New Jersey’s Law Allowing Temporary Transfer of Firearms for Training – What You Need to Know

New Jersey has a law, Section 2C:58-3.2, that allows for the temporary transfer of firearms for training purposes. This law provides an exemption to the general rules in New Jersey that tightly regulate the transfer of firearms.

Let’s break down what’s allowed under 2C:58-3.2 and what you need to know if you want to temporarily transfer a gun for training in New Jersey.

The Basics of 2C:58-3.2

The law allows for the temporary transfer of a firearm if it is going to be used for firearm training and practice at a range or other area where firearm discharge is legal. So if you want to let someone use your gun for target practice or training, this law provides a way to do it legally in New Jersey.

There are a few requirements:

• The transfer can only be for training and target practice – not for concealed carry or other general use.
• The transfer can be for no more than 8 hours per day and needs to occur at the range/discharge area or while transporting the firearm directly to and from that location.
• The person receiving the transferred firearm cannot be prohibited from owning firearms under New Jersey or federal law.
• The transferor cannot knowingly be transferring the gun to someone prohibited from possessing firearms.
• The transfer can only involve shotguns, rifles, and semiautomatic pistols that use air or CO2 to expel ammunition, not other guns.

So in a nutshell, it provides a way for people to share firearms for training purposes only, subject to those limitations.

Why Was This Law Passed in New Jersey?

New Jersey is known for having some of the strictest gun laws in the country. The general approach is to heavily regulate the purchase, possession, and transfer of firearms.

But legislators recognized that this created problems for gun owners who wanted to mentor or train other individuals in firearm use and safety. Letting someone else use your gun at the range would violate New Jersey’s general transfer and possession rules.

So 2C:58-3.2 was passed in 1997 to carve out a narrow exception allowing temporary firearm transfers for instructional purposes only[1]. It enables gun owners to teach and train others without running afoul of the possession and transfer restrictions.

What Type of Training Is Covered?

The law is clear that the temporary transfer can only occur for “instruction and training” in firearm use and safety. This means formal training courses, but also more informal one-on-one instruction at the range.

For example, many gun owners want to teach family members, especially young adults and teens, how to properly handle and shoot firearms. This law allows them to share guns for training purposes only, without having to go through the normal transfer process.

The training doesn’t have to be any particular type or level of formality. The key is that the temporary transfer can only be for enabling someone to learn safe firearm practices and techniques.

Where Can the Training Occur?

The training sessions must take place at a range or other area specifically designed and designated for legal firearm discharge under New Jersey law. This includes licensed shooting ranges.

Transporting the firearm directly to and from the training area is allowed during the temporary transfer period. But the gun cannot be used for any other purpose outside of the instruction.

So this is not a loophole for broader lending of firearms between individuals. The location and activity restrictions help ensure the guns are only used for training purposes.

How Long Can the Transfer Last?

The temporary transfer can only be for a maximum of 8 hours per day. The hours do not need to be consecutive, but the total time during which the transferred firearm is in someone else’s possession cannot exceed 8 hours in any single calendar day.

At the end of the training session, the gun must be returned to the original owner. This emphasizes that these transfers are not a way to lend out a gun indefinitely or allow open-ended possession by someone else.

What About Ammunition?

The law covers only the temporary transfer of a firearm itself. It does not address ammunition.

However, providing ammunition along with a temporarily transferred gun would seem to be implied or necessary for training purposes. So that would appear to be permissible, although the law does not explicitly mention ammunition.

What Types of Firearms Are Covered?

Unlike some other exemptions in New Jersey law, the training transfer provision is not limited only to handguns. Several types of firearms may be temporarily transferred:

• Handguns
• Rifles
• Shotguns
• Air guns or BB guns that use air or CO2 cartridges to expel ammunition

However, firearms that fall under New Jersey’s definition of “assault weapons” may not be temporarily transferred under this law. That includes semi-automatic rifles with certain features, and some semi-auto pistols.

Can Individuals With Criminal Records Train Using a Temporarily Transferred Firearm?

No. The law specifically says the transfer cannot be to any individual who is prohibited from possessing firearms under either New Jersey law or federal law.

This means that the person receiving the transferred gun for training must be legally allowed to possess firearms generally. Felons, domestic violence offenders, and certain other prohibited categories cannot make use of this training law.

Are There Any Paperwork Requirements?

No. Unlike most other gun transfers in New Jersey, the temporary training transfer does not require any permits, ID cards, background checks, or paperwork.

The law has no provisions requiring records, forms, or registration of these temporary arrangements.

However, it would be smart for both parties to document the transfer in writing, including dates and times, for their own records in case any issues arose later. But there is no legal paperwork mandated.

Can Individuals Be Prosecuted for Improper Use of This Law?

Yes. The law has penalties built in for those who abuse the temporary transfer privilege.

If someone falsely claims they are using a transferred firearm for training, but instead uses it for other unauthorized purposes, they can be charged with a second-degree felony under New Jersey’s general unlawful possession laws.

The transferor can also be charged with a crime if they knowingly gave the firearm to someone prohibited from possessing guns, or allowed the gun to be used for non-training purposes.

Is There an Age Limit for Trainees?

The law does not specify any age restrictions. However, federal law and other state laws still apply.

Under federal law, possession of handguns by anyone under 18 is generally prohibited, with certain exceptions including supervised training. New Jersey also prohibits possession of firearms by those under 18 except in limited circumstances.

So while the training transfer law does not list any ages, minors would still need to be supervised by adults and comply with other state and federal laws regarding juvenile possession.

Do Other New Jersey Gun Laws Still Apply?

Yes. The temporary transfer exemption is limited only to the specific issues of possession and transfer during supervised training.

All other state gun laws in New Jersey still apply. This includes transporting firearms properly unloaded and locked up, restrictions on magazine capacity, licensing requirements for purchase, and all other existing firearm regulations.

The training law provides no exemption from any other provision of New Jersey’s firearm codes. It simply carves out a narrow exception for temporary sharing during instructional use.

Conclusion

New Jersey’s firearm training law provides a way for gun owners to teach safe practices to others through temporary transfers at a range. This accommodation balances the state’s tight regulations with an allowance for education.

The law has strict limits – the transfer must be for training only, is time-restricted, applies to certain guns, requires a legal transferee, and more. Responsible gun owners should understand the requirements so they can legally share firearms for instructional purposes in New Jersey. But abuse could lead to criminal charges.

Overall, 2C:58-3.2 allows for limited, sensible sharing of guns to promote education and safe handling skills, while still staying consistent with New Jersey’s strong public safety approach on firearms.