New Jersey has some of the country’s strictest gun laws, so it’s critical for visitors to understand their rights and restrictions on firearm possession in the state. Here’s what you need to know if you’re an out-of-state visitor wishing to bring your firearm into New Jersey.
Does New Jersey Recognize Out-of-State Gun Permits?
New Jersey does not recognize other state’s firearm permits. Thus, a person who lawfully possesses firearms under a gun permit issued by their home state may face charges of unlawful possession of a firearm if they possess firearms in New Jersey.
A person who lawfully purchased firearms in the state they previously lived in may continue to own those firearms after moving to New Jersey, provided those firearms qualify as legal weapons under state law. The state operates a voluntary registration system, allowing individuals who move into New Jersey with firearms to report their ownership to New Jersey law enforcement voluntarily. However, unless an individual obtains a New Jersey gun permit after moving to the state, they may only possess their firearm on their property.
A person who maintains a second residence in New Jersey can apply for a New Jersey gun permit using their New Jersey address as their state residence. Out-of-state residents who wish to possess firearms while in New Jersey can apply for a gun permit at the New Jersey State Police station nearest to their residence.
What Happens If You Are Caught With a Firearm in New Jersey?
A person caught in possession of a firearm while in New Jersey may face charges of unlawful possession of a firearm under state law. Unlawful possession of a handgun or machine gun without a permit to carry or a license, respectively, may face prosecution for a second-degree crime(felony). Unlawful possession of a rifle or shotgun without a firearms purchaser identification card may face a third-degree crime charge. Penalties for a second-degree crime include five to ten years in prison and a potential fine of up to $150,000. Penalties for a third-degree crime include three to five years in prison and a potential fine of up to $15,000.
Are There Any Exceptions for Out-of-State Firearm Owners?
Non-residents may lawfully own or possess firearms in New Jersey under limited exceptions. The first exception allows non-residents who lawfully own and possess firearms under the laws of their state of residence to travel through New Jersey – meaning traveling from a location outside New Jersey to a destination outside New Jersey without making any unreasonable deviation or delay in their travel. However, individuals transporting firearms through New Jersey in their vehicles must do so under the requirements of state law, which include:
- Keeping the firearm unloaded
- Containing the firearm in a closed and fastened case, a gun box, or a securely tied package
- Keeping the firearm and any ammunition locked in the vehicle’s trunk or otherwise in a location where the drivers and passengers cannot readily access them from the passenger compartment
Individuals with a second residence in New Jersey who lawfully purchased firearms in their home state can also transport them to their New Jersey residence in the same manner as transporting firearms through the state. However, those individuals may not possess firearms outside their property unless they obtain a New Jersey permit to carry firearms.
Finally, New Jersey allows Law Enforcement Officer Safety Act-complaint law enforcement officers to carry concealed firearms while visiting the state. Officers must carry their law enforcement credentials while in New Jersey. Officers visiting New Jersey for personal purposes may not carry more than 17 rounds of ammunition per magazine; officers in New Jersey on official duty may carry their department-issued firearm with no restrictions. Officers may also possess hollow point ammunition whether visiting New Jersey on or off duty.
Common Scenarios Leading to Firearm Charges for Out-of-State Residents
Situations that might lead to New Jersey firearm charges for non-residents without New Jersey gun permits visiting or traveling through the state include:
- Carrying a concealed firearm while at a rest stop on the New Jersey Turnpike
- Traveling through New Jersey with a loaded firearm in the center console or glove compartment
- Going out of the house of one’s vacation home in New Jersey while carrying a firearm
Legal Defenses for Out-of-State Firearm Charges in New Jersey
Non-residents charged with unlawful possession of a firearm in New Jersey may have various defenses to fight their charges, including:
- Lack of possession: An individual charged with unlawful possession of firearms may deny having actual or constructive possession of the firearms seized by police.
- Traveling through New Jersey: A non-resident may fight an unlawful possession charge by arguing that their arrest occurred during their travel through New Jersey.
- Traveling between residences: A person who owns a secondary residence in New Jersey may travel between their out-of-state residence where they lawfully purchased their firearms to their New Jersey home but may not possess those firearms off their property.
- Active duty law enforcement: Eligible active duty law enforcement officers may carry concealed firearms while visiting New Jersey for personal or official purposes.
How a Criminal Defense Lawyer Can Help
When you face prosecution for unlawful possession of a firearm in New Jersey, a criminal defense attorney can help you protect your rights, interests, and future by:
- Thoroughly investigating your charges to obtain evidence that can help build a compelling defense
- Identifying potential defenses to your charges based on the facts of your case
- Explaining your charges and the potential outcomes to prepare you for what to expect when facing the New Jersey criminal justice system
- Representing you in court when permissible so you can avoid having to travel back to New Jersey as much as possible
- Vigorously negotiating with prosecutors to seek a dismissal of your charges, including when your case involved an honest mistake or oversight
- Defending your rights and interests in court if necessary
Facing a Gun Charge in NJ? Contact Our Defense Lawyers for Help
If you’ve been charged with unlawful possession of a firearm in New Jersey, you need experienced legal counsel to explore your rights and options. Contact Keith Oliver Criminal Law today for a confidential consultation with a firearm charge defense lawyer to learn more about your rights and your options for protecting them.
