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“Firearm or firearms” means any handgun, rifle, shotgun, machine gun, assault firearm, automatic or semi-automatic rifle, or any gun, device or instrument in the
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NEW JERSEY ADMINISTRATIVE CODETITLE 13. LAW AND PUBLIC SAFETYCHAPTER 54. FIREARMS AND WEAPONSAUTHORITYN.J.S.A. 2C:39-1 et seq. and 2C:58-1 et seq.; as to N.J.A.C. 13:54-1.15, N. J.S.A. 47:1A-2 and Executive Order No. 9 (Gov. Richard J Hughes, September 30, 1963). SOURCE AND EFFECTIVE DATER.2002 d.183, effective May 17, 2002. See: 34 N.J.R. 211(a), 34 N.J.R. 2136(a). CHAPTER EXPIRATION DATE Chapter 54, Firearms and Weapons, expires on May 17, 2007. CHAPTER HISTORICAL NOTE Chapter 54, Weapons and Explosives, was adopted and became effective prior to September 1, 1969 pursuant to Authority delegated at N.J.S.A. 2A:151-1 et seq. Subchapter 6, Security Systems for Dealers, was adopted as R.1971 d.158, effective Septem ber 3, 1971. See: 3 N.J.R. 158(a), 3 N.J.R. 207(a). Chapter 54, Weapons and Explosives, was repealed and Ch apter 54, Firearms and Weapons, was adopted as new rules by R.1986 d.413, effective October 6, 1986. See: 18 N.J.R. 51(a), 18 N.J.R. 2048(b).Pursuant to Executive Order No. 66(1978), Chapter 54, Firear ms and Weapons, was readopted as R.1991 d.564, effective November 18, 1991. See: 23 N.J.R. 2250(a), 23 N.J.R. 3521(a). Pursuant to Executive Order No. 66(1978), Chapter 54 wa s readopted as R.1996 d.579, effective November 18, 1996. See: 28 N.J.R. 4375(a), 28 N.J.R. 5181(a). Subchapter 7, Retired Law Enforcement Officer’s Identification Card to Permit Carrying a Handgun, was adopted as new rules by R.1997 d.348, effective August18, 1997. See: 29 N.J.R. 2624(a), 29 N.J.R. 3733(a). Chapter 54, Firearms and Weapons, was readopted as R.2002 d.183, effective May 17, 2002. See: Source and Effective Date.
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SUBCHAPTER 1. FIREARMS IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN13:54-1.1 Firearms purchaser identification cards and permits to purchase handguns This subchapter prescribes the requirements and procedures for the issuance of firearms purchaser identification cards, permits to purchase handguns and the general rules for holders of such permits and identification cards. 13:54-1.2 Definitions The words and terms used in this chapter shall have the following meanings: “Ammunition” means various projectiles, including bullets, mi ssiles, slugs or balls together with fuses, propelling charges and primers that may be fired, ejected, proj ected, released, or emitted from firearms or weapons. “Antique cannon” means any weapon which satisfies the defin ition of an antique firearm and which is also capable of firing a projectile of a caliber greater than .60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes. “Antique firearm” means any firearm which is incapable of being fired or discharged, or which does not fire fixed ammunition regardless of date of manufacture, or was ma nufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value. “Assault firearms” means: 1. The following firearms: Algimec AGM1 type Any shotgun with a revolving cylinder such as the “Street Sweeper” or “Striker 12” Armalite AR-180 type Australian Automatic Arms SAR Avtomat Kalashnikov type semi-automatic firearms Beretta AR-70 and BM59 semi-automatic firearms Bushmaster Assault Rifle Calico M-900 Assault carbine and M-900 CETME G3 Chartered Industries of Singapore SR-88 type Colt AR-15 and CAR-15 series Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types Demro TAC-1 carbine type
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Encom MP-9 and MP-45 carbine types FAMAS MAS223 types FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms Franchi SPAS 12 and LAW 12 shotguns G3SA type Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1 Intratec TEC 9 and 22 semi-automatic firearms M1 carbine type M14S type MAC 10, MAC 11, MAC 11-9 mm carbine type firearms PJK M-68 carbine type Plainfield Machine Company Carbine Ruger K-Mini-14/5 and Mini-14/5 SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types SKS with detachable magazine type Spectre Auto carbine type Springfield Armory BM59 and SAR-48 type Sterling MK-6, MK-7 and SAR types Steyr A.U.G. semi-automatic firearms USAS 12 semi-automatic type shotgun Uzi type semi-automatic firearms Valmet M62, M71S, M76, or M78 type semi-automatic firearms Weaver Arm Nighthawk 2. Any firearm manufactured under any designation which is substantially identical to any of the firearms listed in paragraph (1) above; 3. A semi-automatic shotgun with either a magazine cap acity exceeding six rounds, a folding stock or a pistol grip; or a semi-automatic rifle with a fixed magazine capac ity exceeding 15 rounds. For pur poses of this paragraph,
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“semi-automatic” means a firearm which fires a single projec tile for each pull of the trigger and is self-reloading or automatically chambers a round, cartridge or bullet. For pur poses of this paragraph “pistol grip” means a well defined handle, similar to that found on a handgun, that protrudes c onspicuously beneath the action of the weapon, and whichpermits the shotgun to be held and fired with one hand; 4. A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assemb led if those parts are in the possession or under the control of the same person. “Body armor penetrating bullets” means any bullet designed fo r use in handguns and whose core or jacket, if the jacket is thicker than .025 of an inch, is of tungsten carbide or ha rd bronze or is made of other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale and is capable of breaching or penetrating body armor. “Chief of police” or “chief police officer” means the highest ranking member of a municipal police department. “Firearm or firearms” means any handgun, rifle, shotgun, m achine gun, assault firearm, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explos ive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, comp ressed or other gas, or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. “Gunsmith” means a person who is in the business of repairing or servicing firearms. “Handgun” means any pistol, revolver, or other firearm orig inally designed or manufactured to be fired by the use of a single hand. “Large capacity ammunition magazine” means a box, drum, t ube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously a nd directly therefrom into a semi-automatic firearm. “Machine gun” means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and ca rrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom. “Manufacturer” means any person who receives or obtains raw materials or parts and processes them into firearms or finished parts of firearms, except a person who exclusively pr ocesses grips, stocks, and other nonmetal parts of firearms. The term does not include a person who repairs existing firear ms or receives new and raw materials or parts solely for the repair of existing firearms. “NICS” means the National Instant Criminal Background Check System accessed by telephone or facsimile transmission through the Division of State Police, which retailers must c ontact for information on whether a person is prohibited from receiving or possessing a firearm under State or Federal law. “Person” means any individual, corpora tion, partnership, firm or association of any kind or nature whatsoever; any public entity of any kind or nature; the plural as well as the singular and any gender. “Retail dealer” means any person, including a gunsmith, except a manufacturer or a wholesale dealer, who sells, transfers, or assigns for a fee or profit any firearm or parts of firearms or amm unition which he has purchased or obtained with the intention, or for the purpose of reselling or r eassigning to persons who are reasonably understood to be the ultimate consumers, and includes any person who is engaged in the business of repairing firearms or who sells any firearm to satisfy a debt secured by the pledge of a firearm.
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“Rifle” means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile thr ough a rifled bore for each single pull of the trigger. “Sawed-off shotgun” means any shotgun having a barrel or barre ls of less than 18 inches in length measured from the breach to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breach to the muzzle, or any firearm made from a rifle or a shotgun, whet her by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches. “Shotgun” means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition. “Superintendent” means the Superinte ndent of the New Jersey State Police. “Weapon” means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all: 1. Firearms, even though not loaded or lacking a clip or other component to render them immediately operable; 2. Components which can be readily assembled into a weapon; 3. Gravity knives, switch-blades, knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cestus or si milar leather bands studded with metal filings or razor blades imbedded in wood; and 4. Stun guns and any ot her weapon or other device which projects, releas es or emits tear gas or any other substance intended to produce temporary physical discomfort or perman ent injury through being vaporized or otherwise dispensed in the air. “Wholesale dealer” means any person, except a manufacturer, who sells, transfer s, or assigns firearms, or parts of firearms, to persons who are reasonably understood not to be the ultimate consumers, and includes persons who receive finished parts of firearms and assemble them into comple ted or partially completed firearms, in furtherance of such purpose, except that it shall not include those persons deali ng exclusively in grips, stocks and other nonmetal parts of firearms. 13:54-1.3 Firearm identification card or permit to purchase required (a) No person, other than a licensed or registered retail or wholesale dealer, shall recei ve, purchase or otherwise acquire a rifle, shotgun or antique cannon, other than an antique rifl e or shotgun, unless that person possesses and exhibits a valid firearms purchaser identification card. No person shall sell, give, transfer, assign or otherw ise dispose of a rifle, shotgun or antique cannon to a person other than a licensed or regist ered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid firearms purchaser identificati on card. No person shall sell or acquire a sawed-off shotgun. (b) No person, other than a licensed or registered retail or wholesale dealer shall receive, purchase or otherwise acquire a handgun unless that person possesses and exhibits a permit to purchase a handgun. No person shall sell, give, transfer or assign or otherwise dispose of a handgun to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid permit to purchase. (c) The provisions of (a) and (b) above shall not apply to the Armed Forces of the United States, the National Guard or to a law enforcement agency; provided that such transactions are authorized in writing by the appropriate governmental entity as provided by this chapter.
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13:54-1.4 Applications for a firearms purchaser identification card and for a permit to purchase a handgun (a) Every person applying for a firearms purchaser identification card or for a permit to purchase a handgun shall furnish such information and particulars as are set forth in the application form designated STS-33, in the case of an identification card, or STS 33A, in the case of a permit to purchase. Forms can be obtained from municipal police departments, State Police stations and licensed retail firearms dealers. (b) The applicant shall waive any statutory or other right of confidentiality relating to institutional confinement. (c) The applicant shall provide the names and addresses of two reputable citizens personally acquainted with him as references. (d) The application shall be signed by the applicant and th e completed application, together with two sets of the applicant’s fingerprints and fees as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. (P.L. 1985, c. 69), a consent for mental health records search form designated STS-1 and a nonrefundable application fee of $5.00 for a firearms identification card and $2.00 for a perm it to purchase a handgun, shall be submitted to the chief of police of an organized full time police department in the municipality in which the applicant resides. If the municipality does not have an organized full time police department, appli cation shall be made to the State Police station servicing the municipality in which the applicant resides, or to any State Police station in the case of a non-resident. (e) The chief of police of an organized full time police depa rtment of the municipality where the applicant resides, or the Superintendent, when the applicant is a non-resident of this State or when the municipality does not have a full time department, shall accept and investigate applications for fir earms purchaser identification cards and permits to purchase handguns. (f) The fingerprints of any applicant shall be compared with any fingerprints maintained by the State Bureau of Identification and the Federal Bureau of Identification fo r the purpose of ascertaining the existence of any criminal record. The fingerprints shall be obtained and submitted for such comparison by the chief of police or the State Police, as the case may be. (g) An applicant for a handgun purchase permit who possesses a valid firearms purchaser identification card, or who has previously obtained a handgun purchase permit from the same licensing authority for which he or she was previously fingerprinted, and who provides other reasonable satisfactory pr oof of his or her identity, in the discretion of the chief of police or Superintendent, need not be fingerprinted again. In such case, the chief of police or superintendent shall otherwise fully investigate the application in accordance with this subchapter. (h) Applicants for a permit to purchase a handgun may apply for more than one permit per application. The number of permits requested, and each permit number shall be entered in the spaces provided on the application. (i) The chief of police or the Superintendent, as the case may be, shall either approve or disapprove the applications. Permits and cards shall be issued by the chief of police or the Superintendent to persons who are found to be qualified and who are not subject to any of the disabilities set forth by this subchapter. 13:54-1.5 Prerequisites for a permit to purchase handgun or a firearms purchaser identification card (a) Every person issued a permit to purchase a handgun, or a firearms purchaser identification card, shall be 18 years of age and of good repute in the community in which he lives. (b) A permit to purchase a handgun, or a firearm purchaser identification card, shall not be issued to any person: 1. Who has been convicted of any crime;
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13:54-1.9 Number of firearms that may be purchased (a) Only one handgun may be purchased or delivered on each permit to purchase. (b) There shall be no restriction on the number of rifl es, shotguns and antique cannons that may be purchased or acquired, provided the receiver possesses a valid firearms pur chaser identification card and otherwise complies with all of the provisions of this subchapter.13:54-1.10 Revocation of a firearms purchaser identification card (a) A firearms purchaser identification card may be revoked by a judge of the Superior Court of the county wherein the card was issued, after a hearing, and upon a finding that th e holder no longer qualifies for the issuance of such a card. (b) The county prosecutor, any law enforcement officer or any citizen may request a hearing for revocation by applying to the Superior Court of the county in which the card was issued. (c) Any person having knowledge that a person is subject to a ny of the disabilities set forth in this subchapter to obtain or possess a permit to purchase a handgun or a firearms purchas er identification card may notify the chief of police, the Superintendent or any other law enforcement officer w ho may take such action as may be deemed appropriate. 13:54-1.11 Duplicate firearms purchaser identification card (a) Persons shall apply for a duplicate firearms purchaser identification card to replace a lost, stolen or mutilated card, or in the case of a change of residence by the holder, with in 30 days of such loss, theft, mutilation, or change of residence. (b) The applicant shall complete an application for a dupli cate firearms purchaser identification card designated as form STS-3 and a consent for mental health records search designa ted as form STS-1 and present same to the chief of police in the municipality where the applicant resides or to the Superintendent in all other cases. (c) It shall be the responsibility of the chief of police of the municipality wherein the applicant currently resides or the Superintendent in all other cases, to conduct a criminal histor y records check and to determine if the applicant is subject to any of the disabilities as provided by law and this subcha pter and to issue the duplicate card, should the applicant qualify. The applicant shall pay the appropriate fee for a Criminal History Record Check as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. (P.L. 1985, c.69).13:54-1.12 Appeal (a) Any person denied a firearms purchaser identificati on card or a permit to purchase a handgun may request a hearing in the Superior Court of the county in which he or she reside s or in the Superior Court of the county in which his or her application for a firearms purchaser identificati on card was denied if he or she is a nonresident. (b) Any person denied a firearm purchaser identificati on card or a permit to purchase a handgun shall be notified in writing by the issuing authority of the reasons for the denial. (c) The request for a hearing shall be made in writing within 30 days of the denial, and such request shall also be served upon the chief of police or the Superintendent.
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13:54-1.13 Firearms passing to heirs or legatees (a) Notwithstanding the provisions of this subchapter c oncerning the acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm, upon the death of its owner. A person so acquiring ownership ma y retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-1.5 and 1.6. (b) If an heir or legatee is not qualified to acquire a fir earm, he or she may retain ownership of the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent. During such period the firearm must be placed in th e custody of the chief of police or Superintendent. (c) In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5.13:54-1.14 Limitation on fees No fees, other than those established by this chapter or law, shall be assessed or charged to any person by any governmental entity of this State for the processing of appli cations, or for the proper investigation of applicants for licenses, permits, cards and registrations in accordance with the provisions of this chapter.13:54-1.15 Confidentiality of background investigations , permits, firearms identi fication cards, licenses, certifications, certificates, forms of register, registration statements and applications Any background investigation conducted by the chief of poli ce, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant. A ny application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have acce ss to such documentation, including the applicant, except on the request of persons acting in their governmental cap acities for purposes of the administration of justice. SUBCHAPTER 2. HANDGUNS13:54-2.1 Permit to carry a handgun This subchapter prescribes requireme nts and procedures for the issuance, re newal and revocation of permits to carry handguns.13:54-2.2 Permit required No person, except as provided in N. J.S.A. 2C:39-6, shall carry, hold or po ssess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter. 13:54-2.3 Criteria for the issuance of a permit to carry a handgun (a) No application for a permit to carry a handgun sh all be approved by a police chief of a municipality, the Superintendent or the Superior Court, unless the applicant:
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1. Is a person of good character who is not subject to any of the disabilities which would prevent him or her from obtaining a permit to purchase a handgun or a firearms purch aser identification card as provided in this chapter; 2. Has demonstrated that at the time of the applicati on for the permit he or she is thoroughly familiar with the safe handling and use of handguns; and 3. Has demonstrated a justifiable need to carry a handgun. 13:54-2.4 Application for a permit to carry a handgun (a) Every person applying for a permit to carry a handgun sha ll furnish such information and particulars as set forth in the application form designated SP 642. The application shall be signed by the applicant under oath and shall be endorsed by three reputable persons who have known the a pplicant for at least three years preceding the date of application, and who shall also certify thereon that the applicant is a person of good moral character and behavior. Applications can be obtained at police departments and State Police stations. (b) Each applicant shall demonstrate a thorough familiarity with the safe handling and use of handguns by indicatingin the space provided therefor on the application form, and on any sworn attachments thereto, any relevant information. Thorough familiarity with the safe handling and use of handguns may be evidenced by: 1. Completion of a firearms training course substantially equivalent to the firearms training approved by the Police Training Commission as described by N.J.S.A. 2C:39-6j; 2. Submission of an applicant’s most recent handgun qualif ication scores utilizing the handgun(s) he or she intends to carry as evidenced by test firings administered by a certified firearms instructor of a po lice academy, a certified firearms instructor of the National Rifle Association, or any other recognized certified firearms instructor; 3. Completion of a course or test in the safe handli ng of a handgun administered by a cer tified firearms instructor of a police academy, a certified firearms instructor of the Na tional Rifle Association, or any other recognized certified firearms instructor; or 4. Passage of any test in this State’s laws governing the use of force administered by a certified instructor of a police academy, a certified instructor of the National Rifle Asso ciation, or any other recognized certified instructor. (c) Where available, the information in (b) above shall be accompanied and validated by certifications of the appropriate instructor(s). In the absence of, or in addition to (b)1 through 4 above, the applicant shall provide any other available and accurate information which may evidence his or her profic iency in the safe handling and use of firearms, including most recent handgun qualification scores and whether he or she utilized the handgun(s) he or she intends to carry, courses attended in the safe handling and use of firearms, and ex tent of knowledge, however gained, of this State’s laws pertaining to the use of force in the defense of person and property. (d) Each application form shall also be accompanied by a written certification of need which shall be under oath and which: 1. In the case of a private citizen shall specify in detail the urgent necessity for self-protection, as evidenced by specifi cthreats or previous attacks which dem onstrate a special danger to the applicant’s life that cannot be avoided by means other than by issuance of a permit to carry a handgun. Wher e possible the applicant shall corroborate the existence ofany specific threats or previous attacks by reference to repor ts of such incidents to the appropriate law enforcement agencies; or 2. In the case of employees of private detective agencies , armored car companies and private security companies, that:
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i. In the course of performing statutorily authorized dutie s, the applicant is subject to a substantial threat of serious bodily harm; and ii. That carrying a handgun by the applicant is necessary to reduce the threat of unjustifiable serious bodily harm to any person. (e) The completed application together with two sets of th e applicant’s fingerprints and fees as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. (P.L. 1985, c.69), four photographs (1 1/2 x 1 1/2 square), a consent for mental health records search form designated STS-1, and a permit fee of $20.00 payable to the County Clerk where the permit is to be issued shall be submitted to the chief of police of the municipality in which the applicant resides, or the Superintendent: 1. If there is no full time police department in the municipality where the applicant resides; or 2. If the applicant is a non-resident of this State or if the applicant is an employee of an armored car company. 13:54-2.5 Approval of application The chief of police or the Superintendent, as the case ma y be, shall cause the applicant to be thoroughly investigated. The investigation shall include, but not be limited to, ascerta ining that the applicant satisfies all of the requirements contained in this chapter for obtaining a permit to purchas e a handgun or a firearms purchaser identification card, that the applicant has or has not demonstrated a thorough familiar ity with the safe handling and use of handguns as evidenced by the application and accompanying materials, and that the app licant has or has not factually demonstrated a justifiable need to carry a handgun. The chief of police or the Superi ntendent shall approve or disapprove the application after completion of the investigation. If the application is approve d, it shall be forwarded to the county clerk for presentation to a judge of the Superior Court of the county where the a pplicant resides, or if a nonresident or an employee of an armored car company, to a county where he or she intends to carry the handgun. 13:54-2.6 Application of employees of armored car companies Any application to carry a handgun by an employee of an armored car company shall be accompanied by a letter from the chief executive officer of the armored car company ve rifying employment of the applicant, endorsing approval of the application and agreeing to notify the Superintendent within five days of the termination of an employee to whom any permit is issued, and agreeing to obtain from that empl oyee the permit, which shall be immediately surrendered to the Superintendent.13:54-2.7 Issuance of a permit to carry a handgun (a) Upon being satisfied of the sufficiency of the appli cation and the fulfillment of the provisions of Chapter 58, Laws of 1979, the judge shall issue a permit. (b) The court may, at its discretion, issue a limited type permit which would restrict the applicant as to the types of handguns he or she may carry and where and for what purposes such handguns may be carried. (c) The Superintendent shall be provided with copies of a ll permits to carry handguns issued or re-issued by the Superior Court.
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