificate from a New Jersey licensed medical doctor or psychiatrist, or other satisfactory proof, that they no longer suffer from the condition
• Person who knowingly falsifies any information on the application forms
• Person under 18
• Person where issuance would not be in the interest of public health, safety, or welfare
• Person under 21, in the case of a handgun or pistol

Any person denied a Permit to Purchase or FID may request a hearing in the Superior Court of the county where they reside or where their application was filed. This request must be made in writing within 30 days of the denial, with a copy served on the police chief of the applicant’s residence, if the applicant is a New Jersey resident, and upon the Superintendent of State Police in all cases. A hearing will be held within 30 days of the receipt of the application for the hearing, with no formal pleading or filing fee required.

Possession of Gun in New Jersey

It is unlawful to knowingly possess any handgun, including antique handguns, without first obtaining a Permit to Carry. Similarly, it is unlawful to knowingly possess any rifle or shotgun without first obtaining a Firearms Purchaser Identification Card (FID). However, no Permit to Carry or FID is required in the following situations:

1. To keep or carry any firearm at a person’s place of business, residence, premises, or other land they own or possess. A place of business is considered a fixed location.
2. To carry any firearm unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile during transportation. This applies when traveling:

• From the place of purchase to the residence or place of business.
• Between the residence and place of business.
• From one residence or place of business to another when moving.
• Between the residence or place of business and a place where the firearm is repaired, for the purpose of repair.

1. To transport firearms for target practice, in the manner described above, by a member of a gun club organized in accordance with National Board for the Promotion of Rifle Practice rules, when traveling to or from a place of target practice. The club must file a copy of its charter with the Superintendent of State Police and submit an annual list of members.
2. To transport any firearm, in the manner described above, while traveling:

• Directly to or from a place for the purpose of hunting or fishing, provided the person possesses a valid hunting or fishing license.
• Directly to or from a target range or other authorized place for practice, matches, target, trap, or skeet shooting exhibitions.
• Directly to or from an exhibition or display of firearms sponsored by a law enforcement agency, gun club, or gun collectors club, with at least 30 days’ notice given to the Superintendent of State Police and compliance with safety regulations.

1. To carry a firearm in the woods, fields, or waters of the state for hunting, target practice, or fishing, provided the firearm is legal and appropriate for hunting or fishing purposes and the person possesses a valid hunting or fishing license.
2. To transport firearms by a licensed dealer and registered employees during normal business, provided they are transported as described above.
3. For members of the armed forces or National Guard while on duty or traveling between places of duty with authorized weapons.
4. For federal law enforcement officers and other federal officers and employees required to carry firearms in the performance of official duties.
5. For law enforcement officers, vehicle inspectors, prosecutors, and assistant prosecutors.
6. For guards and persons with limited police or arrest powers while performing their duties.
7. For out-of-state law enforcement officers engaged in official duties, provided notification is given to the Superintendent of State Police, police chief, or county prosecutor where the duties are performed.

The FID requirement for rifles and shotguns does not apply to antique firearms, provided they are unloaded or being fired for exhibition or demonstration at an authorized range or as approved by the chief law enforcement officer of the municipality.

It is unlawful to knowingly possess any firearm on the buildings or grounds of any school, college, university, or other educational institution without written authorization from the governing officer of the institution, regardless of whether the person possesses a valid permit to carry or FID. This prohibition does not apply to persons listed in paragraphs 7 through 11 above.

A Permit to Purchase or FID is not required for the inheritance of a firearm, other than an assault firearm, upon the owner’s death to their heir or estate.

No person under 18 may possess, carry, fire, or use a firearm except:

• In the presence or under the supervision of a parent, guardian, or someone with a Permit to Carry or FID.
• For military drill under a legally recognized military organization and competent supervision.
• For competition or target practice at a firing range approved by the municipality or the National Rifle Association, with competent supervision.
• For hunting during the designated hunting season, provided they possess a valid hunting license and have completed a hunter’s safety course.

No person may possess, control, own, or purchase any firearm if they have:

• Been convicted of crimes such as aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, sexual assault, bias intimidation, endangering the welfare of a child, weapons offenses, or domestic violence offenses including harassment, stalking, or criminal restraint.
• Been committed for a mental disorder to any hospital, mental institution, or sanitarium without a certificate from a licensed medical doctor or psychiatrist in New Jersey indicating they are no longer suffering from the disorder.
• Been convicted of unlawful use, possession, or sale of a controlled dangerous substance.
• Been subject to a court order prohibiting firearm possession under New Jersey law.

It is unlawful to knowingly possess “hollow nose, dum-dum, or body armor-penetrating bullets.” However, such ammunition may be kept at a person’s dwelling, premises, or other land they own or possess, or carried from the place of purchase to said dwelling or land. Military and law enforcement personnel, retail dealers with purchase records, and federally licensed collectors with no more than three examples of each distinctive variation may possess restricted ammunition.

Penalties for Violations New Jersey Gun Laws

We have some of the strictest gun laws in the country here in New Jersey. It follows that the consequences for possession can be just as severe. A lone conviction for possessing a firearm carries a minimum 5-year prison sentence and substantial fines.

Firearms possession charges are classified into various categories, and depending on the specifics of the crime, you could face multiple charges. These charges include:

• Unlawful possession of weapons: Being found with a firearm without a permit to carry it.
• Unlawful possession of an illegal weapon: Being found with firearms that are illegal in the state.
• Certain persons not to have weapons: Being found with a firearm when you are prohibited from possessing one.
• Possessing a weapon for unlawful purposes: Being found with a firearm intended for unlawful use.
• Possessing a firearm during the commission of a CDS/bias crime: Being found with a firearm while committing a drug-related or intimidation crime.

Each offense carries its own range of penalties, which can be further enhanced if the offense falls under the Graves Act.

If you are facing charges of illegal firearm possession, it is crucial to seek the assistance of an experienced New Jersey gun possession lawyer. A skilled attorney can help you understand your rights and work to protect your freedom.

Unlawful Possession

The sort of firearm you were found in possession of will determine the consequences for unlawful possession. Without a firearms ID card, possessing a rifle or shotgun carries a maximum fine of $15,000 and a sentence of three to five years in prison. Illegal gun ownership without a permit to carry is a second-degree offense punishable by up to $150,000 in fines and five to ten years in jail. The Graves Act applies to unlawful handgun possession, and a minimum obligatory jail sentence is imposed.

Unlawful Possession of an Illegal Weapon

In New Jersey, it is illegal to own certain types of guns under any conditions. A conviction is regarded as a third-degree offense, carrying a maximum sentence of five years in jail and a fine of fifteen thousand dollars.

Certain Persons Conviction

If you are someone who has a prior conviction and is not allowed to possess a firearm if you are found with one in your possession, it can result in 5 to 10 years in prison and you will not be eligible for parole for a minimum of 5 years.

Possession of a Firearm for an Unlawful Purpose

Possession of a firearm for an unlawful purpose is also a second-degree crime punishable by 5 to 10 years in prison and up to $150,000. It also falls under the Graves Act.

What is Considered a Weapon in New Jersey?

The term “weapon” in New Jersey refers to more than just knives and traditional guns. As per legal definition, a weapon is any object that can be easily used to cause death or serious injury to a person. This wide meaning can apply to a variety of objects, including—surprisingly—a person’s fists.

In New Jersey, blunt weapons intended for fighting, such as blackjacks, blunt clubs, and blunted pistols, are specifically categorized as weapons. Additionally included are brass or metal knuckles, which increase the power of a blow. The list also includes cestasuses, an archaic weapon made of leather bands studded with metal filings or wood-embedded razor blades.

Bladed weapons with the ability to do serious harm, such stilettos, daggers, dirks, and gravity knives, are classified as weapons. Switchblade Knives are especially noteworthy because of their unexpected and covert lethality, which is achieved by spring-loaded blades.

Naturally, firearms are on the list because of their inherent capacity for death. Stun guns are considered weapons despite their intended function of incapacitating rather than killing targets due to their potential for severe physical harm.

And last, in New Jersey, even some unconventional objects—like slingshots and sand clubs—are regarded as weapons. These objects can cause serious harm, despite the fact that they may be viewed as simple objects or even toys in some situations.

Comparison to Other States

New Jersey’s gun laws are among the strictest in the nation, with the state consistently ranking near the top of lists of states with the most restrictive firearm regulations. This is in contrast to other states that have more permissive gun laws, often allowing for easier access to firearms and less stringent licensing requirements.

Impact and Effectiveness

Studies have shown that New Jersey’s strict gun laws have had a positive impact on public safety, with the state consistently ranking among those with the lowest rates of gun violence and gun deaths in the country. While some argue that these laws infringe on individual rights, proponents maintain that they are necessary to protect the safety and well-being of New Jersey’s residents.

Conclusion

New Jersey’s gun laws are a testament to the state’s commitment to public safety and its willingness to take bold steps to reduce gun violence. By imposing strict licensing requirements, restricting certain types of firearms, and penalizing those who violate the law, New Jersey has demonstrated its dedication to keeping its residents safe. As the debate over gun control continues to rage across the nation, New Jersey’s approach serves as a model for other states seeking to address the issue of gun violence in their communities.