New Jersey Section 2C:58-8.1 – Rules, regulations.

New Jersey’s Gun Rules and Regulations – What You Need to Know

New Jersey has some of the strictest gun laws in the country. Section 2C:58-8.1 of the New Jersey code deals with the rules and regulations around firearms in the state. This section gives an overview of the key points in this law that every New Jersey gun owner or prospective owner should know.

Background Checks and Permits

In New Jersey, you need a firearms purchaser identification card (FID) to purchase or own any firearm. To get an FID, you have to pass a criminal background check. This applies to purchasing shotguns and rifles. For handguns, you need a separate permit for each pistol or revolver you want to buy, also requiring a background check.

The background check process can take a while—sometimes a few months—so you need to plan ahead if you want to buy a gun in New Jersey. The state police have a backlog of applications to get through. Be patient and make sure your application is totally complete to avoid delays.

Transporting Guns

Under 2C:58-8.1, transporting your gun around New Jersey requires extra care. All firearms need to be unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the vehicle. The ammunition also needs to be stored separately from the firearm.

You can only transport guns between exempt locations, like your home, a shooting range, a gun store, or a hunting area. Never just ride around with a gun in your car without a specific lawful destination in mind.

There are exceptions if you have a New Jersey carry permit, allowing loaded transportation between the listed exempt places. But in general, always unload and case your firearms before hitting the road.

Carry Permits

Speaking of carry permits, New Jersey is a “may issue” state for concealed carry. That means the police don’t have to give you a permit just because you applied. You need to prove you have a “justifiable need” first.

Self-defense doesn’t count as justifiable need in New Jersey. You generally have to show documented threats to your life to get a carry permit here. That makes New Jersey a very restrictive “may issue” state compared to others.

Open carry is also illegal here, except for certain activities like hunting, fishing, target practice, and traveling to and from those activities. But in general, don’t carry a gun out in the open in public places.

Mental Health Issues

Section 2C:58-8.1 allows the New Jersey Commissioner of Health to help establish additional rules around gun ownership and mental health. If you’ve ever been committed to a psychiatric hospital or determined mentally incompetent by a judge, you can’t get a gun license in New Jersey.

The state also participates in the National Instant Criminal Background Check System (NICS), which flags anyone who has been involuntarily committed to a mental institution. There’s no simple way around these mental health restrictions if you want to own a gun in NJ.

One Handgun a Month

New Jersey restricts handgun purchases to one per 30-day period. So you can’t just go buy a bunch of pistols or revolvers in one big shopping spree. You need to space out your handgun purchases by at least a month.

This rule is designed to discourage illegal straw purchases and gun trafficking. Some exemptions exist for collectors with the proper licensing, but average handgun buyers are limited to 12 purchases per year.

Smart Gun Mandate

New Jersey was the first state to pass a smart gun law, back in 2002. Once smart guns become commercially available, only smart guns can be sold here after a certain date.

Smart guns use technology like fingerprint recognition or RFID chips to prevent anyone but authorized users from firing the weapon. This mandate has been controversial, with opponents saying it limits consumer choice.

As of 2023, no smart guns are yet being mass produced in the U.S. New Jersey passed a new law in 2019 giving the smart gun mandate a 10-year time limit once they do hit the market. So this technology is still in the future for NJ gun owners.

Ammunition Restrictions

The 2C:58-8.1 regulations also cover purchasing and possessing ammunition in New Jersey. You don’t need an ID card or permit to buy ordinary shotgun or rifle ammo here. But you do need a firearms ID card to purchase handgun ammunition.

Hollow point bullets are also banned here—even for rifle target practice. The law considers hollow points “dum-dum” bullets designed to expand on impact. So stick to normal FMJ and lead rounds when buying ammo in NJ.

Assault Weapons Ban

Like some other blue states, New Jersey has an assault weapons ban prohibiting the future sale and transfer of semiautomatic rifles with military-style features. If you already owned an assault rifle before the ban took effect in 1990, you can keep it after registering it.

But you can’t buy new assault weapons or import them into the state. There’s also a 10-round magazine capacity limit for all firearms here, which applies to pre-ban grandfathered assault rifles too.

Child Access Prevention

New Jersey has strong child access prevention laws enforced under Section 2C:58-8.1. If you own a gun in a home where someone under 18 lives or may visit, you must store firearms unloaded and locked up separately from ammo.

You can be charged with a disorderly persons offense if a child gains access to your unsecured firearm, even if no injury occurs. Any injury or death resulting from unsecured guns could lead to criminal negligence charges. Always keep your firearms locked and separated when kids are around.

No Duty to Retreat

While New Jersey gun laws are otherwise quite strict, the state does have strong self-defense protections for lawful gun owners. There is no duty to retreat from a threat if you’re in a place you have a legal right to be.

So if someone threatens you in public or breaks into your home, you can stand your ground and use lawful defensive force without trying to escape first. This is an important right for all law-abiding NJ gun owners.

Non-compliance Penalties

Violating New Jersey’s gun laws, including the regulations in 2C:58-8.1, carries stiff penalties. Getting convicted of an unlawful weapons offense can land you in prison for 5-10 years in this state, even if it’s a first offense.

Illegal possession of assault weapons or machine guns is an even more serious felony here. Don’t take compliance with NJ’s strict gun rules lightly if you want to avoid serving hard time.

The Bottom Line

While gun owners may grumble about the restrictions in New Jersey, being aware of the key requirements under 2C:58-8.1 will keep you safely on the right side of the law. Background checks, transport rules, carry permits, and mental health issues are all regulated here.

Follow our tips and do thorough research before purchasing or transporting any firearm in New Jersey. Responsible gun ownership means knowing and respecting even strict state laws. Don’t learn the hard way and wind up getting your gun rights taken away.

Be a knowledgeable community member and lawful gun owner by following New Jersey’s firearm codes. Safety and compliance go hand in hand when exercising your 2nd Amendment rights in NJ. Check out the full text of 2C:58-8.1 online for more details on properly owning and using guns here