New Jersey Section 2C:39-6 – Exemptions

New Jersey has strict gun laws that regulate the possession and use of firearms. However, there are some exemptions to these laws outlined in Section 2C:39-6 of the New Jersey Code of Criminal Justice. This section provides exemptions for certain people to legally possess firearms in situations where possession would otherwise be prohibited.

Overview of NJ Gun Laws

New Jersey gun laws require a Firearms Purchaser Identification Card (FPIC) to purchase or possess any firearm in the state. Handguns also require a separate permit to purchase and carry. Several types of guns are banned entirely in NJ, including assault firearms. There are also restrictions on magazine capacity, hollow-point ammunition, and more. Violating these laws can lead to criminal charges[1].

So while NJ gun laws are strict overall, Section 2C:39-6 carves out exemptions for certain people and situations. These exemptions allow legal possession of firearms when it serves an important public interest.

Exemptions for Law Enforcement and Military

One major exemption in 2C:39-6 is for law enforcement officers and military personnel. Specifically, the restrictions on possessing firearms do not apply to[2]:

• Any member of the Armed Forces of the United States or the National Guard while on duty or traveling to/from duty. Their possession must be authorized under military laws and regulations.
• Any law enforcement officer while on duty or traveling to/from an authorized place of duty. Their possession must be authorized by their department.
• Any law enforcement officer exempted from restrictions by the Attorney General.

This allows active military and law enforcement personnel to possess firearms as needed to perform their duties. The firearms must be agency-approved and authorized per department regulations.

Retired law enforcement officers also have an exemption to carry certain ammunition, as outlined in Section 2C:39-17[3].

Exemptions for Gun Owners at Home

Section 2C:39-6 also exempts lawful gun owners from certain restrictions when the firearm stays on their own property. For example:

• The ban on large capacity magazines does not apply to magazines kept at the gun owner’s home, premises, or land. A person can also transport large magazines from the purchase point directly to their home or land.
• The requirement to immediately surrender firearms upon becoming disqualified does not apply to guns kept at the owner’s home.

This allows lawful owners to possess guns and magazines at home, subject to other regulations. The exemptions essentially protect continued possession on one’s own property. However, transporting firearms and magazines off the premises remains subject to applicable laws.

Other Exemptions

Section 2C:39-6 contains several other notable exemptions:

• Hunting and Target Shooting: The restrictions for transporting firearms do not apply when going directly to/from hunting and target shooting locations. The firearms must be legal for hunting/target shooting and properly cased.
• Antique Firearms: The laws restricting firearms do not apply to antique firearms held as curios, relics, or for their historical significance. Antique firearms are defined as those manufactured before 1898 that do not fire modern ammunition.
• Air Guns: Air guns are exempt from the firearms permit and ID requirements. However, municipal ordinances may still regulate air guns.
• Armored Car Services: Armored car company employees can transport firearms and ammunition while protecting or transporting property. Their possession must be in furtherance of company duties.

Exemption Application Process

Those seeking individual exemptions can apply through the New Jersey State Police. The process involves submitting a formal application and supporting documentation[4].

• Exemptions are evaluated on a case-by-case basis. They are only granted when there is a significant public interest or need.
• Applicants must establish “good cause” for needing the exemption. This usually requires proving a special danger to life or property.
• The State Police consider the applicant’s background, criminal history, and overall suitability to possess firearms.
• Exemptions can be approved for a fixed time period or indefinitely going forward. The State Police can also impose specific conditions on an approved exemption.