New Jersey has no State Constitutional Provision that expressly states the right of its residents to bear arms. In general, New Jersey Gun Laws are very strict. Although there is no registration required for rifles and shotguns, an ID card is needed to purchase them. Then, its owners are also required to secure a license for them. A permit to purchase and licensing of handgun owners are mandatory too under New Jersey Gun Laws. In addition, a permit to carry should be secured by handgun owners who want to possess their pistol or revolvers in public places not prohibited by state and federal laws.
Validity of Permits Issued Under New Jersey Gun Laws in Other Jurisdictions
There are only a few states that honor permits issued under New Jersey Gun Laws, these are:
- North Carolina
- South Dakota
On the other hand, New Jersey Gun Laws do not recognize any permits issued from any state.
Key Provisions of New Jersey Gun Laws
In addition to the general rules stated in the earlier part of this article, here are the key requirements and restrictions enumerated under New Jersey Gun Laws:
1. It is prohibited for gun dealers to sell or transfer any form of firearm to a person without a valid Firearms Purchasers Identification Card or FID. Likewise, a person without FID is not allowed to possess, own or acquire a firearm.
2. A valid FID can be used by a person for multiple purchases of rifles or shotguns. It should be noted though that the person acquiring a long arm should also have the certification forms required to purchase a gun.
3. An FID is only required for private or dealer transactions involving rifles or shotguns.
4. Any dealer who wishes to sell a handgun must get a license from the state first and the person selling a handgun should acquire a Permit to Purchase a handgun too.
5. A handgun permit to purchase is only good for one transaction.
6. No handgun is allowed to be delivered to a person without a trigger lock, locked container, gun box or any other secure handgun storage product. This does not apply to antique handgun purchases.
7. No FID or Permit to Carry is required in the gun owner’s place of business, residence, premises or other land he owns.
8. An FID or Permit to Carry is not required when the owner is transporting a gun inside a vehicle as long as it is locked, unloaded and safely stored in an encasing or locked in the trunk of the vehicle.
9. Carrying a firearm for target practice does not require an FID as long as the possessor is a member of a club that is organized in accordance to the rules of National Board for the Promotion of Rifle Practice and that the club has provided the Superintendent of State Police its charter and annual list of members.
10. No FID or Permit to Carry is needed when gun is intended for hunting or fishing. However, the gun must be designed for such purposes and that the owner must have a valid license for the activity.
11. Members of the US Armed Forces, law enforcement officers, guards, or persons not restricted by law from carrying fireams in line of duty are exempted from the need to carry an FID or Permit Carry.
12. Passing of a firearm to an heir or estate of a deceased owner does not need an FID or permit.
13. A person under 18 years of age is not allowed to possess a firearm unless he is within the direct supervision of his parent, legal guardian, safety course instructor while in a shooting range, or state-recognized drill instructor if he is training with the military. He should also possess a valid hunting license and must successfully complete a hunter’s safety course when using a gun for hunting purposes.
13. Possessing a hollow nose, dum-dum or armor piercing bullet is illegal unless the carrier is within his place of residence, premises or lands owned by him. Military and law enforcement officials are allowed to possess such ammunition as long as records are kept by purchases. In addition, an authorized gun collector is only allowed to have not more than three samples of each type of restricted ammunition.
14. The possession of machine gun or assault firearm is prohibited unless it complies with the requirements set forth by federal and New Jersey Gun Laws. It should be noted that these types of firearms require special licenses issued only by the judge of a Superior Court. Sellers of such firearm are also required to get a special license from the mentioned issuing authority.
15. A firearm with altered, removed or destroyed identification mark is illegal except when the firearm is categorized as antique.
16. Possessing, selling, transporting, manufacturing or transferring a large capacity magazine is unlawful. A large capacity magazine is any type of firearm-feeding device that can hold more than 15 rounds of ammunition.
FID or Permit to Purchase Requirements
FID or Permit to Purchase applicants should be able to fulfill the following requirements posted by New Jersey Gun Laws:
1. At least 18 years old when applying for rifle and shotgun purchase or at least 21 years old when applying for handgun purchase.
2. Must be able to pay the fees ($2 for Permit to Purchase, $5 for FID and a fingerprint fee of $54).
3. Should be able to completely fill up the form given by the Superintendent of State Police.
4. Someone who has been convicted of a crime, drug dependent, habitual drunkard, confined for mental treatment, suffering with a mental or physical disability that prevents the safe use of firearm, considered as a threat to life or property, or a person who intentionally falsifies any of the information provided in his application form is disqualified from securing a permit or FID.
5. A person who has been denied of his application may request a hearing in the Superior Court of the county where he resides within 30 days.
Permit to Carry Process
Whether carrying a firearm openly or concealed, a Permit to Carry is needed. Here are the processes that applicants must undergo when applying for a Permit to Carry:
1. A person applying for a Permit to Carry must have an FID prior to his application.
2. He should be able to submit all the necessary documents needed by the Superintendent of the State Police.
3. The Superintendent of the State Police then forwards the application to the judge of the Superior Court for approval.
4. The judge of the Superior Court must provide a decision within 60 days or else it will be deemed approved if the period has lapsed. It should be remembered too that the judge may put certain restrictions in the permit based on legal grounds.
A current court precedent holds that the State Legislature is allowed to make amendments in New Jersey Gun Laws.