New Jersey’s Assault Firearm Transfer and Possession Law: What You Need to Know

New Jersey has some of the strictest gun laws in the country, including specific regulations around “assault firearms.” Section 2C:58-13 of New Jersey law deals with the transfer, possession, and surrender of assault firearms. This article will break down the key provisions of the law and what they mean for gun owners in the state.

Definition of Assault Firearm

First, it’s important to understand how New Jersey defines an “assault firearm.” The definition includes over 50 specific models of semi-automatic firearms as well as firearms with certain features like:

• Semi-automatic shotguns with a magazine capacity over 6 rounds, a folding stock, or a pistol grip[1]
• Semi-automatic rifles with a fixed magazine capacity over 10 rounds[2]
• Firearms converted or modified to meet the above criteria[3]

This wide-ranging definition means that many common semi-automatic rifles and shotguns fall under New Jersey’s assault firearm regulations.

Transfer and Possession Restrictions

In New Jersey, it is illegal to knowingly possess an assault firearm unless:

• You have a valid New Jersey permit to purchase and possess assault firearms[4]
• The firearm is registered with the state as an assault firearm
• The firearm has been rendered inoperable

There are only very limited exceptions allowing possession without a permit, registration, or rendering the firearm inoperable. For example, law enforcement officers can possess assault firearms in certain circumstances[5].

Rendering Inoperable and Voluntary Surrender

Since possessing assault firearms is so strictly regulated, the law allows two alternatives to avoid violating the ban – rendering the firearm inoperable or voluntarily surrendering it.

To render an assault firearm inoperable under New Jersey law, it must be “altered in such a manner that it cannot be immediately fired and that the owner or possessor or any other person can not readily restore the firearm to an operable condition”[1].

You can also voluntarily surrender assault firearms to law enforcement through New Jersey’s voluntary surrender program. This involves completing a form and releasing ownership of the firearm. Many local police departments participate in voluntary surrender programs.

Penalties

Violating New Jersey’s laws on assault firearm transfers and possession is a serious offense. Without a permit or proper registration, illegal possession of an assault firearm is a second-degree felony punishable by 5-10 years in prison and a fine up to $150,000.

The law also makes it illegal to advertise the sale of assault firearms or semi-automatic rifles without specifying the need for proper purchasing permits and licenses. This carries fines and up to 18 months imprisonment.

What This Means for Gun Owners

The bottom line is that New Jersey gun owners must be extremely cautious about possessing assault firearms under Section 2C:58-13. Without the proper permits and registrations, you can face severe criminal penalties. Before acquiring any semi-automatic rifle or shotgun, carefully review New Jersey’s assault weapon characteristics to avoid violations.

And if you currently own a potentially prohibited assault firearm, immediately explore the options to either render it permanently inoperable or voluntarily surrender it to law enforcement. Otherwise, you risk confiscation and stiff prison sentences if caught illegally possessing the firearm.

New Jersey does not mess around when it comes to assault weapons – make sure you fully understand and properly follow all state laws in this area. Consult an experienced gun law attorney if you have any questions. Stay safe and compliant!