Can I Get a Gun Permit as a Non-Resident of New Jersey?
Rules on Obtaining Firearms Licenses for Non-Residents and Dual-Residents of NJ
What if I was previously convicted of a criminal offense in another state? Does this impact my eligibility?
If you have been convicted of certain offenses in states other than New Jersey, you may still be eligible to obtain a gun permit. In New Jersey, you are certain to be disqualified and ineligible from obtaining a gun permit if you have been convicted of an indictable offense. An indictable offense (also known as a felony in other states) is a crime that is punishable by incarceration for over one year and hefty fines. These offenses are heard in Superior Courts by Superior Court Judges.
If you have been convicted of a disorderly persons offense (also known as a misdemeanor in other states), you may still be eligible for a gun permit. These levels of offenses may be known as something else depending on the state you live in, but they carry similar punishments and effects on your ability to obtain a gun permit.
Out of state convictions with a punishment of less than one year of incarceration do not deem the non-resident as ineligible when obtaining a gun permit. This is considered a disorderly persons offense and does not reach the level of an indictable offense until there is a sentence of over one year of incarceration. If, however, the jurisdiction in which you were convicted deems the crime a felony, or an indictable offense, you will be ineligible to obtain a gun permit.
Also, if you were convicted of a criminal misdemeanor related to domestic violence in another state, or you have a restraining order against you, then you are ineligible for a license to buy or own a gun and you cannot possess one in New Jersey.
Can I keep and possess my gun if I just moved here?
You are allowed to bring a firearm to New Jersey if you move to this state and you purchased the gun and legally own it in another state. The firearm must be of the kind that is legally allowed in New Jersey, and you must store it in your home in New Jersey safely, and legally. Registration of the firearm is strictly voluntary and depends on the gun owner’s prerogative, except for handguns. If you intend to bring a handgun that is legally purchased and permitted from another state to New Jersey, you have 60 days to register it from the date upon which your residency was established. In addition, you must obtain a Firearms Purchaser Identification Card for the weapon within the two-month period after your arrival.
Am I allowed to buy a gun from someone in another state?
Gun owners and gun collectors typically belong to a vast network and speak to each other throughout the state. If someone offers to sell you a gun directly from another state, please know that it is in direct violation of federal law and can carry some hefty penalties for both of you. In order for you to legally purchase a firearm from someone out of state, that person must be a federally qualified firearms dealer. Not only must they be qualified federally, but they must also be federally qualified in the state that you reside in as the purchaser of the firearm. The firearm would then get shipped to the federally qualified firearms dealer after the firearm is purchased, at which point the dealer can transport the firearm to the purchaser.
Does Selling my Firearm in the Past Mean it is No Longer Registered to Me?
If you happened to sell firearms in the past, it is important to know that only handguns are required to be registered if you purchased them in New Jersey as a resident. This is not the case for rifles and shotguns, which are not required to be registered. It’s also important to know that if you sold a firearm to a dealer, the gun will remain registered to you.
Dual Residency and Firearms Permitting in NJ
Obtaining a gun permit in New Jersey if you are a non-resident is a tricky and confusing process. However, it can be done. Most often, people from other states may also have homes in New Jersey but do not technically live in the State of New Jersey and are not considered a resident. In order to legally apply for a gun permit in New Jersey if you are a non-resident, the process requires you to somehow establish that you are a “dual resident” and show proof of residency in the State of New Jersey as well. This may include displaying an acceptable form of identification issued by the government. You may also provide a utility bill from the municipality where your house in New Jersey is located, or some type of tax document that supports your NJ dual-residency.
How can a lawyer help if I’m interested in getting my NJ firearm license and I am from another state?
As you can see, the existing and new gun laws are extremely nuanced and changing almost on a weekly basis in the state of New Jersey. Fortunately, there are experienced attorneys such as ours that concentrate on firearms laws, permits, defense for weapons charges, extreme risk protective orders, domestic violence-related weapons forfeiture cases, appeals for gun permit denials, and staying up to date on all of the legislative changes. If you have questions about legally acquiring or possessing a firearm and the appropriate licensing requirements and procedures in NJ, contact our law office to speak with a lawyer who has experience with this very complicated source of law. Most importantly, count on us to stay up to date on the laws so you don’t have to. Call (201) 614-2474 for immediate assistance or send us a message for a free consultation.