The Current State of New Jersey's Gun Laws

August 13, 2009

New Jersey has notoriously restrictive laws regarding the sale, purchase and possession of weapons. Visitors should understand these laws to avoid getting into legal trouble.

August 13, 2009 /24-7PressRelease/ -- The Current State of New Jersey's Gun Laws

Article provided by Law Offices of John J. Zarych
Visit us at http://www.johnzarych.com

New Jersey has notoriously restrictive laws concerning the purchase, possession and sale of weapons in general, but specifically firearms. Even so, provided they are properly sold, licensed and maintained, New Jersey residents are allowed under current law to purchase (one handgun per license, but no limit on rifles and shotguns purchased on a single permit) and possess handguns (including both pistols and revolvers), rifles, shotguns and antique versions of the same, as well as antique cannons, provided they are no longer capable of being fired.

Requirements for Purchase of a Firearm

In order to purchase a firearm from a licensed New Jersey gun dealer you must first procure a valid purchaser identification card, other proof of identity (unless you are personally known by the seller) and be over the age of 18. To procure a license/valid purchaser identification card, you must provide a great deal of personal information. Generally speaking, gun licenses can be issued to New Jersey residents who are of good standing and of a good repute. This phrasing may sound objective, but the law does give guidance about how to satisfy these requirements. For the issuance of a license, you must provide your:

- Name
- Address
- Place of Business
- Age
- Occupation
- Sex
- Physical description (height, weight, complexion, ethnicity)
- Identifying characteristics (tattoos, scars, birthmarks, distinctive freckles or moles)
- Fingerprints to a local law enforcement agency for verification of your criminal record and for future reference

Furthermore, New Jersey Statutes 2C:58-3, also requires a sworn statement that you:

- Have not been convicted of any crime or a disorderly persons offense involving an act of domestic violence, regardless of whether that offense involved a weapon
- Are not drug dependent, confined to a mental hospital (or sanitarium) or a habitual drug addict
- Are not afflicted with a physical disease or defect that would make it difficult to handle a firearm or have been confined to a hospital for a mental disorder (unless you obtain documentation from a physician showing that you are no longer suffering from that particular mental or physical disability)
- Have not provided any false information in your application for a license
- Are above the age of 18 (to seek a valid purchaser identification card)
- Are above the age of 21 (to seek a permit to purchase a handgun)
- Are not a person to who, if allowed to possess a firearm, would have a negative impact on the public health, safety or welfare
- Are not subject to a restraining order issued under the "Prevention of Domestic Violence Act of 1991," that would prohibit you from possessing a firearm
- If you have a juvenile record, and your convictions involved actions 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
- Are not a person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c. 261 (C.2C:25-17 et seq.) and whose firearm has not been returned

New Jersey Casino Control Act

New Jersey casinos see countless patrons each year, a large portion of them travelling in from other states to see the sights and take their chances at the gambling establishments in Atlantic City. Although New Jersey's "conceal and carry" laws do permit firearms in some locations (private landowners have the right to ban weapons on their property and similar treatment is given to this issue in states), they are banned in any casino or casino simulating facility without the express written approval of the Casino Control Commission. For more information about this, you can view the New Jersey Administrative Regulations § 19:45-1.13(a) http://www.state.nj.us/casinos/actreg/reg/docs_chapter45/c45s01.pdf.

Though other states have regulations banning firearms and other weapons on the casino floor itself, New Jersey's law is more restrictive, instead banning weapons anywhere in the casino proper, even the guest rooms themselves. This stringent ban on carrying firearms anywhere into the casino can result in people getting into trouble and being charged with illegal gun possession. Therefore, it is important to know the laws of any state you are visiting to avoid finding yourself in violation of those laws.

Evolving Laws Are Limiting Rights

On August 6, 2009, New Jersey governor Jon Corzine signed into law New Jersey Senate Bill S1774. This bill, introduced in the 2008-2009 legislative session and sponsored by state senators Cunningham, Ruiz, Redd, Whelan and Weinberg, limits the number of handguns that can purchased in a 30-day period. Previously New Jersey law called for no limit on the number of weapons purchased, only that each handgun purchase required its own individual permit. A violation of this new law will result in a fourth degree felony and a fine of up to $10,000.

The bill's sponsors and supporters argue that the law would stem the flow of guns from other states and would prevent criminals from distributing handguns throughout New Jersey. Opponents of this legislation argue that it does nothing but punish law-abiding citizens who purchase their guns legally and from legitimate dealers. They go on to say that the effect on crime will be negligible because criminals do not buy guns from reputable sources, but instead buy them on the street or traffic them in from out of state.

If you want to learn more about New Jersey's gun laws, or if you fear you may be in violation of them, it can be helpful to seek the advice of an attorney experienced in these matters. Hiring a lawyer, particularly if you have been charged with a weapons-related criminal offense gives you access to a world of legal knowledge, allows you to understand possible courses of action and provides you with the likely potential results of each.

Article provided by Law Offices of John J. Zarych
Visit us at http://www.johnzarych.com

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