How to Sell a Gun in New Jersey

New Jersey has some of the most strict firearms regulations in place when compared to other states in the U.S. Buying or selling a firearm can be a complicated process in general, however, with the abundance of state and federal regulations surrounding firearms, this already complicated process can become even more convoluted with the additional laws. For those who are looking to buy, transfer or sell a firearm at a federally licensed firearm dealer or through a private transaction, buyers and sellers should be aware of the regulations in place in order to be in compliance with state and federal law.

The following information is compiled from the New Jersey State Police’s document on New Jersey Administrative Code Title 13. Law and Public Safety Chapter 54. Firearms and Weapons

How to Buy and Sell a Gun in New Jersey

In New Jersey, a Firearm Identification car or Permit to Purchase is required to buy, transfer and sell a gun. This applies to antique firearms as well.

Here is the legal text:

13:54-1.3 Firearm identification card or permit to purchase required

(a) No person, other than a licensed or registered retail or wholesale dealer, shall receive, purchase or otherwise acquire a rifle, shotgun or antique cannon, other than an antique rifle or shotgun,

unless that person possesses and exhibits a valid firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of a rifle, shotgun or antique cannon to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid firearms purchaser identification card. No person shall sell or acquire a sawed-off shotgun.

(b) No person, other than a licensed or registered retail or wholesale dealer shall receive, purchase or otherwise acquire a handgun unless that person possesses and exhibits a permit to purchase a handgun. No person shall sell, give, transfer or assign or otherwise dispose of a handgun to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid permit to purchase.

(c) The provisions of (a) and (b) above shall not apply to the Armed Forces of the United States, the National Guard or to a law enforcement agency; provided that such transactions are authorized in writing by the appropriate governmental entity as provided by this chapter.

13:54-1.9 Number of firearms that may be purchased

(a) Only one handgun may be purchased or delivered on each permit to purchase.

(b) There shall be no restriction on the number of rifles, shotguns and antique cannons that may be purchased or acquired, provided the receiver possesses a valid firearms purchaser identification card and otherwise complies with all of the provisions of this subchapter.

13:54-1.13 Firearms passing to heirs or legatees

(a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm, upon the death of its owner. A person so acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-1.5 and 1.6.

(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent.

During such period the firearm must be placed in the custody of the chief of police or Superintendent.

(c) In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5.

Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.

The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.

How to Conduct a Private Sale of a Firearm in New Jersey

Firearm purchases from unlicensed sellers must be conducted through a federally licensed gun dealer unless the transaction is between immediate family members, law enforcement officers, or licensed firearms collectors. Some temporary transfers between private individuals are also exempt from this requirement.


Restrictions on Firearm Ownership New Jersey

In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old.

The following disqualifies a person in New Jersey from purchasing a firearm.

13:54-1.5 Prerequisites for a permit to purchase handgun or a firearms purchaser identification card

(a) Every person issued a permit to purchase a handgun, or a firearms purchaser identification card, shall be 18 years of age and of good repute in the community in which he lives.

(b) A permit to purchase a handgun, or a firearm purchaser identification card, shall not be issued to any person:

  1. Who has been convicted of any crime;
  2. Who is drug dependent as defined by N.J.S.A. 24:21-2;
  3. Who has been or is then confined for a mental disorder in any institution;
  4. Who is a habitual drunkard or an alcoholic;
  5. Who suffers from a physical defect or disease which would make it unsafe for him or her to handle firearms;
  6. Who knowingly falsifies any information on the application form for a permit to purchase a handgun or firearms purchaser identification card;
  7. Who refuses to waive statutory or other rights of confidentiality relating to institutional confinement; or
  8. Where the issuance would otherwise not be in the interest of the public health, safety and welfare.

FEDERAL DISQUALIFICATION CATEGORIES

  • Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
  • Warrant (felony or out-of-state misdemeanor).
  • Felony pre-trial release.
  • Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
  • Unlawful use or addicted to a controlled substance (including marijuana).
  • Dishonorable discharge from the armed forces.
  • Renounced U.S. citizenship.
  • Illegal alien.

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“DISCLAIMER”
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 05/08/20 from https://www.state.nj.us/njsp/info/pdf/firearms/njac-title13-ch54.pdf and https://www.njsp.org/firearms/firearms-faqs.shtml