The state of New Jersey requires that all prospective firearm purchasers obtain a permit to purchase a handgun (one gun purchase per permit) or a Firearm Purchaser Identification Card (FPIC, allows unlimited rifle and shotgun purchases) from local law enforcement, New Jersey State Police, or the licensing authority. NJ gun laws mandate that the application for the permit or FPIC must be made in writing and submitted to the licensing authority together with a fee of $2 for residents of this State and $5 for non-residents. The licensing authority shall investigate the applicant and, if there is no reasonable cause for denial, grant the permit or FPIC within 30 days of receipt of the application for residents of this State and within 45 days of receipt of the application for nonresidents.
The licensing authority may, if it determines that an applicant is not qualified to possess a firearm by reason of any disqualifying factor under NJ gun laws, defer the permit or FPIC application for 90 days. During the deferment period, the applicant is not permitted to acquire a firearm or transfer any other weapon to any person. A person who knowingly transfers a firearm to a person who is disqualified from possessing the firearm under State or federal law is guilty of a crime of the third degree under NJ gun laws. A conviction for this offense does not merge with any other criminal offense and a separate sentence is imposed.
When a court issues a judgment of conviction in a criminal case or order of restraining against a person which authorizes that person to be placed under arrest and to be removed from the dwelling or place of business of the other, the court shall inform the defendant that the defendant is prohibited from purchasing, owning, possessing, controlling or receiving any firearm and from receiving or retaining a permit to purchase a handgun pursuant to section 6 of P.L.1979, c.179 (C.2C:39-7) and a firearms purchaser identification card or permit to purchase a handgun under section 2C:58-3, until the court orders otherwise. The court shall also order the defendant to arrange for the immediate surrender to a law enforcement officer of any firearm that is not already seized or surrendered and a firearms purchaser identification card or a permit to purchase a handgun that is possessed by the defendant, as required by NJ gun laws.
A violation of this section is a disorderly persons offense. A violation of this section by a licensed retail dealer of firearms is a disorderly persons offense. Any dealer who violates this section is liable for a fine of not less than $500 nor more than $2,500 under NJ gun laws. If the licensee is convicted of this violation, the superintendent of the licensing authority shall not renew the license of such person and may remove the name of such licensee from his or her list of licensed dealers. No person shall transport any firearm into this State for the purpose of selling, transferring, giving or assigning it to another person and any motor vehicle used in such transportation is subject to forfeiture.
New Jersey is well-known for its strict gun laws, and many residents must go through a rigorous process before they can enjoy their Second Amendment right to bear arms. Some of the key requirements under NJ gun laws include obtaining a Firearm Purchaser Identification Card (FPIC) for rifles, shotguns, and long guns as well as a separate Permit to Buy a Handgun. Those who want to obtain weapons must complete an extensive application process and undergo in-depth background checks conducted by the FBI and state police. They must also provide two references who are not relatives and consent to searches of mental health records. In addition, applicants must pay a fee to process the application.
Those who are denied a permit are typically disqualified because of a conviction for a crime, a disorderly persons offense, or domestic violence. Additionally, anyone who has been placed on the terror watch list is also deemed ineligible to purchase firearms in the state of New Jersey.
Another important requirement is that those who own a gun in the state of New Jersey are required to possess a permit to carry it. New Jersey law prohibits open carrying of a weapon, which means that if someone is caught carrying a weapon in public without a permit, they could face a serious criminal charge under NJ gun laws.
It is also important to understand that New Jersey has a unique law governing the sale an
d possession of certain semi-automatic rifles, which are commonly referred to as assault weapons. Those who possess these types of firearms without a permit can be charged with illegal possession of weapons, which is a third-degree felony that carries up to five years in prison under NJ gun laws.
In addition, the law in New Jersey permits family members, household members, or law enforcement to petition the courts for an Extreme Risk Protection Order, which can take away a person’s rights to own and carry a firearm, even if they have not been convicted of a crime or deemed by a judge to be a danger to themselves or others. This is known as the red flag law and it can significantly limit a person’s freedoms under NJ gun laws.
If you have been accused of violating NJ gun laws, a skilled attorney may be able to help. Experienced criminal defense lawyers have extensive experience defending clients against charges related to the possession of weapons and can help you fight to protect your rights. Call today to schedule a consultation with a knowledgeable attorney. We will work tirelessly to help you avoid a mandatory punishment under NJ gun laws.
The Second Amendment grants individuals the right to bear arms, but there are exceptions, particularly for those convicted of felonies. In New Jersey, individuals convicted of a felony are prohibited from obtaining a Firearm Purchaser Identification Card (FPIC) or any firearms. Violating this can result in severe penalties, including up to 14 years in prison if caught carrying a weapon or committing a crime while in possession of a firearm. This is why it is important to contact an experienced criminal defense lawyer as soon as possible if you have been charged with a weapon or gun offense under NJ gun laws.
NJ gun laws require residents to obtain permits for purchasing handguns and a FPIC for rifles and shotguns. The state disqualifies individuals involuntarily committed to mental institutions or declared mentally incompetent by a court or government body. These regulations aim to ensure that only eligible individuals can possess firearms, with provisions for the temporary confiscation of guns in specific cases until resolved.
Certain crimes, such as domestic violence or aggravated assault, can also lead to the loss of gun ownership rights in New Jersey. Law enforcement may confiscate firearms until the conclusion of the related case. However, individuals may have their gun rights restored by demonstrating that the incidents did not result in violent or dangerous outcomes.
Regarding weapon charges, possession of a weapon in the third degree is common in New Jersey and is considered a class D felony. This charge can carry a mandatory minimum sentence of 3.5 years in prison, with a maximum of 15 years. It is also illegal to sell, transfer, or dispose of a firearm without a license.
Due to the complexity of NJ gun laws, seeking legal help from an experienced criminal defense attorney is crucial. Attorneys can help navigate the NJ gun laws, fight for your rights, and work to overturn adverse decisions in the gun purchasing process.
Experienced criminal defense attorneys are dedicated to fighting for clients’ rights, including protecting their Second Amendment rights in the context of the gun purchasing process. Attorneys with years of experience can help clients turn around adverse decisions made in the gun buying process under NJ gun laws. Their experience can be invaluable in ensuring that clients adhere to all legal requirements and regain their firearm rights when possible.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311