Gun Purchasing in New Jersey
Gun Lawyers Assisting Clients in Monmouth County and Across New Jersey
New Jersey strictly regulates the purchase and sale of firearms, requiring those who wish to purchase firearms to obtain specific permits for this purpose. In order to obtain a firearms purchasing identification card or handgun purchase permit, you must submit to an exhaustive application process. Often, the complexity of this process is overwhelming and intimidating to an average citizen who simply wants to exercise their Constitutional rights. A knowledgeable attorney can help you to navigate through this process and ensure that you have the best chance of obtaining a permit.
At the Tormey Law Firm, our attorneys have accumulated a breadth of knowledge in the realm of New Jersey gun law, having served as former gun prosecutors, criminal judicial clerks, members of the U.S. Attorney’s Office, and nationally recognized criminal defense attorneys. We regularly assist clients with the firearms permit process, appeals of gun permit denials, return of weapons hearings related to domestic violence, expungements to obtain gun permits, and criminal defense for those facing criminal weapons charges. With three convenient office locations throughout the state, we regularly assist clients in Monmouth, Bergen, Essex, Morris, Middlesex and other New Jersey counties. It is our mission to employ our diverse body of knowledge and experience to achieve your desired outcome. Contact us today at (201)-614-2474 for additional information and a cost-free consultation.
Firearms Purchasing Permits in New Jersey
In order to purchase a firearm in New Jersey, you will need one of two purchase permits, depending on the specific type of firearm you intend to purchase. In order to legally purchase a handgun, you must obtain a New Jersey Permit to Purchase a Handgun. In order to purchase a rifle or shotgun, you must obtain a New Jersey Firearms Purchaser Identification Card.
To begin the application process for either type of firearms purchasing permit, you must submit the application form to the Chief of Police at your local police department or the Superintendent of the New Jersey State Police. The permit process will also include a complete background check with the New Jersey State Police and FBI, mental health records search, investigation by the local police, fingerprinting, and two references. In addition, the applicant must provide proof of firearms training in a state-approved course within the four years previous to the application date.
After the application and accompanying documentation is submitted, the State has 30 days to approve or deny the application for residents of New Jersey. For applicants who are not residents of New Jersey, the window for consideration is 45 days.
Who Cannot Purchase a Firearm in New Jersey?
Under New Jersey law, outlined in section N.J.S.A. 2C:58-3, the following individuals cannot be issued firearms purchasing permits in New Jersey:
- Any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence, whether or not armed with or possessing a weapon at the time of such offense;
- Any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard;
- Any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms;
- Any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
- Any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;
- Any person where the issuance would not be in the interest of the public health, safety or welfare because the person is deemed to be devoid of the critical character of temperament to be safely entrusted with a firearm
- Any person who is subject to or has violated a temporary or final restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991,” prohibiting the person from possessing any firearm, or a temporary or final restraining order issued in another jurisdiction that prevents his or her possession of a firearm;
- Any person who 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 subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);
- Any 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;
- Any person named on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation;
- Any person who is subject to or has violated a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the “Extreme Risk Protective Order Act of 2018”;
- Any person who is subject to or has violated a court order prohibiting the custody, control, ownership, purchase, possession or receipt of a firearm or ammunition issued pursuant to a temporary protection order;
- Any person who is subject to or has violated a temporary or final restraining order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015″;
- Any person who has previously been voluntarily admitted to inpatient treatment or involuntarily committed to inpatient or outpatient treatment, unless the court has expunged the person’s record;
- Any person who is subject to an outstanding arrest warrant for an indictable crime in this State or for a felony in any other state or federal jurisdiction,; or
- Any person who is a fugitive from justice due to having fled from state or federal jurisdiction to avoid prosecution for a crime, with the exception of warrants for providing, receiving, assisting in providing or receiving, providing material support for, or traveling to obtain reproductive health care services that are considered lawful in New Jersey, or to avoid giving testimony in any criminal proceeding.
Restrictions on Firearms Purchasing in New Jersey
Under New Jersey law, a firearms purchaser identification card will remain valid for 10 years unless the holder becomes subject to one of the disabilities listed above. For example, if the card holder has their firearms seized and not returned due to an act of domestic violence, they will also be required to forfeit their firearms purchaser identification card. The holder must apply to renew an FPIC after 10 years. As for a permit to purchase a handgun, these permits are only valid for 90 days from the date of issuance. They may be renewed for an additional 90 days, but can only be valid for 180 days consecutively.
In terms of the number of firearms that a person can legally purchase with his or her permit, there is a one handgun limit imposed in New Jersey, which prohibits the purchase of more than one handgun in a 30-day period. Note, this restriction does not apply to law enforcement officers or agencies. As for rifles, shotguns, and antique cannons, there is no limit on the number of purchases made within a given period, as long as the purchaser has a valid firearms purchaser identification card and complies with the other purchasing provisions outlined under N.J.S.A. 2C:58-3.
Contact our Monmouth County Gun Permit Lawyers for More Information
If you are considering applying for a firearms purchasing permit, have begun the application process, are seeking an appeal after a purchasing permit denial, or wish to file an expungement to obtain a firearms purchasing permit, our NJ gun lawyers can help. Contact us today at (201)-614-2474 for a free consultation.