Guys, did some research and found this out.....apparently, it IS legal to possess 30 round magazines though everything else is illegal !!
For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
Purchase/Possession Prohibitions
In order to sell, transfer, purchase or otherwise acquire any handgun ammunition in New Jersey, the transferee must be a licensed gun dealer, wholesaler or manufacturer, or possess a Firearms Purchaser Identification Card, copy of a permit to purchase a handgun or a permit to carry a handgun. N.J. Stat. Ann. § 2C:58-3.3b.
Handgun ammunition may be transferred for use in a lawfully transferred firearm in certain narrow circumstances per N.J. Stat. Ann. § 2C:58-3.1 (temporary transfers for use at firing ranges under the direct supervision of the lawful owner of the firearm or a dealer or instructor), N.J. Stat. Ann. § 2C:58-3.2 (temporary transfers of a firearm for training purposes only), or N.J. Stat. Ann. § 2C:58-6.1 (limited exceptions to the ban on possession of firearms by minors). N.J. Stat. Ann. § 2C:58-3.3f. In addition, the sale of a "de minimis" amount of handgun ammunition for immediate use at a firearm range is permitted if the range is operated by a: 1) licensed firearms dealer; 2) law enforcement agency; 3) legally recognized military organization; or 4) rifle or pistol club which has filed a copy of its charter with the Superintendent of the State Police. N.J. Stat. Ann. § 2C:58-3.3g.
Minimum Age to Purchase/Possess
New Jersey prohibits any person from selling, giving, transferring, assigning or otherwise disposing of handgun ammunition to a person under age 21. N.J. Stat. Ann. § 2C:58-3.3c.
Regulation of Unreasonably Dangerous Ammunition
New Jersey generally prohibits any person from manufacturing, causing to be manufactured, transporting, shipping, selling, or disposing of any bullet primarily designed for use in a handgun, which is comprised of materials that allow it to breach or penetrate body armor. N.J. Stat. Ann. § 2C:39-9(f)(1). The state prohibits any person from knowingly possessing any ammunition primarily designed for use in a handgun that is comprised of materials capable of breaching or penetrating body armor. N.J. Stat. Ann. § 2C:39-3(f).
New Jersey also prohibits the knowing possession of any hollow nose or dum-dum bullet. N.J. Stat. Ann. § 2C:39-3(f). Hollow nose or dum-dum are terms associated with bullets designed to expand on impact. These terms are not specifically defined under New Jersey law.
New Jersey Revised Statutes §§ 2C:39-1w and 2C:39-5f prohibit the knowing possession of "assault firearms" (unless the purchaser or possessor is licensed to possess the assault firearm or the weapon is registered or rendered inoperable), defined to include:
More than 50 specified firearms or their copies (§ 2C:39-1w(1), (2));
A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock (§ 2C:39-1w(3));
A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds (§ 2C:39-1w(4)); and
A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person (§ 2C:39-1w(5)).
Any person seeking to purchase or possess an assault firearm in New Jersey may apply for a license to do so by filing a written application with the county superior court, setting forth in detail the reasons for desiring such a license. Section 2C:58-5a. "No license shall be issued to any person who would not qualify for a permit to carry a handgun...and no license shall be issued unless the court finds that the public safety and welfare so require." Section 2C:58-5b. See the New Jersey Carrying Firearms section.
Licenses expire two years from the date of issue. Section 2C:58-5g.
Any person who lawfully purchased an assault firearm on or before May 1, 1990 was permitted to register that weapon within one year, if the Attorney General determined it was of a type used for legitimate target-shooting purposes. Section 2C:58-12b. The owner was also required to pay a $50 fee per weapon, produce for inspection a valid Firearms Purchaser Identification Card ("FPIC"), a valid permit to carry handguns, or a copy of the permit to purchase a handgun which was used to purchase the assault firearm being registered, and submit valid proof of membership in a rifle or pistol club. Id. Upon the death of a registered owner, the assault firearm must either be transferred to someone lawfully entitled to own or possess it, rendered inoperable, or voluntarily surrendered to law enforcement. Sections 2C:58-12f, 2C:58-13.
New Jersey prohibits any person from manufacturing, transporting, shipping, selling or disposing of an assault firearm without being registered or licensed to do so under state law. N.J. Stat. Ann. § 2C:39-9g.
Finally, any person who offers to sell a machine gun, semi-automatic rifle, or "assault firearm" by means of an advertisement published in a newspaper circulating within New Jersey, where the advertisement does not specify that the purchaser is required to possess a valid New Jersey license to purchase and possess a machine gun or assault firearm, or a valid FPIC to purchase and possess an automatic or semi-automatic rifle, is criminally liable for a misdemeanor. Section 2C:39-15.
Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)
Under the Brady Act, states have the option of serving as a "state point of contact" and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.
In New Jersey, the New Jersey State Police ("NJSP") and local law enforcement serve as state points of contact for implementation of the Brady Act. N.J. Rev. Stat. § 2C:58-3, Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). All firearm purchasers must have either a permit to purchase a handgun, allowing the purchase of one handgun per permit, or a Firearms Purchaser Identification Card ("FPIC"), which allows unlimited rifle and shotgun purchases. Id. Applications to obtain a permit or FPIC must be processed through NJSP or local law enforcement, which in turn use NICS and other state and local records to verify that prospective purchasers are not prohibited from possessing a firearm. Id.
In addition to the federal purchaser prohibitions referenced above, New Jersey has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. No permit to purchase a handgun or FPIC shall be issued to any person who:
Has been "convicted of any crime" (under New Jersey law, a crime is an offense "for which a sentence of imprisonment in excess of 6 months is authorized" per § 2C:1-4);
Has been convicted of a "disorderly persons offense" involving an act of domestic violence (as defined under § 2C: 25-19), whether or not the person was armed with or possessing a weapon at the time of offense;
Is "drug dependent" (see section 24:21-2);
Is a "habitual drunkard" or alcoholic;
Is confined for a mental disorder to a hospital, mental institution or sanitarium;
Has ever been confined for a mental disorder, unless the person can provide "satisfactory proof" that he or she is no longer suffering from that particular disability (see N.J. Admin. Code § 13:54-1.6);
Suffers from a physical defect or disease which would make it unsafe for him or her to handle firearms;
Refuses to waive statutory or other rights of confidentiality relating to institutional confinement;
Knowingly falsifies any information on the application form for a handgun purchase permit or FPIC;
Is under 18 years of age for a FPIC;
Is under 21 years of age for a permit to purchase a handgun;
Is subject to a restraining order prohibiting the person from possessing a firearm (see N.J. Rev. Stat. § 2C:25-29); or
As a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in section 2C:43-7.2d.
Section 2C:58-3c, N.J. Admin. Code § 13:54-1.5.
No permit to purchase or FPIC shall be issued where the issuance would not be in the interest of the public health, safety or welfare. N.J. Rev. Stat. § 2C:58-3c(5). In addition, an applicant must be of "good character and good repute in the community" in which he or she lives. Id.
For all firearm transfers in New Jersey, the purchaser must possess either a permit to purchase a handgun, or a FPIC to purchase long-guns, subjecting that person to state and federal background checks. Section 2C:58-3a, 3b. See the New Jersey Private/Secondary Sales section.
A FPIC is valid so long as the holder is permitted to possess a firearm. See section 2C:58-3c, f. A permit to purchase is valid for 90 days, and may be renewed for an additional 90 day period. Section 2C:58-3f.
No relevant statutes currently exist.
Possession Restrictions
New Jersey prohibits any person from knowingly possessing a handgun, including any antique handgun, without a permit to carry a handgun per New Jersey Revised Statutes § 2C:58-4. Section 2C:39-5b. For long guns, a person must have a Firearms Purchaser Identification Card ("FPIC") pursuant to Section 2C:58-3 in order to knowingly possess a rifle or shotgun. Section 2C:39-5c(1). Generally, New Jersey prohibits any person from knowingly possessing a loaded rifle or shotgun. Section 2C:39-5c(2). New Jersey exempts the temporary possession of a firearm by a person receiving, possessing, carrying or using that firearm, per sections 2C:58-3.1 (for limited use on shooting ranges or for hunting) and 2C:58-3.2 (for firearm training purposes). Section 2C:39-5g.
Notwithstanding the prohibitions on possessing firearms without a permit to carry a handgun or an FPIC under section 2C:39-5, section 2C:39-6e allows any person to keep or carry a firearm in his or her place of business, residence, or other land owned or possessed by the person. Carrying a firearm to or from these locations or to or from a place of purchase or repair and these locations is also permitted. Id.
Possession Restrictions in Schools
New Jersey prohibits the knowing possession of 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. This prohibition applies irrespective of whether the possessor has a valid permit to carry the firearm or a valid firearms purchaser identification card. N.J. Stat. Ann. § 2C:39-5e(1).
The state also prohibits any person from knowingly possessing any weapon listed in N.J. Stat. Ann. § 2C:39-1r(4) (referring to stun guns and any weapon or device that projects, releases, or emits tear gas or any other substance) or any components which can readily be assembled into a firearm under circumstances not manifestly appropriate for lawful use while 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. N.J. Stat. Ann. § 2C:39-5e(2).
The knowing possession of any imitation 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, or while on any school bus, is prohibited. N.J. Stat. Ann. § 2C:39-5e(3).
Any pupil convicted of or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm, or found knowingly in possession of a firearm on any school property, on a school bus, or at a school-sponsored function, shall be immediately removed from the school's regular education program pending a hearing before the local board of education to remove the pupil from the regular education program for a period of not less than one calendar year. N.J. Stat. Ann. § 18A:37-8. This is subject to modification on a case-by-case basis by the chief school administrator. Id. Any pupil removed from the regular education program shall be placed in an alternative education program. Id.
Finally, no person shall, for the purpose of hunting, taking or killing any wildlife, have in his or her possession a loaded firearm while within 450 feet of any school playground. N.J. Stat. Ann. § 23:4-16d. Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.
Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
Section 2C:39-6g provides that all firearms being transported under sections 2C:39-6e (between place of purchase or repair and/or a dwelling and/or a place of business), 2C:39-6f(1) (by members of rifle or pistol clubs, in certain circumstances), or 2C:39-6f(3) (to or from: 1) hunting and fishing activities with a valid hunting license; 2) target shooting on a range; or 3) any exhibition or display of firearms) shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported.
Section 23:4-24.1a prohibits any person from transporting, possessing or having a firearm in his or her control in a motor vehicle, unless the firearm is unloaded and contained in a closed and securely fastened case, or locked in the trunk. Section 23:4-24.1 prohibits any person from possessing in a motor vehicle any shotgun or rifle loaded with missiles of any kind, for the purpose of hunting or attempting to hunt any bird or animal.
Concealed Weapons Licensing Requirements
New Jersey is a "may issue" state, meaning that the chief police officer or superintendent of state police has discretion in determining whether or not to issue a concealed weapons permit to an applicant.
Section 2C:58-4 requires persons seeking to carry a handgun to apply for a permit through the New Jersey State Police ("NJSP") or local law enforcement (in the city or county where the applicant resides). Among other requirements, the application must be endorsed by "three reputable persons" who have known the applicant for at least three years and who certify that the applicant is "of good moral character and behavior." Section 2C:58-4b. Section 2C:58-4c states that no application shall be approved unless the applicant demonstrates that he or she:
Is not subject to any of the disabilities set forth under section 2C:58-3c (see the New Jersey Background Checks section);
Is thoroughly familiar with the safe handling and use of handguns; and
Has a justifiable need to carry a handgun.
New Jersey Administrative Code § 13:54-2.4 details these application requirements, including options by which an applicant can demonstrate "thorough familiarity" with the safe handling and use of handguns, and how the applicant can specify his or her justifiable need to carry a handgun.
Applicants must submit fingerprints to facilitate the background check. N.J. Rev. Stat. § 2C:58-4c.
Following approval by the NJSP or local law enforcement, the applicant must present his or her application to the superior court in the county where the applicant resides. Section 2C:58-4d. The superior court must be equally satisfied the applicant meets the requirements to carry a handgun before it will issue a permit. Id. The fee for a permit is $20. Id.
Disclosure or Use of Information
New Jersey does not allow personal application or permit information of concealed weapons permit holders to be made public. Under New Jersey Administrative Code § 13:54-1.15, any background investigation of any applicant for a permit to carry a handgun is not a public record and shall not be disclosed to any person not authorized to have access to such information. Any application materials, document reflecting the issuance or denial of a permit, and any permit maintained by any state or municipal governmental agency is not a public record and shall not be disclosed to any person not authorized by law to have access to the documentation, except for persons acting in their governmental capacities for purposes of the administration of justice. Id.
For information limiting access to and use of criminal history record information that is utilized for purposes other than criminal justice, see section 13:59-1.6.
Duration & Renewal
New Jersey permits to carry handguns expire two years from the date of issuance. N.J. Rev. Stat. § 2C:58-4a. Permits may be renewed for two year periods in the same manner, and subject to the same conditions, as original applications. Id.
Location Limits
Any person who knowingly has in his or her possession any firearm while in or on 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 is criminally liable for a crime in the third degree, irrespective of whether he or she possesses a valid permit to carry the firearm or a valid FPIC. Section 2C:39-5e.
Permit holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.
Reciprocity
Under section 2C:58-4, non-residents of New Jersey who wish to carry a handgun in the state must obtain a permit to carry a handgun from NJSP under the same process as New Jersey residents.
Brady Exemption
Concealed weapons permit holders in New Jersey are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
New Jersey Revised Statutes § 2C:58-15a states that "[a] person who knows or reasonably should know that a minor [under 16 years of age] is likely to gain access to a loaded firearm at a premises under the person's control" is criminally liable for a misdemeanor if a minor gains access to a firearm, unless the person:
Stores the firearm in a securely locked box or container;
Stores the firearm in a location which a reasonable person would believe to be secure; or
Secures the firearm with a trigger lock.
This section does not apply to activities concerning the lawful use of a firearm by a minor (see the New Jersey Minimum Age to Purchase/Possess section), or where a minor obtained a firearm as a result of an unlawful entry by any person. Section 2C:58-15b.
Section 2C:58-16 requires firearm dealers to give all firearm transferees the following written warning, printed in block letters not less than one-fourth of an inch in height: "IT IS A CRIMINAL OFFENSE, PUNISHABLE BY A FINE AND IMPRISONMENT, FOR AN ADULT TO LEAVE A LOADED FIREARM WITHIN EASY ACCESS OF A MINOR." The section also requires dealers to post a truncated version of this warning "conspicuously at each purchase counter printed in block letters not less than one inch in height." Id.
New Jersey imposes harsh penalties, including a mandatory minimum prison term of three years without parole, on anyone who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person under age 18. Section 2C:39-10e.
For other measures related to child access prevention, see the New Jersey Locking Devices section.
In order to engage in the retail sale of firearms, all firearms dealers and their employees must possess a valid retail license. N.J. Rev. Stat. § 2C:58-2a, N.J. Admin. Code § 13:54-3.2. Section 13:54-3.2 also provides that any person selling firearm ammunition must possess a valid retail license.
Applicants for a license must submit applications to the Superintendent of the New Jersey State Police ("NJSP"), through the NJSP's Firearms Investigation Unit, which agency conducts an investigation to determine whether the applicant or employee meets state requirements to obtain a license. N.J. Rev. Stat. § 2C:58-2a, N.J. Admin. Code §§ 13:54-3.3, 13:54-3.4, and 13:54-3.7. Once the investigation is completed, the application is forwarded to a superior court judge in the county where the applicant maintains his or her place of business for a decision on the application. N.J. Rev. Stat. § 2C:58-2a.
The judge shall grant a license if he or she finds that the applicant or employee meets the standards and qualifications established by the Superintendent (per section 2C:58-2 and N.J. Admin. Code §§ 13:54-3.3, 13:54-3.4, and 13:54-3.7), and that the applicant can engage in the business of the retail sale of firearms or be an employee of a retail dealer without any danger to the public safety, health and welfare. Id.
Under N.J. Rev. Stat. § 2C:58-2a, no license shall be granted to any retail dealer under age 21, to any employee of a retail dealer under age 18, or to any person who could not qualify to obtain a permit to purchase a handgun or a Firearms Purchaser Identification Card ("FPIC") (including any corporation, partnership or other business organization in which the controlling interest is held by an ineligible person). See the New Jersey Background Checks section.
Once issued, each retail dealer license shall be valid for three years. Section 2C:58-2a.
Section 2C:58-2a also subjects all licenses to the following conditions:
The business shall be carried on only in the building or buildings designated in the license;
The license or a certified copy shall be displayed at all times in a "conspicuous place" on the business premises where it can be easily read;
No firearm or imitation firearm shall be placed anywhere where it can be readily seen from the outside;
No rifle or shotgun shall be delivered to any person unless the person presents a valid FPIC, along with a signed certification including the purchaser's name, permanent address, and FPIC number (the certification shall be retained by the dealer and made available for inspection at any reasonable time); and
No handgun shall be delivered to any person unless:
Such person presents a valid permit to purchase a handgun, and at least seven days have elapsed since the date of application for the permit;
The person is personally known to the seller or presents evidence of identity;
The handgun is unloaded and securely wrapped;
Except in the case of personalized handguns, the handgun is accompanied by a trigger lock or a locked case, gun box, container or other secure facility; and
Six months following the date on which the list of personalized handguns is established per section 2C:58-2.4, the handgun is identified as a personalized handgun and included on that list (for further information about personalized handguns, see the New Jersey Personalized/Smart Guns section).
The dealer shall keep a register of every handgun transferred, and shall note whether a locking device was delivered with the handgun. Section 2C:58-2a(6). The register shall include the date and time of the transfer; the name, age, date of birth, complexion, occupation, residence and physical description of the purchaser; the name and permanent home address of the person making the transfer; the place of the transaction; and the make, model, manufacturer's number and caliber of the handgun. Section 2C:58-2b. Copies of the register shall be delivered to local law enforcement (or the county clerk) and the NJSP within five days. Section 2C:58-2e.
Retail dealers are required to install a system "for the prevention and detection of the theft of firearms or ammunition from" his or her business premises. N.J. Admin. Code § 13:54-3.11. The dealer must submit his or her planned security system to the NJSP for approval. Sections 13:54-6.2 — 13:54-6.4. In addition, dealers must implement internal security and safe storage measures for all firearms and ammunition within the business premises. See section 13:54-6.5.
For additional laws governing gun sales generally, including provisions relevant to pawnbrokers, see the New Jersey Private/Secondary Sales section.
Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the New Jersey Background Checks section.
Number of Federally Licensed Firearms Dealers
There are 271 federally licensed firearms dealers in New Jersey. Federal firearms licensee totals for New Jersey as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
Firearm Prohibitions for Domestic Violence Misdemeanants
New Jersey prohibits the purchase or possession of firearms by persons convicted of misdemeanor domestic violence offenses. N.J. Stat. Ann. § 2C:39-7(b)(1). The state also authorizes courts to prohibit defendants from purchasing or possessing firearms in cases where the defendant is charged with (but not yet convicted of) a domestic violence misdemeanor. N.J. Stat. Ann. §§ 2C:25-19(a), (d); 2C:25-26(a).
New Jersey prohibits the purchase or possession of a firearm by any person convicted of a misdemeanor for:
Domestic violence against a former or current dating partner or someone with whom the offender has had a romantic relationship (N.J. Stat. Ann. §§ 2C:25-19(a), (d); 2C:58-3(c)(1));
Domestic violence against any present or former household member or cohabitant, regardless of their relationship to the offender (N.J. Stat. Ann. §§ 2C:25-19(a), (d); 2C:58-3(c)(1)); and
Stalking (N.J. Stat. Ann. §§ 2C:25-19(a)(14); 2C:58-3(c)(1)).
Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders
New Jersey prohibits the purchase or possession of firearms by persons subject to ex parte domestic violence protective orders (i.e., orders issued without informing in advance the party to whom the protective order is directed), and authorizes judges to prohibit the purchase or possession of firearms in ex parte protective orders. N.J. Stat. Ann. §§ 2C:25-28(f), (j); 2C:25-29(b).
New Jersey allows victims of domestic violence to seek a protective order prohibiting the purchase or possession of firearms against: 1) a former or current dating partner or anyone with whom the victim has had a romantic relationship; or 2) any person who is presently residing or has resided with the victim. N.J. Stat. Ann. §§ 2C:25-19(d); 2C:39-7(b)(3); 2C:58-3(c)(6).
Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident
New Jersey requires law enforcement to remove any firearms observed or otherwise discovered at the scene of a domestic violence incident if the officers reasonably believe the presence of the guns exposes the victim to a risk of serious bodily injury. N.J. Stat. Ann. § 2C:25-21(d)(1). A prosecutor has 45 days from the seizure in which to petition a court to take title of a seized firearm. N.J. Stat. Ann. § 2C:25-21(d)(2), (3). If the prosecutor does not institute an action regarding the firearm within 45 days of seizure, the seized firearms shall be returned to the owner. N.J. Stat. Ann. § 2C:25-21(d)(3).
Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued
New Jersey authorizes removal of firearms and/or ammunition by law enforcement officers from abusers subject to domestic violence protective orders, including ex parte protective orders. N.J. Stat. Ann. § 2C:25-29(b)(16). New Jersey authorizes a judge issuing a domestic violence protective order to require the seizure of any firearm in the possession of a person subject to such an order. N.J. Stat. Ann. § 2C:25-28(j).
According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), New Jersey maintains domestic violence restraining order data.
For general information on the background check process and categories of prohibited purchasers or possessors, see the New Jersey Background Checks section.
While New Jersey does not explicitly prohibit gun shows, state law significantly restricts the sale of firearms at gun shows. No retail dealer is permitted to conduct a retail business in a temporary facility. N.J. Admin. Code § 13:54-3.4(e). Temporary means "not having indicia of permanency," and a "temporary facility" includes, but is not limited to, garage sales, flea markets, gun shows and exhibits. Id.
Similarly, no wholesale dealer or manufacturer shall conduct business in a temporary facility. Section 13:54-4.4(f). Temporary facility again includes, but is not limited to, places for garage sales, flea markets, gun shows and exhibits. Id.
Gun sales between collectors and unlicensed persons at gun shows are still permitted, but all firearm purchasers must have either a valid permit to purchase a handgun or a valid Firearms Purchaser Identification Card, as appropriate, when purchasing a firearm at a gun show. A background check is completed on the holder of a permit to purchase or an identification card at the time of issuance. See the New Jersey Background Checks section for further information.
New Jersey Revised Statutes § 2C:39-9f, which generally prohibits any person from manufacturing, transporting, shipping, selling or disposing of any handgun bullet comprised of specific materials, allows licensed collectors of ammunition to transport such ammunition to or from the collector's dwelling, premises or other land owned or possessed by him or her to any gun show for the purposes of display, sale, trade, or transfer between collectors.
See the New Jersey Private/Secondary Sales section for state laws that may apply at gun shows.
No relevant statutes currently exist.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
New Jersey does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), New Jersey's Attorney General may have the authority to regulate junk guns, as well as promulgate other firearm safety standards, pursuant to the New Jersey Consumer Fraud Act. See N.J. Rev. Stat. §§ 56:8-2, 56:8-4. For details, view the Center's report, Targeting Safety.
New Jersey prohibits the manufacture, transport, shipment, sale, or disposal of any large capacity ammunition magazine, unless the magazine is intended to be used for authorized military or law enforcement purposes. N.J. Rev. Stat § 2C:39-9h. New Jersey law defines "large capacity ammunition magazine" as a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly into a semi-automatic firearm. Section 2C:39-1y.
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