New Jersey’s Gun Laws: An Overview of Section 2C:58-3 on Firearm Purchases

New Jersey has some of the strictest gun laws in the United States. Section 2C:58-3 of the New Jersey Code of Criminal Justice lays out the requirements for purchasing firearms in the state. This section regulates everything from permits and background checks to limits on purchases. Here is an overview of the key provisions in NJ’s firearm purchase laws:

Handgun Purchases

To purchase a handgun in New Jersey, you must obtain a permit to purchase a handgun. This involves submitting an application to your local police department, getting fingerprinted, passing a criminal background check, and showing you are not disqualified for mental health reasons. Permits are good for 90 days and allow you to buy one handgun. After that, you need to get a new permit for each additional handgun purchase.

The actual handgun purchase must be conducted through a licensed firearms dealer, even for private sales between individuals. So after getting a permit, buyers and sellers need to find a dealer to facilitate the transaction and run an instant background check at the point of sale. Dealers can charge a fee for this service.

Firearms Purchaser ID Card

To purchase a shotgun or rifle in NJ, you need a Firearms Purchaser Identification Card (FPIC). The requirements are similar to handguns – applicants must pass a criminal records check, submit mental health records, get fingerprinted, etc. FPIC cards are valid for 4 years.

With an FPIC, NJ residents can purchase an unlimited number of rifles and shotguns from licensed dealers or private sellers. However, the seller must verify the buyer’s card and keep a record of the sale.

Limit of One Handgun Purchase Per Permit

NJ law restricts handgun buyers to one pistol or revolver purchase per permit. You cannot use a single permit to buy multiple handguns at once. The limit is one handgun per permit.

However, there is no legal limit on the number of rifles or shotguns you can purchase with a valid FPIC card.

Exemptions

Some exemptions exist on the handgun purchase limit and permit requirements:

• No permit is needed for sales between immediate family members
• No limit for active law enforcement officers
• No limit for licensed firearms collectors

But private sellers must still use a dealer to facilitate these transactions in most cases.

Appeals Process

Getting denied for a handgun purchase permit or FPIC card triggers an appeals process. Applicants can request a hearing in New Jersey Superior Court within 30 days to challenge the denial. This involves serving paperwork on local police and the State Attorney General’s office.

Constitutionality

Gun rights groups have challenged some of NJ’s strict purchase laws as unconstitutional infringements on Second Amendment rights. But state and federal courts have largely upheld the constitutionality of NJ’s permit rules, purchase limits, and background check requirements. However, legal challenges may continue as gun laws evolve nationwide.

Takeaways

The key takeaways on NJ’s firearm purchase laws under Section 2C:58-3 include:

• Handgun purchases require a special permit for each gun
• Rifles/shotguns need a FPIC card but no purchase limit
• Dealers facilitate all sales, including private transfers
• Exemptions exist for family, officers, collectors
• Denials can be appealed but rules largely upheld

NJ has passed these strict regulations to minimize gun violence and enhance public safety. Responsible gun owners can follow the rules to legally purchase firearms while upholding the intent of the law. But opponents believe the complex process infringes on Second Amendment rights.