New Jersey Firearm Transport Laws

New Jersey gun laws are among the most severe in the entire country.  Failing to comply with the complex regulations governing the possession of firearms can result in a sentence to state prison, even for people with no prior arrests or contact with the criminal justice system.  Many defendants are charged with illegal possession of a firearm while transporting a firearm in their motor vehicle, so it is critical that you understand what is permitted and what is unlawful.

Possessing a firearm in New Jersey is already difficult, but attempting to transport a firearm is even more so. If a judge has not given you permission to carry a firearm, there are specific ways in which the firearm must be secured in your vehicle before you can transport it.

Rosenberg | Perry & Associates Head of Criminal Litigation & Partner Robert M. Perry explains New Jersey guns laws, penalties, potential gun charge defenses, and alternative sentencing options in the video below.

Specific laws surrounding handguns and long-guns in New Jersey are harsh and can lead to illegal firearm transport and unlawful possession of a weapon charges if done improperly. New Jersey firearm laws apply to the following types of weapons:

• Handguns
• Shotguns
• Rifles

If you are unsure of the laws in your state, or state-to-state differences, you should speak with a lawyer to avoid potentially committing state or federal crimes that would result in incarceration.

Legally Transporting Firearms in New Jersey

New Jersey does allow for the transport of firearms under very limited circumstances, but the rules are complex and if you do not comply with the law it can result in serious charges. Firearm transportation in New Jersey has a very particular set of laws outlined in section N.J.S.A. 2C:39-6 of the New Jersey Criminal Code. To follow these laws properly you must be transporting the firearm from one place that it is legal to possess the firearm to another place that it is legal for you to possess the firearm. These laws do not require you to obtain a permit to carry a firearm at your place of business, residence, premises, or any land owned by you. 

According to N.J.S.A. 2C:39-6, these are the ways in which a firearm must be transported in New Jersey:

• Firearms must be unloaded
• Contained in a closed and fastened case
• Stored in a gun box
• Placed in a securely tied package
• Locked in the trunk of the automobile in which it is being transported

Aside from the way in which your firearm must be stored, ammunition must be transported separately. It must be stored in a separate container locked in the trunk. If the vehicle does not have a trunk, the firearm must be locked in a container different from the glove box or center console.

Rules for Transporting Firearms in NJ Without a Permit to Carry

Although the gun laws in New Jersey are stringent, you are not required to obtain a permit to transport firearms. Even though you don’t need a permit to transport firearms in New Jersey, you must still follow the guidelines for transportation. You must meet one of the three requirements below to be within the transportation laws. 

Transportation Guidelines

• A licensed firearm dealer transporting firearms during the course of their business
• An individual transporting a firearm between their dwelling and business, between their dwellings or between their dwelling or business and a firearm repair shop
• Transport to or from a shooting range, a hunting site, or a sponsored firearm exhibition

When transporting a firearm under one of the guidelines above, there are certain situations under which you can change the destination. This is called deviation in transport. You are only allowed to deviate transportation if reasonably necessary under the circumstances. Examples of reasonable deviations include getting gas/fuel, stopping for food or beverages, seeking medical attention, using a restroom/bathroom, or dealing with an emergency situation.

Penalties for Unlawful Possession of a Weapon in NJ

Violating the weapons statute N.J.S.A. 2C:39-6 can result in numerous specific charges that are all indictable offenses (felonies). If you are found in possession of a weapon under circumstances that are not allowed under the law, you may be charged with unlawful possession of a weapon. 

In addition to what may be thought of as traditional firearms such as handguns and rifles, airsoft guns, bb guns, & pellet guns are also considered illegal firearms as defined under N.J.S.A. 2C:39-1. Knowingly possessing these weapons without a permit can result in a third-degree unlawful possession of a weapon charge.

Under N.J.S.A. 2C:39-4, you cannot purchase, own, or carry a weapon with the intent of committing a crime. This will result in a charge for possession for unlawful purposes. This charge is usually included among other charges such as burglary or robbery. 

There are also charges related to prohibited weapons under N.J.S.A. 2C:39-3. There are five main categories for weapons that meet these criteria. 

• Explosive devices – This is a third-degree crime averaging a penalty of 3-5 years in prison.
• Sawed-off shotguns – Also a third-degree crime.
• Silencers – If you are caught in possession of a silencer in New Jersey, it is a fourth-degree crime with a potential sentence of 18 months in prison.
• Defaced firearms – Altering firearms in any way is a fourth-degree crime.
• Certain other weapons – Possession of gravity knives, switchblade knives, daggers, dirks, stilettos, billys, blackjacks, metal knuckles, sandclubs, slingshots, cestus, or similar leather bands studded with metal filings or razor blades imbedded in wood, and ballistic knives are all 4th-degree felonies that may result in up to 18 months in prison.

Penalties for Illegal Transport of a Firearm in NJ

There is always risk in transporting a firearm. The exceptions that permit transport of a firearm are read narrowly by New Jersey judges and any non-compliance with the law, no matter how minor, can render someone subject to very serious criminal charges. If you fail to adhere to the firearm transportation guidelines, you can be charged with a crime of the second or third degree. For second-degree possession of an illegal handgun, you can receive 5-10 years. For third-degree possession of an illegal shotgun or rifle, you can receive  3-5 years.

Hire a New Jersey Gun Lawyer If You’ve Been Charged

A conviction for a felony weapons charge is serious, can be costly, and cannot be removed from your record. Should you find yourself with a weapons charge in New Jersey, RPA’s New Jersey Gun lawyers are prepared to help. Our attorneys are experienced in applying legal defenses to beat gun charges in NJ. Contact us to schedule a free consultation to speak about the details of your case and get the legal support you need.