N.J. Admin. Code § 13:54-1.3
Current through Register Vol. 56, No. 8, April 15, 2024
Section 13:54-1.3 - State of New Jersey firearms identification card or permit to purchase a handgun and form of register required; prohibition on sale of certain weapons(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, other than an antique rifle or shotgun, 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, acquire, or possess a sawed-off shotgun. No person shall sell, give, transfer, assign, or otherwise dispose of a stun gun to a person under 18 years of age, and no person under 18 years of age shall receive, purchase, or otherwise acquire a stun gun.(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 a handgun and form of register.(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. 1. The Superintendent shall be notified in writing within five days of any firearm purchased or otherwise acquired by a New Jersey law enforcement agency for departmental use. In the case of a purchased firearm, the notification to the Superintendent shall be made by the chief of police or department head of the agency or designee, and shall include the purchase date, dealer's name and address, and the make, model, caliber and serial number of the firearm.2. No law enforcement agency shall directly transfer a department-owned firearm, other than those issued as a duty firearm, to another person without such transfer going through a New Jersey licensed retail firearms dealer.3. In the case of a firearm seized through forfeiture, pursuant to N.J.S.A. 2C:64-1 et seq., all applicable forfeiture standing operating procedures (SOPs) and guidelines issued by the Attorney General and/or the county prosecutor's office shall be followed. Notification to the Superintendent of the use of the forfeited weapon by the agency shall be made by the chief of police or department head of the agency or designee, and shall include the acquisition date, and the make, model, caliber and serial number of the firearm. This notification shall also include a copy of the written authorization of the county prosecutor's office, New Jersey Attorney General's Office, and the Superior Court of New Jersey, approving the use of the seized and/or forfeited firearm by the agency. No court order shall be necessary in the case of prima facie contraband; however, all forfeiture SOPs dealing with contraband must still be followed. Forfeited firearms shall be used solely for law enforcement purposes. Once a seized and/or forfeited firearm is no longer useful to the law enforcement agency, it shall be destroyed upon authorization from the county prosecutor's office and/or Attorney General's Office that originally granted approval for use of the firearm.4. If an agency wishes to utilize firearms that are considered abandoned property, all procedures pursuant to the Abandoned Property Act, N.J.S.A. 40A:14-157, must be followed in addition to ensuring that proper notifications are made to the prosecutor's office, Attorney General's Office, and the Superintendent, as set forth above. New Jersey law enforcement agencies may purchase firearms for use by law enforcement officers in the actual performance of the officers' official duties, which purchase may be made directly from a manufacturer or through a licensed retail firearms dealer located in New Jersey or any other state. Individuals donating firearms to New Jersey law enforcement agencies must ensure that all such transfers are conducted through licensed dealers pursuant to all regulatory provisions, State statutes, and all necessary local ordinances.(d) Nothing in this subchapter shall be construed to apply to the transfer, receipt or acquisition of a firearm that is otherwise lawful under N.J.S.A. 2C:58-3.1, 2C:58-3.2 or 2C:58-6.1(b).N.J. Admin. Code § 13:54-1.3
Amended by R.2007 d.378, effective 12/17/2007.
See: 39 N.J.R. 2324(a), 39 N.J.R. 5349(a).
In (a), inserted ", other than an antique rifle or shotgun,"; and added (c)1 through (c)4 and (d).
Amended by R.2015 d.094, effective 6/15/2015.
See: 46 N.J.R. 2393(a), 47 N.J.R. 1328(a).
Section was "Firearm identification card or permit to purchase required". In (a), inserted a comma following "purchase" and "shotgun" in the first sentence, in the second sentence, inserted a comma following "assign", "shotgun", and "dealer"; and substituted "sell, acquire, or possess" for "sell or acquire" in the third sentence; and in (b), in the first sentence, inserted a comma following "purchase" and "handgun"; and in the second sentence, inserted a comma following "transfer", and added "a handgun and form of register" at the end.
Amended by R.2018 d.009, effective 1/2/2018.
See: 49 N.J.R. 2765(a), 50 N.J.R. 214(b).
Section was "State of New Jersey Firearms identification card or permit to purchase a handgun and form of register required". In (a), added the last sentence.
Amended by R.2018 d.192, effective 11/5/2018.
See: 50 N.J.R. 1424(a), 50 N.J.R. 2240(b).
In the introductory paragraph of (c), inserted a comma following "Guard", and rewrote (c)4.