New Jersey State NFA Rules and Allowable NFA Items

New Jersey is a state that does not respect the rights of citizens to own NFA items. New Jersey law expressly prohibits silencers, short-barreled shotguns, short-barreled rifles and destructive devices and does not include an exemption for federally registered items. Machine guns are technically legal, but require registration with the state government and a permit granted by the state. They have stringent rules as to who may be granted a license to possess a machine gun, and they are rarely granted.

Possession of Machine Guns
2C:39-5 Unlawful possession of weapons.
a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.
     *NOTE: EMPHASIS ADDED

Licensing of Machine Guns
2C:58-5. Licenses to possess and carry machine guns and assault firearms

a. Any person who desires to purchase, possess and carry a machine gun or assault firearm in this State may apply for a license to do so by filing in the Superior Court in the county in which he resides, or conducts his business if a nonresident, a written application setting forth in detail his reasons for desiring such a license. The Superior Court shall refer the application to the county prosecutor for investigation and recommendation. A copy of the prosecutor's report, together with a copy of the notice of the hearing on the application, shall be served upon the superintendent and the chief police officer of every municipality in which the applicant intends to carry the machine gun or assault firearm, unless, for good cause shown, the court orders notice to be given wholly or in part by publication.

b. No license shall be issued to any person who would not qualify for a permit to carry a handgun under section 2C:58-4, and no license shall be issued unless the court finds that the public safety and welfare so require. Any person aggrieved by the decision of the court in granting or denying an application, including the applicant, the prosecutor, or any law enforcement officer entitled to notice under subsection a. who appeared in opposition to the application, may appeal said decision in accordance with law and the rules governing the courts of this State.

c. Upon the issuance of any license under this section, true copies of such license shall be filed with the superintendent and the chief police officer of the municipality where the licensee resides or has his place of business.

d. In issuing any license under this section, the court shall attach thereto such conditions and limitations as it deems to be in the public interest. Unless otherwise provided by court order at the time of issuance, each license shall expire one year from the date of issuance, and may be renewed in the same manner and under the same conditions as apply to original applications.

e. Any license may be revoked by the Superior Court, after a hearing upon notice to the holder thereof, if the court finds that the holder is no longer qualified for the issuance of such a license or that revocation is necessary for the public safety and welfare. Any citizen may apply to the court for revocation of a license issued under this section.

f. A filing fee of $75.00 shall be required for each application filed pursuant to the provisions of this section. Of this filing fee, $25.00 shall be forwarded to the State Treasury for deposit in the account used by the Violent Crimes Compensation Board in satisfying claims and for related administrative costs pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).

g. Any license granted pursuant to the provisions of this section shall expire two years from the date of issuance and may be renewed in the same manner and under the same conditions as apply to original applications. If the holder of a license dies, the holder's heirs or estate shall have 90 days to dispose of that firearm as provided in section 12 of P.L.1990, c.32 (C.2C:58-13).

h. If an assault firearm licensed pursuant to the provisions of this section is used in the commission of a crime, the holder of the license for that assault firearm shall be civilly liable for any damages resulting from that crime. The liability imposed by this subsection shall not apply if the assault firearm used in the commission of the crime was stolen and the license holder reported the theft of the firearm to law enforcement authorities within 24 hours of the license holder's knowledge of the theft.

i. Nothing in P.L.1990, c.32 (C.2C:58-12 et al.) shall be construed to abridge any exemptions provided under N.J.S.2C:39-6.

Possession of SBR’s, SBS’s, Silencers and DD’s
2C:39-3. Prohibited weapons and devices

a.Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.
b.Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.
c.Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

Legal Disclaimer:

This information is provided as a service to the public. It is NOT intended as legal advice and should never be considered as such. This information was up to date at the time of publication.

Other NFA Gun Trust and ATF Related Blog Posts

  • ATF eForm Draft Forms Deleted After 90 Days
    ATF eForm Draft Forms Deleted After 90 Days

    The ATF recently updated the ATF eForm's application site. One of the changes that were made was to automatically deleted draft eForm applications after 90 days.  Previously, you would have to manu...

  • .EFT File Error - T10_SAP - 10.13
    .EFT File Error - T10_SAP - 10.13

    If you are receiving - Code: 1020 | Description: Missing mandatory Field 'T10_SAP' 10.13 IDC:15, you will need to have the .EFT File corrected. If you have an .EFT File editor, you can edit the fil...

  • How to Setup a Texas Gun Trust
    How to Setup a Texas Gun Trust

    Setting up and creating a Texas Gun Trust is less complicated than you might think.  Gun trusts are used typically in conjunction with NFA firearms, e.g., silencers, short barreled rifles, machine ...