Private Gun Sales & Transfers in New Jersey
How can a person lawfully purchase a firearm in New Jersey?
Pursuant to N.J.S. 2C:58-3, in order to purchase a handgun in New Jersey, the buyer needs a valid New Jersey Permit to Purchase a Handgun or be a licensed retail firearms dealer. In order to purchase a shotgun, rife or antique cannon in New Jersey a buyer must have a New Jersey Firearms Purchaser Identification Card (NJFPIC) or be a licensed New Jersey retail firearms dealer.
For handguns, the buyer’s New Jersey Permit to Purchase a Handgun, has to be completed by the seller and sent to the designated agencies as listed on the permit. In the case of a rifle, shotgun or antique cannon, the buyer has to sign a Certificate of Eligibility form and show his or her New Jersey Firearms Purchaser Identification Card to the seller.
Are private sales of handguns allowed under New Jersey law?
No. Under Governor Murphy’s gun transfer legislation, a person who is not a licensed retail dealer must go through a licensed retail dealer to sell, transfer, receive or purchases, a handgun.
Prior to one of these transactions, the retail dealer is required to complete a National Instant Criminal Background Check (NICS) of the person acquiring the handgun. Also:
(a) the retail dealer must submit to the Superintendent of New Jersey State Police, on a form - information identifying and confirming the background check;
(b) every retail dealer shall maintain a record of transactions conducted pursuant to this subsection, which shall be maintained at the address displayed on the retail dealer’s license for inspection by a law enforcement officer during reasonable hours;
(c) a retail dealer may charge a fee, and
(d) any record produced pursuant to this subsection shall not be considered a public record.
Are there any loop-holes or exceptions that allow for the private sales of handguns under New Jersey law?
Yes. However a valid New Jersey Permit to Purchase a Handgun is still required, but the transaction does not have to go through a licensed dealer. Theses are the circumstances:
(a) between members of an immediate family which includes a spouse, domestic partner, partner in a civil union couple, parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, and grandchild, as related by blood or by law.
(b) between law enforcement officers;
(c) between collectors of firearms or ammunition as curios or relics as defined in Title 18, U.S.C. section 921 (a) (13) who have in their possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Can I purchase more than one handgun at a time?
No. In 2009, the New Jersey enacted the "one gun a month" limit. No more than one handgun can be purchased within any 30-day period. (N.J.S. 2C:58-3i.) This limitation does not apply to federal, state or local law enforcement officers or agencies purchasing handguns for use by officers in the actual performance of their duties, or a collector of handguns as curios or relics, who has in his possession a valid Collector of Curios and Relics license issued by the BATFE. This section also does not apply to transfer of handguns between licensed dealers. There is no limit on how many rifles or shotguns may be purchased in any given time period. In addition, dealers cannot knowingly deliver more than one handgun to any person within any 30-day period.
Do these restrictions apply to private sales of rifles, shotguns or antique cannons?
Yes. A person who is not a licensed retail dealer and sells or transfers, or receives or purchases, a rifle, shotgun or antique cannon must do so only through a licensed retail dealer. In advance of any such transfer, the retail dealer must complete a National Instant Criminal Background Check (NICS) of the person acquiring the firearm. In addition:
(a) the retail dealer must submit to the Superintendant of State Police, on a form approved by the superintendant, information identifying and confirming the background check;
(b) every retail dealer shall maintain a record of transactions conducted pursuant to this subsection, which shall be maintained at the address displayed on the retail dealer’s license for inspection by a law enforcement officer during reasonable hours;
(c) a retail dealer may charge a fee, and
(d) any record produced pursuant to this subsection shall not be considered a public record.
Is a NICS check required for an exempted private (non-dealer) sale of firearms?
No. A NICS check is required only for firearms transferred by licensed dealers. NICS does not apply to private sales of firearms.
If an individual fails to follow these regulations will they be subject to prosecution?
Yes. Under N.J.S. 2C:39-16, a person who occupies a position of authority over another person who unlawfully sells, ships, disposes, manufactures or transports firearms may be prosecuted as a “leader of a firearms trafficking network,” which is a crime of the first degree.
Conviction of this crime could lead to life in prison and a fine not to exceed $500,000 or five times the value of the firearms involved (whichever is greater). It is not a defense to this section that no profit was made nor that the firearms were brought into or transported in this State solely for ultimate distribution in another jurisdiction.