New Jersey State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

New Jersey Revised Statutes §§ 2C:39-1w and 2C:39-5f prohibit the knowing possession of "assault firearms" (unless the purchaser or possessor is licensed to possess the assault firearm or the weapon is registered or rendered inoperable), defined to include:

• More than 50 specified firearms or their copies (§ 2C:39-1w(1), (2));

• A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock (§ 2C:39-1w(3));

• A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds (§ 2C:39-1w(4)); and

• 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 assembled if those parts are in the possession or under the control of the same person (§ 2C:39-1w(5)).

Any person seeking to purchase or possess an assault firearm in New Jersey may apply for a license to do so by filing a written application with the county superior court, setting forth in detail the reasons for desiring such a license. Section 2C:58-5a. "No license shall be issued to any person who would not qualify for a permit to carry a handgun...and no license shall be issued unless the court finds that the public safety and welfare so require." Section 2C:58-5b. See the New Jersey Carrying Firearms section.

Licenses expire two years from the date of issue. Section 2C:58-5g.

Any person who lawfully purchased an assault firearm on or before May 1, 1990 was permitted to register that weapon within one year, if the Attorney General determined it was of a type used for legitimate target-shooting purposes. Section 2C:58-12b. The owner was also required to pay a $50 fee per weapon, produce for inspection a valid Firearms Purchaser Identification Card ("FPIC"), a valid permit to carry handguns, or a copy of the permit to purchase a handgun which was used to purchase the assault firearm being registered, and submit valid proof of membership in a rifle or pistol club. Id. Upon the death of a registered owner, the assault firearm must either be transferred to someone lawfully entitled to own or possess it, rendered inoperable, or voluntarily surrendered to law enforcement. Sections 2C:58-12f, 2C:58-13.

Under section 2C:58-12g, if a registered assault firearm is used in the commission of a crime, the registrant of that assault firearm will be civilly liable for any damages resulting from that crime.  This liability shall not apply if the assault firearm used in the commission of the crime was stolen and the registrant reported the theft to law enforcement within 24 hours of the registrant’s knowledge of the theft.  Id.

Finally, any person who offers to sell a machine gun, semi-automatic rifle, or "assault firearm" by means of an advertisement published in a newspaper circulating within New Jersey, where the advertisement does not specify that the purchaser is required to possess a valid New Jersey license to purchase and possess a machine gun or assault firearm, or a valid FPIC to purchase and possess an automatic or semi-automatic rifle, is criminally liable for a misdemeanor. Section 2C:39-15.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a "state point of contact" and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In New Jersey, the New Jersey State Police ("NJSP") and local law enforcement serve as state points of contact for implementation of the Brady Act.  N.J. Rev. Stat. § 2C:58-3, Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). All firearm purchasers must have either a permit to purchase a handgun, allowing the purchase of one handgun per permit, or a Firearms Purchaser Identification Card ("FPIC"), which allows unlimited rifle and shotgun purchases. Id. Applications to obtain a permit or FPIC must be processed through NJSP or local law enforcement, which in turn use NICS and other state and local records to verify that prospective purchasers are not prohibited from possessing a firearm. Id.

In addition to the federal purchaser prohibitions referenced above, New Jersey has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.  No permit to purchase a handgun or FPIC shall be issued to any person who:

• Has been "convicted of any crime" (under New Jersey law, a crime is an offense "for which a sentence of imprisonment in excess of 6 months is authorized" per § 2C:1-4);

• Has been convicted of a "disorderly persons offense" involving an act of domestic violence (as defined under § 2C: 25-19), whether or not the person was armed with or possessing a weapon at the time of offense;

• Is "drug dependent" (see section 24:21-2);

• Is a "habitual drunkard" or alcoholic;

• Is confined for a mental disorder to a hospital, mental institution or sanitarium;

• Has ever been confined for a mental disorder, unless the person can provide "satisfactory proof" that he or she is no longer suffering from that particular disability (see N.J. Admin. Code § 13:54-1.6);

• Suffers from a physical defect or disease which would make it unsafe for him or her to handle firearms;

• Refuses to waive statutory or other rights of confidentiality relating to institutional confinement;

• Knowingly falsifies any information on the application form for a handgun purchase permit or FPIC;

• Is under 18 years of age for a FPIC;

• Is under 21 years of age for a permit to purchase a handgun;

• Is subject to a restraining order prohibiting the person from possessing a firearm (see N.J. Rev. Stat. § 2C:25-29); or

• As a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in section 2C:43-7.2d.

Section 2C:58-3c, N.J. Admin. Code § 13:54-1.5.

No permit to purchase or FPIC shall be issued where the issuance would not be in the interest of the public health, safety or welfare. N.J. Rev. Stat. § 2C:58-3c(5). In addition, an applicant must be of "good character and good repute in the community" in which he or she lives. Id.

For all firearm transfers in New Jersey, the purchaser must possess either a permit to purchase a handgun, or a FPIC to purchase long-guns, subjecting that person to state and federal background checks. Section 2C:58-3a, 3b. See the New Jersey Private/Secondary Sales section.

A FPIC is valid so long as the holder is permitted to possess a firearm. See section 2C:58-3c, f. A permit to purchase is valid for 90 days, and may be renewed for an additional 90 day period. Section 2C:58-3f.

No relevant statutes currently exist.

     Possession Restrictions

New Jersey prohibits any person from knowingly possessing a handgun, including any antique handgun, without a permit to carry a handgun per New Jersey Revised Statutes § 2C:58-4. Section 2C:39-5b. For long guns, a person must have a Firearms Purchaser Identification Card ("FPIC") pursuant to Section 2C:58-3 in order to knowingly possess a rifle or shotgun. Section 2C:39-5c(1). Generally, New Jersey prohibits any person from knowingly possessing a loaded rifle or shotgun. Section 2C:39-5c(2). New Jersey exempts the temporary possession of a firearm by a person receiving, possessing, carrying or using that firearm, per sections 2C:58-3.1 (for limited use on shooting ranges or for hunting) and 2C:58-3.2 (for firearm training purposes). Section 2C:39-5g.

Notwithstanding the prohibitions on possessing firearms without a permit to carry a handgun or an FPIC under section 2C:39-5, section 2C:39-6e allows any person to keep or carry a firearm in his or her place of business, residence, or other land owned or possessed by the person. Carrying a firearm to or from these locations or to or from a place of purchase or repair and these locations is also permitted. Id.

Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.

     Transportation of Firearms

Section 2C:39-6g provides that all firearms being transported under sections 2C:39-6e (between place of purchase or repair and/or a dwelling and/or a place of business), 2C:39-6f(1) (by members of rifle or pistol clubs, in certain circumstances), or 2C:39-6f(3) (to or from: 1) hunting and fishing activities with a valid hunting license; 2) target shooting on a range; or 3) any exhibition or display of firearms) shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported.

Section 23:4-24.1a prohibits any person from transporting, possessing or having a firearm in his or her control in a motor vehicle, unless the firearm is unloaded and contained in a closed and securely fastened case, or locked in the trunk. Section 23:4-24.1 prohibits any person from possessing in a motor vehicle any shotgun or rifle loaded with missiles of any kind, for the purpose of hunting or attempting to hunt any bird or animal.

     Concealed Weapons Licensing Requirements

New Jersey is a "may issue" state, meaning that the chief police officer or superintendent of state police has discretion in determining whether or not to issue a concealed weapons permit to an applicant.

Section 2C:58-4 requires persons seeking to carry a handgun to apply for a permit through the New Jersey State Police ("NJSP") or local law enforcement (in the city or county where the applicant resides).  Among other requirements, the application must be endorsed by "three reputable persons" who have known the applicant for at least three years and who certify that the applicant is "of good moral character and behavior."  Section 2C:58-4b.  Section 2C:58-4c states that no application shall be approved unless the applicant demonstrates that he or she:

• Is not subject to any of the disabilities set forth under section 2C:58-3c (see the New Jersey Background Checks section);

• Is thoroughly familiar with the safe handling and use of handguns; and

• Has a justifiable need to carry a handgun.

New Jersey Administrative Code § 13:54-2.4 details these application requirements, including options by which an applicant can demonstrate "thorough familiarity" with the safe handling and use of handguns, and how the applicant can specify his or her justifiable need to carry a handgun.

Applicants must submit fingerprints to facilitate the background check.  N.J. Rev. Stat. § 2C:58-4c.

Following approval by the NJSP or local law enforcement, the applicant must present his or her application to the superior court in the county where the applicant resides. Section 2C:58-4d. The superior court must be equally satisfied the applicant meets the requirements to carry a handgun before it will issue a permit. Id. The fee for a permit is $20. Id.

                    Disclosure or Use of Information

New Jersey does not allow personal application or permit information of concealed weapons permit holders to be made public. Under New Jersey Administrative Code § 13:54-1.15, any background investigation of any applicant for a permit to carry a handgun is not a public record and shall not be disclosed to any person not authorized to have access to such information. Any application materials, document reflecting the issuance or denial of a permit, and any permit 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 to have access to the documentation, except for persons acting in their governmental capacities for purposes of the administration of justice. Id.

For information limiting access to and use of criminal history record information that is utilized for purposes other than criminal justice, see section 13:59-1.6.

                    Duration & Renewal

New Jersey permits to carry handguns expire two years from the date of issuance. N.J. Rev. Stat. § 2C:58-4a. Permits may be renewed for two year periods in the same manner, and subject to the same conditions, as original applications. Id.

                    Location Limits

Any person who knowingly has in his or her possession any firearm while in or on any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is criminally liable for a crime in the third degree, irrespective of whether he or she possesses a valid permit to carry the firearm or a valid FPIC.  Section 2C:39-5e.

Permit holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.

                    Reciprocity

Under section 2C:58-4, non-residents of New Jersey who wish to carry a handgun in the state must obtain a permit to carry a handgun from NJSP under the same process as New Jersey residents.

                    Brady Exemption

Concealed weapons permit holders in New Jersey are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

New Jersey Revised Statutes § 2C:58-15a states that "[a] person who knows or reasonably should know that a minor [under 16 years of age] is likely to gain access to a loaded firearm at a premises under the person’s control" is criminally liable for a misdemeanor if a minor gains access to a firearm, unless the person:

• Stores the firearm in a securely locked box or container;

• Stores the firearm in a location which a reasonable person would believe to be secure; or

• Secures the firearm with a trigger lock.

This section does not apply to activities concerning the lawful use of a firearm by a minor (see the New Jersey Minimum Age to Purchase/Possess section), or where a minor obtained a firearm as a result of an unlawful entry by any person.  Section 2C:58-15b.

Section 2C:58-16 requires firearm dealers to give all firearm transferees the following written warning, printed in block letters not less than one-fourth of an inch in height:  "IT IS A CRIMINAL OFFENSE, PUNISHABLE BY A FINE AND IMPRISONMENT, FOR AN ADULT TO LEAVE A LOADED FIREARM WITHIN EASY ACCESS OF A MINOR."  The section also requires dealers to post a truncated version of this warning "conspicuously…at each purchase counter…printed in block letters not less than one inch in height."  Id.

New Jersey imposes harsh penalties, including a mandatory minimum prison term of three years without parole, on anyone who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person under age 18.  Section 2C:39-10e.

For other measures related to child access prevention, see the New Jersey Locking Devices section.

In order to engage in the retail sale of firearms, all firearms dealers and their employees must possess a valid retail license. N.J. Rev. Stat. § 2C:58-2a, N.J. Admin. Code § 13:54-3.2. Section 13:54-3.2 also provides that any person selling firearm ammunition must possess a valid retail license.

Applicants for a license must submit applications to the Superintendent of the New Jersey State Police ("NJSP"), through the NJSP’s Firearms Investigation Unit, which agency conducts an investigation to determine whether the applicant or employee meets state requirements to obtain a license. N.J. Rev. Stat. § 2C:58-2a, N.J. Admin. Code §§ 13:54-3.3, 13:54-3.4, and 13:54-3.7. Once the investigation is completed, the application is forwarded to a superior court judge in the county where the applicant maintains his or her place of business for a decision on the application. N.J. Rev. Stat. § 2C:58-2a.

The judge shall grant a license if he or she finds that the applicant or employee meets the standards and qualifications established by the Superintendent (per section 2C:58-2 and N.J. Admin. Code §§ 13:54-3.3, 13:54-3.4, and 13:54-3.7), and that the applicant can engage in the business of the retail sale of firearms or be an employee of a retail dealer without any danger to the public safety, health and welfare. Id.

Under N.J. Rev. Stat. § 2C:58-2a, no license shall be granted to any retail dealer under age 21, to any employee of a retail dealer under age 18, or to any person who could not qualify to obtain a permit to purchase a handgun or a Firearms Purchaser Identification Card ("FPIC") (including any corporation, partnership or other business organization in which the controlling interest is held by an ineligible person). See the New Jersey Background Checks section.

Once issued, each retail dealer license shall be valid for three years. Section 2C:58-2a.

Section 2C:58-2a also subjects all licenses to the following conditions:

• The business shall be carried on only in the building or buildings designated in the license;

• The license or a certified copy shall be displayed at all times in a "conspicuous place" on the business premises where it can be easily read;

• No firearm or imitation firearm shall be placed anywhere where it can be readily seen from the outside;

• No rifle or shotgun shall be delivered to any person unless the person presents a valid FPIC, along with a signed certification including the purchaser’s name, permanent address, and FPIC number (the certification shall be retained by the dealer and made available for inspection at any reasonable time); and

• No handgun shall be delivered to any person unless:

• Such person presents a valid permit to purchase a handgun, and at least seven days have elapsed since the date of application for the permit;

• The person is personally known to the seller or presents evidence of identity;

• The handgun is unloaded and securely wrapped;

• Except in the case of personalized handguns, the handgun is accompanied by a trigger lock or a locked case, gun box, container or other secure facility; and

• Six months following the date on which the list of personalized handguns is established per section 2C:58-2.4, the handgun is identified as a personalized handgun and included on that list (for further information about personalized handguns, see the New Jersey Personalized/Smart Guns section).

The dealer shall keep a register of every handgun transferred, and shall note whether a locking device was delivered with the handgun. Section 2C:58-2a(6). The register shall include the date and time of the transfer; the name, age, date of birth, complexion, occupation, residence and physical description of the purchaser; the name and permanent home address of the person making the transfer; the place of the transaction; and the make, model, manufacturer’s number and caliber of the handgun. Section 2C:58-2b. Copies of the register shall be delivered to local law enforcement (or the county clerk) and the NJSP within five days. Section 2C:58-2e.

Retail dealers are required to install a system "for the prevention and detection of the theft of firearms or ammunition from" his or her business premises. N.J. Admin. Code § 13:54-3.11. The dealer must submit his or her planned security system to the NJSP for approval. Sections 13:54-6.2 – 13:54-6.4. In addition, dealers must implement internal security and safe storage measures for all firearms and ammunition within the business premises. See section 13:54-6.5.

For additional laws governing gun sales generally, including provisions relevant to pawnbrokers, see the New Jersey Private/Secondary Sales section.

Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the New Jersey Background Checks section.

Number of Federally Licensed Firearms Dealers

There are 298 federally licensed firearms dealers and pawnbrokers in New Jersey. Federal firearms licensee totals for New Jersey as of April 9, 2007 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

While New Jersey does not explicitly prohibit gun shows, state law significantly restricts the sale of firearms at gun shows. No retail dealer is permitted to conduct a retail business in a temporary facility. N.J. Admin. Code § 13:54-3.4(e). Temporary means "not having indicia of permanency," and a "temporary facility" includes, but is not limited to, garage sales, flea markets, gun shows and exhibits. Id.

Similarly, no wholesale dealer or manufacturer shall conduct business in a temporary facility. Section 13:54-4.4(f). Temporary facility again includes, but is not limited to, places for garage sales, flea markets, gun shows and exhibits. Id.

Gun sales between collectors and unlicensed persons at gun shows are still permitted, but all firearm purchasers must have either a valid permit to purchase a handgun or a valid Firearms Purchaser Identification Card, as appropriate, when purchasing a firearm at a gun show. A background check is completed on the holder of a permit to purchase or an identification card at the time of issuance. See the New Jersey Background Checks section for further information.

New Jersey Revised Statutes § 2C:39-9f, which generally prohibits any person from manufacturing, transporting, shipping, selling or disposing of any handgun bullet comprised of specific materials, allows licensed collectors of ammunition to transport such ammunition to or from the collector’s dwelling, premises or other land owned or possessed by him or her to any gun show for the purposes of display, sale, trade, or transfer between collectors.

No relevant statutes currently exist.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

New Jersey does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), New Jersey’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearm safety standards, pursuant to the New Jersey Consumer Fraud Act. See N.J. Rev. Stat. §§ 56:8-2, 56:8-4. For details, view the Center’s report, Targeting Safety.

New Jersey prohibits the manufacture, transport, shipment, sale, or disposal of any large capacity ammunition magazine, unless the magazine is intended to be used for authorized military or law enforcement purposes. N.J. Rev. Stat § 2C:39-9h. New Jersey law defines "large capacity ammunition magazine" as a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly into a semi-automatic firearm. Section 2C:39-1y.

All prospective firearm purchasers must obtain either a permit to purchase a handgun (one permit per handgun purchase), or a Firearms Purchaser Identification Card ("FPIC") (one card allows unlimited rifle and shotgun purchases), from local law enforcement or the New Jersey State Police ("NJSP") prior to buying a firearm. N.J. Rev. Stat. § 2C:58-3a, 3b. Applicants must provide their name, residence, place of business, age, date of birth, occupation, sex, physical description, as well as extensive personal history information. Section 2C:58-3e. Other criteria for obtaining a permit to purchase a handgun or FPIC are outlined in the New Jersey Background Checks section.

If an applicant qualifies for a permit to purchase or FPIC, the permit or FPIC shall be issued within 30 days from the date the application was received, or within 45 days if the applicant is not a New Jersey resident. Section 2C:58-3f. Once issued, a permit to purchase a handgun is valid for 90 days, and may be renewed for good cause for another 90 days. Id. Prior to the time a permittee receives a handgun, he or she shall deliver the permit to the seller, and the seller shall enter all the information required on the permit form. Section 2C:58-3h. The seller shall keep a copy as a permanent record, and deliver the completed permit (or copies) to local law enforcement and NJSP within five days of the date of sale. Id.

A FPIC is valid so long as the holder remains eligible to possess a firearm. See section 2C:58-3c, f.

Firearms dealers must include a trigger lock or a locked case, gun box, container or other secure facility with every handgun sold, unless the handgun is on the state list of approved personalized handguns. N.J. Rev. Stat. § 2C:58-2a(5)(d), (e). For further information about personalized handguns, see the New Jersey Personalized/Smart Guns section.

New Jersey has established the "KeepSafe" program per section 2C:58-17, where any person who purchases a firearm from a retail dealer is eligible for a five dollar instant rebate on the purchase of a trigger locking device compatible with the firearm purchased. In addition, the New Jersey State Police shall provide licensed retail firearms dealers with a sign "to be prominently displayed at a conspicuous place on the dealer’s business premises" which will state "substantially" the following:

"KEEP NEW JERSEY FIREARMS SAFE.

TO ENCOURAGE NEW JERSEY GUN OWNERS TO STORE THEIR FIREARMS SAFELY, THE STATE IS OFFERING A $5 INSTANT REBATE WHEN YOU PURCHASE A COMPATIBLE TRIGGER LOCK ALONG WITH YOUR FIREARM.

REMEMBER--THE USE OF A TRIGGER LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS SHOULD BE STORED, UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN.

NEW JERSEY'S FAMILIES AND CHILDREN ARE PRECIOUS--KEEP THEM SAFE!!"

Id.

For other measures related to locking devices, see the New Jersey Child Access Prevention section.

No person under the age of 18 shall purchase, barter or otherwise acquire a firearm, and no person under the age of 21 shall purchase, barter or otherwise acquire a handgun (unless the person is authorized to possess a handgun in connection with the performance of official duties per N.J. Rev. Stat. § 2C:39-6).  Section 2C:58-6.1a.

Section 2C:58-6.1b adds that no person under the age of 18 shall possess, carry, fire or use a firearm, and no person under the age of 21 shall possess, carry, fire or use a handgun (unless the person is authorized to possess a handgun in connection with the performance of official duties), except under the following circumstances:

• In the actual presence or under the direct supervision of his or her parent, guardian, or a person who holds a permit to carry a handgun or a Firearms Purchaser Identification Card; or

• For the purpose of a military drill supervised by a recognized military organization, lawful and supervised competition or target practice, or lawful hunting, where he or she possesses a valid hunting license and has successfully completed a recognized hunter’s safety course.

New Jersey imposes harsh penalties, including a mandatory minimum prison term of three years without parole, on anyone who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person under age 18.  Section 2C:39-10e.

No relevant statutes currently exist.

On December 23, 2002, New Jersey adopted a law that requires personalized handgun technology to be incorporated into all handguns sold in the state within a two to three-year period after the technology is deemed safe and commercially available for retail sale by the state Attorney General.

New Jersey Rev. Stat. § 2C:39-1dd defines a "personalized handgun" as:

[A] handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user.  The technology limiting the handgun’s operational use may include, but not be limited to:  radio frequency tagging, touch memory, remote control, fingerprint, magnetic encoding and other automatic user identification systems utilizing biometric, mechanical or electronic systems.  No make or model of a handgun shall be deemed to be a "personalized handgun" unless the Attorney General has determined, through testing or other reasonable means, that the handgun meets any reliability standards that the manufacturer may require for its commercially available handguns that are not personalized or, if the manufacturer has no such reliability standards, the handgun meets the reliability standards generally used in the industry for commercially available handguns.

New Jersey’s Attorney General is required to report to the Governor and the Legislature every six months regarding the availability of personalized handguns for retail sales purposes until the Attorney General deems such firearms technology available for retail sale. Section 2C:58-2.3a. Personalized handguns will be deemed available for retail sale if at least one manufacturer has delivered at least one production model (a handgun that results from a manufacturing process that produces multiple copies of the same handgun model, but not prototypes) to a registered or licensed wholesale or retail dealer in New Jersey or any other state. Section 2C:58-2.3b.

Once 23 months have elapsed from the Attorney General’s report announcing that personalized handguns are available for retail sale, the Attorney General must work with the Superintendent of State Police to promulgate a list of personalized handguns that may be sold in New Jersey. Section 2C:58-2.4a. This process must be initiated following the 23-month period, and must be completed within a further six months. Section 2C:58-2.4b provides for the listing of new handguns as well as the removal of previously authorized firearms from the list. The list must be distributed to all licensed firearms dealers. Section 2C:58-2.4b also directs the Attorney General to create a process that will allow manufacturers to submit handguns for testing and authorization for sale.

Beginning six months after the date the initial list of approved handguns is completed, no licensed manufacturer, wholesaler, or retail firearms dealer, or any of the dealer’s employees or agents, shall transport into New Jersey, sell, expose for sale, possess with the intent of selling, assign or otherwise transfer a handgun unless it is a personalized handgun or an antique handgun (defined under section 2C:39-1aa). Section 2C:58-2.5a.

Exceptions exist for handguns used by law enforcement or military officers, and for handguns used in competitive shooting matches. Section 2C:58-2.5b, c.

Licensed firearms dealers or their agents or employees will be prohibited from delivering any handgun to any person on and after the first day of the sixth month following the release date of the initial personalized handgun list pursuant to section 2C:58-2.4, unless the handgun is identified as a personalized handgun and included on the state-approved list of personalized handguns, or is classified as an antique handgun.  Section 2C:58-2a(5)(e).

Within 30 days following the release of the initial personalized handgun list, a seven-member commission within the state Department of Law and Public Safety must be created, which will meet once annually thereafter to determine whether state and local law enforcement should use personalized handguns.  Section 2C:58-2.5d.

The adopted text of New Jersey’s "smart gun" law can be found in its entirety at the New Jersey State Legislature’s website.

For all handgun transfers, the transferee is required to have a permit to purchase a handgun, which is valid for the purchase of one handgun. N.J. Rev. Stat. § 2C:58-3. For long gun (rifle and shotgun) transfers, the transferee must possess a Firearms Purchaser Identification Card ("FPIC"). Id. One FPIC allows unlimited rifle and shotgun purchases as long as the holder remains eligible to posses the FPIC. N.J. Rev. Stat. § 2C:58-3. Permit to purchase and FPIC holders are subject to federal and state background checks. Please see the New Jersey Background Checks section for more details.

New Jersey prohibits any person from loaning money where the transaction is secured by any handgun, rifle or shotgun. Section 2C:39-11b.

Any pawnbroker who sells or offers to sell, lend or give away any weapon is criminally liable for a crime of the third degree.  Section 2C:39-11a.

New Jersey imposes harsh penalties, including a mandatory minimum prison term of three years without parole, on anyone who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person under age 18. Section 2C:39-10e. In addition, any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a handgun to a person under age 21 is criminally liable for a crime in the third degree. Section 2C:39-10f. For additional information on age restrictions, see the New Jersey Minimum Age to Purchase/Possess section.

All firearms dealers must keep a register of every handgun transferred, recording detailed transaction information in the register. N.J. Rev. Stat. § 2C:58-2a(6), 2b, 2d. See the New Jersey Dealer Regulations section for further information. The register shall be retained by the dealer and shall be made available at all reasonable hours for inspection by any law enforcement officer. Section 2C:58-2b. Copies of the register shall be delivered within five days of the sale to local law enforcement (or the county clerk) and the New Jersey State Police ("NJSP"). Section 2C:58-2e.

In addition, prior to the time a handgun permittee receives the handgun, he or she shall deliver the permit to the seller, and the seller shall enter all the information required on the permit form. Section 2C:58-3h. The seller shall keep a copy as a permanent record, and deliver the completed permit (or copies) to local law enforcement and NJSP within five days of the date of sale. Id.

New Jersey law does not provide for any registry of long-gun purchasers or owners.

No retail firearms dealer shall deliver a handgun to any person unless the person possesses a valid permit to purchase a handgun and at least seven days have elapsed since the date of application for the permit.  N.J. Rev. Stat. § 2C:58-2a(5)(a).  Since each permit to purchase a handgun is valid for only one handgun purchase, this effectively creates a seven-day waiting period for all handgun sales.  Id., Section 2C:58-3i.  The waiting period to obtain the permit itself can be as long as 30 days (45 days for non-residents) while the permit application is processed.  Section 2C:58-3f.

There is no waiting period for long guns, however.