New Jersey Section 2C:58-3.1 – Temporary transfer of firearms

New Jersey’s Law on Temporary Transfer of Firearms

New Jersey has a law that allows for the temporary transfer of firearms between individuals in certain situations. This law, known as Section 2C:58-3.1, was passed in 1992 and amended in 2000. It provides two main ways that a firearm can be temporarily transferred in NJ.

Temporary Transfer at a Gun Range or Club

The first way is for temporary use at a gun range or club. Under 2C:58-3.1(a), a legal owner of a handgun, rifle, or shotgun can temporarily give their gun to someone else to use at a gun range, as long as:

• The range is operated by a licensed dealer, law enforcement agency, military organization, or rifle/pistol club
• The person borrowing the gun is 18 or older
• The gun is only used for target shooting, trap/skeet, or competition at that range
• The transfer lasts no more than 8 hours in a 24 hour period
• A fee can be charged for the transfer

During the transfer, the owner or the licensed dealer who did the transfer has to supervise its use. The gun can only be used in their presence at the range.

This allows things like letting a friend borrow your gun to try out at the range, or renting out guns to customers to use for target practice. But the owner has to stay there the whole time to keep an eye on it.

Temporary Transfer for Hunting

The second main exemption is for temporary transfers for hunting purposes under 2C:58-3.1(b). This allows shotgun and rifle owners (not handguns) to lend their hunting weapon to someone else for up to 8 hours in a 24 hour period. The requirements are:

• The person borrowing the gun is 18 or older
• The person has a valid hunting license and any required permits
• The transfer occurs while hunting out in the woods or fields
• No fee can be charged

The owner must stay “in the actual presence or vicinity” of the person using the gun. This allows things like a father temporarily giving his hunting rifle to his son to use during a hunting trip. But he has to go with him and be nearby when the son is using it.

Other Details

There are some other important things to know about temporary firearm transfers in NJ:

• They can’t be used for any unlawful purpose under NJ 2C:39-14, like criminal activity.
• The owner or dealer can’t knowingly transfer to someone who is disqualified from owning guns under 2C:58-3(c). And the borrower can’t knowingly take the gun if they are disqualified.
• Handguns transferred at a range have to be handled only under direct supervision. Rifles/shotguns can be used without direct supervision as long as the owner is nearby.
• The temporary transfer laws don’t apply to purchases or loans longer than 8 hours. Those still require the normal firearms permits and background checks.
• Immediate family members and law enforcement officers are exempt from the temporary transfer restrictions.
• Heirs and legatees who inherit guns from a deceased owner are also exempt.

So in summary, New Jersey’s law does provide some limited exceptions to allow short-term, temporary transfers of firearms without going through the normal permit process. But there are strict requirements on supervision, location, time limits and eligibility. It’s not a free-for-all.

Why Does This Law Exist?

New Jersey has relatively strict gun laws compared to other states. So why allow even these narrow exceptions for temporary transfers?

Supporters of the law argued there were legitimate reasons someone may need to borrow a gun on a temporary basis:

• To try out shooting as a sport before buying their own gun
• To train with different types of firearms to improve skills
• To use a specialized gun they don’t own for hunting or competition

They reasoned it didn’t make sense to make people go through the whole permit process for these limited situations. The strict supervision and location requirements were added as a compromise to prevent misuse.

Controversies and Criticisms

Not surprisingly, some gun-rights and gun-control advocates have criticized aspects of the temporary transfer law:

• Gun-rights activists argue the restrictions are still too severe. For instance, the supervision rules at ranges are stricter than some other states. And the hunting exception doesn’t allow lending handguns.
• Gun-control activists counter that even these small exemptions create loopholes. They argue more background checks and paperwork should be required to cut down on “under the radar” transfers.
• Law enforcement has warned the hunting exception is particularly hard to enforce. With no required records or paperwork, it’s easy to abuse by exceeding the 8-hour limit or lending guns to ineligible persons.

So the debates over this law are likely to continue, with both sides arguing over the right balance between safety and flexibility.

Penalties for Violations

Like all gun laws, there are serious penalties for violating New Jersey’s temporary transfer restrictions:

• For the borrower, it’s a felony offense punishable by 3-5 years imprisonment and a fine of up to $15,000 2C:39-10(a)(2).
• For the owner/dealer who illegally transfers the gun, it’s a felony offense punishable by 3-5 years imprisonment and a fine of $1,000-$15,000 2C:39-9(k).
• Transferring a gun to someone planning to use it unlawfully can be charged as a separate “conspiracy” offense.
• The gun itself may also be seized and forfeited if used illegally.

So it’s critical to follow all the rules and restrictions when temporarily lending firearms in New Jersey.

Defense Options If Charged

If you are accused of an illegal transfer violation, here are some potential defenses to consider:

• Lack of “transfer” – Argue the gun was merely shown or handled, but not actually loaned out or given physical possession.
• Time limit – Argue the exchange was less than 8 hours so within exception.
• Legal purpose – Argue the gun was only used for legal activities like target shooting, not criminal conduct.
• Lack of knowledge – Argue you reasonably didn’t know the person was ineligible to possess guns.
• Self-defense – Argue temporary possession was necessary for urgent self-defense needs.
• Second Amendment – Argue the restrictions are unconstitutional under the Second Amendment.

An experienced New Jersey gun crimes defense attorney can evaluate the specifics of your case and determine the best defense strategy.

Conclusion

The temporary firearm transfer law in New Jersey attempts to strike a balance between safety and flexibility. While it provides limited exceptions to the general permit rules, there are still strict requirements and harsh penalties for violations. Anyone looking to lend out or borrow guns should be very careful to follow all the legal restrictions. For more guidance on safely and legally transferring firearms in NJ, consult with a qualified gun law attorney.