Firearms

A Permit to Purchase or FID is not be required for the passing of a firearm other than an assault firearm upon the owner’s death to his heir or estate.
No person under 18 may possess, carry, fire, or use a firearm except:

• In the actual presence or under the direct supervision of a parent or guardian, or some other person who holds a Permit to Carry or FID; or
• For the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision; or
• For the purpose of competition or target practice on a firing range approved by the governing body of the municipality in which the range is located or the National Rifle Association and which is under competent supervision at the time of such supervision or target practice; or
• For the purpose of hunting during the regularly designated hunting season, provided he possesses a valid hunting license and has successfully completed a hunter’s safety course.

No person may possess, control, own, or purchase any firearm if he has:

• Been convicted of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, sexual assault; bias intimidation or endangering the welfare of a child; or any weapons offense; or any domestic violence offense including crime such as harassment, stalking or criminal restraint.
• Ever been committed for a mental disorder to any hospital, mental institution, or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm.
• Been convicted for the unlawful use, possession, or sale of a controlled dangerous substance.
• Subject to a court order pursuant to New Jersey law prohibiting the person from possessing any firearm.

It is unlawful to knowingly possess “any hollow nose, dum-dum, or body armor penetrating bullet.”
A person may keep such ammunition at his dwelling, premises, or other land owned or possessed by him, or carry such ammunition from the place of purchase to said dwelling or land. Military and law enforcement personnel and retail dealers may possess restricted ammunition, provided records are kept of purchasers. A federally licensed collector may possess no more than three examples of each distinctive variation of restricted ammunition.

Carrying

It is unlawful to knowingly have in your possession a:

1. Handgun, including any antique handgun, without first obtaining a Permit to Carry. No distinction is drawn between carrying openly or concealed.
2. Rifle or shotgun without first obtaining a FID card. It is Illegal to carry a loaded shotgun or rifle in any vehicle, or to shoot from any vehicle or across any road.

The exceptions 1 through 11 listed under POSSESSION also apply to CARRYING. 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, provide personal information, be fingerprinted, prove his familiarity with the use of handguns, have three reputable people knowing the person for at least three years 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 is deemed to be an approval of the permit. The procedure for appealing a denial is the same as appealing a denial of a Permit to Purchase or FID.

Antiques And Replicas

“Antique Firearm” means any rifle or shotgun incapable of being fired or discharged; or which does not fire fixed ammunition, regardless of date of manufacture; or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value. “Antique handgun” is a handgun manufactured before 1898, or a replica thereof, which is recognized as being historical in nature or of historical significance and either utilizes a match, friction, flint, or percussion ignition, or a pin-fire cartridge in which the pin is part of the cartridge; or does not fire fixed ammunition or for which cartridge ammunition is not commercially available.

Machine Guns

A machine gun is any firearm, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism, or instrument and fired. Possession, purchase, or sale of a machine gun without 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 business is conducted.
Manufacture, shipping and transport of a machine gun without a license is also prohibited.
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.