New Jersey Section 2C:58-12 – Registration of assault firearms
New Jersey’s Assault Firearms Registration Law – What You Need To Know
New Jersey has some of the strictest gun laws in the country, including special regulations around “assault firearms.” Here’s an overview of the key things to know about New Jersey Section 2C:58-12 – the law regarding registration of assault firearms.
What is an Assault Firearm in New Jersey?
New Jersey defines “assault firearms” more broadly than some other states. An assault firearm includes semi-automatic rifles, semi-automatic shotguns, and semi-automatic pistols that have certain features, like:
- A folding or telescoping stock
- A pistol grip that protrudes conspicuously beneath the action of the weapon
- A bayonet mount
- A flash suppressor or threaded barrel designed to accommodate a flash suppressor
- A grenade launcher
The full legal definition covers specific makes and models of guns as well.
This means that many semi-automatic rifles that are legal in other states are considered assault firearms requiring registration in New Jersey.
Key Provisions of the Assault Firearms Registration Law
The assault firearms registration law in Section 2C:58-12 requires:
- Registration: Anyone who legally owns an assault firearm in New Jersey must register it within 90 days of the law’s effective date, which was March 15, 1990.
- Background Checks: Registration applicants undergo thorough background checks. Those with criminal convictions or other disqualifying factors will be denied.
- Restrictions on Transfers: It’s illegal to sell or transfer assault firearms in New Jersey except under certain circumstances (such as surrendering to law enforcement).
- Yearly Registration Renewal: Anyone who registers an assault firearm must renew the registration annually. There is a $10 fee per firearm for initial registration and renewals.
- Criminal Penalties: Illegal possession of an unregistered assault firearm is a fourth-degree felony punishable by up to 18 months imprisonment and a fine of up to $10,000.
Registration Provides Increased Oversight
The assault weapons registration program allows New Jersey to maintain records on who owns these firearms and conduct background checks into their eligibility, among other oversight mechanisms. Supporters argue this is important for public safety, while critics argue it infringes on Constitutional rights.
What If I Inherit or Find an Unregistered Assault Firearm?
If you inherit or otherwise obtain an unregistered assault firearm in New Jersey, you have options:
- Register it within 90 days – if you pass the required background checks
- Permanently disable it so it can no longer function
- Voluntarily surrender it to law enforcement for destruction
Failure to take one of these steps could lead to criminal charges.
Recent Legal Challenges
In 2018, New Jersey amended its assault firearms law to expand the list of prohibited models. Gun rights groups filed lawsuits arguing these amendments violate the Second Amendment.
So far the courts have upheld the assault weapons registration requirements, but legal battles continue. Those charged with offenses can explore all possible defenses with an experienced New Jersey gun crimes attorney.