New Jersey

New Jersey Permit Eligibility

No person, except as provided in 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.

In order for an applicant to be approved, he/she must:

• Obtain a New Jersey Permit to Purchase a Handgun or Firearms Purchaser Identification Card
• Complete State of NJ Use of Force Training for Private Citizen Concealed Carry Course in-person.
• Successfully complete NJ Civilian Carry Assessment and Range Evaluation with an approved Instructor.

N.J. Admin. Code § 13:54-1.5 – Prerequisites for a Permit to Purchase Handgun

N.J. Admin. Code § 13:54-2.3 –  No application for a permit to carry a handgun shall be approved by a chief police officer of a municipality, the Superintendent or the Superior Court, unless the applicant:

1. Is a person of good character who is not subject to any of the disabilities which would prevent him or her from obtaining a permit to purchase a handgun or a firearms purchaser identification card as provided in this chapter;
2. Has demonstrated that at the time of the application for the permit he or she is thoroughly familiar with the safe handling and use of handguns; and3. Has demonstrated a justifiable need to carry a handgun.

N.J. Admin. Code § 13:54-2.2

All certified firearms instructors in NJ shall instruct on the CCARE protocol, consisting of:

• an online course of instruction;
• in-person classroom instruction, including justification in the use of deadly force under State law;
• target training demonstration of a level of proficiency in the use of a handgun in such manner as required by the superintendent and training, developed or approved in conjunction with the Police Training Commission, administered by a certified firearm instructor, on a firing range approved by the superintendent and on the list of approved ranges published on the State Police website.
  • A minimum of 50 scored rounds per participant;
  • At least 10 rounds must be from the 15, 10, 7, 5 and 3 yard lines each, or if fewer rounds were fired from those distances, the remaining rounds must have been fired from greater distances;
  • The participant must demonstrate safe holstering and unholstering during the shooting course, which must include safely drawing the weapon from a secured holster before firing at each of the required distances and reholstering after completing the round;*
  • The participant must demonstrate proficient and safe reloading during the shooting course;
  • Minimum passing score of 80% using an FBI type Q target.

No substantially similar courses completed after the CCARE Protocol is issued will be accepted.

*For purposes of this section, "holster" means a device or sheath that securely retains a handgun which, at a minimum, conceals and protects the main body of the firearm, maintains the firearm in a consistent and accessible position, and renders the trigger covered and inaccessible while the handgun is fully seated in the holster.

N.J. Stat. Ann. § 2C:58-4g

NJ Permit Application Process

Must first obtain a permit to purchase a handgun. MUST apply online at  https://www.njportal.com/NJSP/ConcealedCarry/

Provide the following at the time of Application:

1. Driver’s License and Birth Certificate; or Driver’s License and Passport; or  Driver’s License and Naturalization Paperwork/Green Card
2. One (1) State of New Jersey Applications For Permit To Carry A Handgun, Form SP642. Must be double sided and notarized.
   • The application shall be signed by the applicant under oath and
   • shall be endorsed by three reputable persons who have known the applicant for at least three years preceding the date of application, and who shall also certify thereon that the applicant is a person of good moral character and behavior.
3. Two (2) color passport Quality photographs 1½ X 1½ .
4. Consent for Mental Health Search, form SP066.
5. Submit proof of qualification with a certified firearms instructor along with firearms instructor proof of certification.
6. A money order in the amount of $200.00 payable to the State of New Jersey Treasurer ($50.00 payable to the State of New Jersey Treasurer along with an additional $150.00 fee paid directly to the municipality)

All Applicants (Initial and Renewal) for Permit to Carry a Handgun must be fingerprinted.

A New Jersey Permit to Carry is valid for two(2) years from the time of approval.

If any of the preceding is not complete or incorrect the application will be returned and you will have to reapply.

N.J. Admin. Code § 13:54-2.4

New Jersey is not a permitless-carry state.

New Jersey law:

The governing body of every municipality may make, amend, repeal and enforce ordinances to regulate and prohibit the sale and use of guns, pistols, firearms, and fireworks of all descriptions.

N.J. Stat. § 40:48-1 (18)

Firearms Identification Card or Permit Required 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.

N.J. Admin. Code § 13:54-1.3(b)

Number of Firearms that may be Purchased

Only one handgun shall be purchased or delivered on each permit and no more than one handgun shall be purchased within any 30-day period.

N.J. Admin. Code § 13:54-1.9

Permit Required

No person, except as provided in 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.

N.J. Admin. Code § 13:54-2.2

Prohibited Weapons and Devices

Handgun, Shotgun, Rifle, Assault Firearms

N.J. Stat. Ann. § 2C:39-3

Unlawful Possession of Weapons

Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree.

N.J. Stat. Ann. § 2C:39-5

Permit to Purchase a Handgun

1. A person shall not sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, doner, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.
2. A person who is not a licensed retail dealer and sells, gives, transfers, assigns, or otherwise disposes of, or receives, purchases or otherwise acquires a handgun pursuant to this section shall conduct the transaction through a licensed retail dealer.

The provisions of this paragraph shall not apply if the transaction is:

1. between members of an immediate family as defined in subsection n. of this section;
2. between law enforcement officers;
3. between collectors of firearms or ammunition as curios or relics as defined in Title 18, U.S.C. section 921(a)(13) who have in their possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or
4. a temporary transfer pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) and section 1 of P.L.1997, c.375 (C.2C:58-3.2).

N.J. Stat. Ann. § 2C:58-3

New Jersey law:

Any person who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the person has registered:

1. an assault firearm pursuant to section 11 of P.L. 1990, c.32 (C.2C:58-12) and the magazine is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army; or
2. a firearm with a fixed magazine capacity or detachable magazine capable of holding up to 15 rounds pursuant to section 7 of P.L. 2018, c. 39(C.2C:39-20).

N.J. Stat. § 2C:39-3

New Jersey law:

Private citizens are prohibited from carrying a firearm into certain prohibited places. Prior to bringing a firearm to any location, the private citizen should check to determine if carrying a firearm is permitted in that location.

Koons/Siegel v. Platkin

Ordinances; general purpose. Firearms and fireworks. 18. Regulate and prohibit the sale and use of guns, pistols, firearms, and fireworks of all descriptions;

N.J. Stat. Ann. § 40:48-1

Places where the carrying of a firearm or destructive device is prohibited.

Except as otherwise provided in this section and in the case of a brief, incidental entry onto property, it shall be a crime of the third degree for any person, to knowingly carry a firearm as defined in  N.J.S.2C:39-1(f) or to knowingly possess a destructive device as defined in N.J.S.2C:39-1(c).

1. a place owned, leased, or under the control of State, county or municipal government used for the purpose of government administration, including but not limited to police stations;
2. a courthouse, courtroom, or any other premises used to conduct judicial or court administrative proceedings or functions;
3. a State, county, or municipal correctional or juvenile justice facility, jail and any other place maintained by or for a governmental entity for the detention of criminal suspects or offenders;
4. a State-contracted half-way house;
5. a location being used as a polling place during the conduct of an election and places used for the storage or tabulation of ballots;
6. a plant or operation that produces, converts, distributes or stores energy or converts one form of energy to another; or

Any other place in which the carrying of a firearm is prohibited by statute or rule or regulation promulgated by a federal or State agency.

N.J. Stat. Ann. § 2C:58-4.6

NJ Public Gatherings & Events

Firearms are also not permitted in:

• within 100 feet of a place where a public gathering, demonstration or event is held for which a government permit is required, during the conduct of such gathering, demonstration or event;
• a park, beach, recreation facility or area or playground owned or controlled by a State, county or local government unit, or any part of such a place, which is designated as a gun-free zone by the governing authority based on considerations of public safety;
• a publicly owned or leased library or museum;
• a privately or publicly owned and operated entertainment facility within this State, including but not limited to a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held;
• a casino and related facilities, including but not limited to appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment and recreational venues located within the casino property; N.J.A.C. 13:69D-1.13
• an airport or public transportation hub;a public location being used for making motion picture or television images for theatrical, commercial or educational purposes, during the time such location is being used for that purpose;

N.J. Stat. Ann. § 2C:58-4.6

New Jersey Community Services

Firearms are also not permitted in:

• a shelter for the homeless, emergency shelter for the homeless, basic center shelter program, shelter for homeless or runaway youth, children's shelter, child care shelter, shelter for victims of domestic violence, or any shelter licensed by or under the control of the Juvenile Justice Commission or the Department of Children and Families;
• a community residence for persons with developmental disabilities, head injuries, or terminal illnesses, or any other residential setting licensed by the Department of Human Services or Department of Health;
• a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises;
• a Class 5 Cannabis retailer or medical cannabis dispensary, including any consumption areas licensed or permitted by the Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24);
• a health care facility, including but not limited to a general hospital, special hospital, psychiatric hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, assisted living center, home health care agency, residential treatment facility, residential health care facility, medical office, or ambulatory care facility;
• a facility licensed or regulated by the Department of Human Services, Department of Children and Families, or Department of Health, other than a health care facility, that provides addiction or mental health treatment or support services;

N.J. Stat. Ann. § 2C:58-4.6

Schools & Youth Activities

Firearms are also not permitted in:

• a school, college, university or other educational institution, and on any school bus;
• a child care facility, including a day care center;
• a nursery school, pre-school, zoo, or summer camp;
• youth sports events, as defined in N.J.S.5:17-1, during and immediately preceding and following the conduct of the event, except that this provision shall not apply to participants of a youth sports event which is a firearm shooting competition to which paragraph (3) of subsection b. of section 14 of P.L.1979, c.179 (C.2C:58-6.1) applies;

N.J. Stat. Ann. § 2C:58-4.6

Firearms or other weapons in educational institutions.

Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

N.J. Stat. Ann. § 2C:39-5

Nat. Park Ferry Service to Liberty/Ellis Island & Statute of Liberty Monument

Prohibited Items on the Ferries and Park Property: ALL weapons, including firearms, ammunition, BB guns, compressed air guns, pellet guns, realistic replicas of firearms, starter pistols, flare guns, tasers, stun guns, shocking devices, throwing stars, hand cuffs and hand cuff keys, replica weapons, gun powder, gun and/or firearm parts, swords, sabers, billy clubs, black jacks, brass knuckles, martial arts weapons, night sticks, nunchucks, any dangerous items, any “dual-use” items that could be dangerous. All of these items are strictly prohibited on the ferry and in the park.

New Jersey Polling Places

It is a crime of the third degree for any person to carry a firearm at “a location being used as a polling place during the conduct of an election and places used for the storage or tabulation of ballots.”

As such, the possession of a firearm at a polling place in New Jersey is prohibited.

N.J. Stat. Ann. § 2C:58-4.6 (a)(5)

New Jersey law:

Requirements and restrictions on the lawful carrying of a handgun in public.

Except as permitted pursuant to N.J.S.2C:39-6, in addition to any criminal penalties under subsection b. of N.J.S.2C:39-5, sections 5 and 7 of P.L.2022, c.131 (C.2C:58-4.4 and C.2C:58-4.6), or any other law, it shall be a crime of the fourth degree for any person in a public place:

1. to carry a handgun concealed on or about their person, except as permitted in accordance with N.J.S.2C:39-6, without possessing on their person a valid and lawfully issued permit to carry under N.J.S.2C:58-4 and proof of the liability insurance required pursuant to section 4 of P.L.2022, c.131 (C.2C:58-4.3); or
2. to carry a handgun openly, whether or not in possession of a valid and lawfully issued permit to carry under N.J.S.2C:58-4 and proof of the liability insurance required pursuant to section 4 of P.L.2022, c.131 (C.2C:58-4.3).

N.J. Stat. § 2C:58-4.5

New Jersey law:
Firearms are also not permitted on:

• private property, including but not limited to residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a concealed handgun with a valid and lawfully issued permit under N.J.S.2C:58-4, provided that nothing in this paragraph shall be construed to affect the authority to keep or carry a firearm established under subsection e. of N.J.S.2C:39-6

New Jersey law:
The holder of a permit to carry a handgun shall not:

• use or consume alcohol, a cannabis item, or a controlled substance while carrying a handgun;
• be under the influence of alcohol, cannabis, or a controlled substance while carrying a handgun;

A violation of this subsection shall be a crime of the fourth degree, and any such violation shall constitute full and sufficient grounds for revocation of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4.

N.J. Stat. Ann. § 2C:58-4.4

A person may not knowingly possess a destructive device, including a firearm, in any of the following places, including in or upon any part of the buildings, grounds, or parking area of:

• a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises;
• a Class 5 Cannabis retailer or medical cannabis dispensary, including any consumption areas licensed or permitted by the Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24);

N.J. Stat. Ann. § 2C:58-4.6

New Jersey law:

1. A person, other than a person lawfully carrying a firearm within the authorized scope of an exemption set forth in subsection a., c., or l. of N.J.S.2C:39-6, who is otherwise authorized under the law to carry or transport a firearm shall not do so while in a vehicle in New Jersey, unless the handgun is unloaded and contained in a closed and securely fastened case, gunbox, or locked unloaded in the trunk of the vehicle.
2. A holder of a valid and lawfully issued permit to carry a handgun shall not leave a handgun outside of their immediate possession or control within a parked vehicle, unless the handgun is unloaded and contained in a closed and securely fastened case, or gunbox, and is not visible from outside of the vehicle, or is locked unloaded in the trunk or storage area of the vehicle.

Notwithstanding the provisions of subsections a. and b. of this section, the holder of a valid and lawfully issued permit to carry under N.J.S.2C:58-4 who is otherwise prohibited under this section from carrying a concealed firearm into the parking area of a prohibited location specified in subsection a. of this section shall be permitted to:

• transport a concealed handgun or ammunition within a vehicle into or out of the parking area, provided that the handgun is unloaded and contained in a closed and securely fastened case, gunbox, or locked unloaded in the trunk or storage area of the vehicle;
• store a handgun or ammunition within a locked lock box and out of plain view within the vehicle in the parking area;
• transport a concealed handgun in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving the handgun within a locked lock box in the vehicle's trunk or other place inside the vehicle that is out of plain view; and
• transport a concealed handgun between a vehicle parked within a prohibited parking lot area and a place other than a prohibited place enumerated in subsection a. of this section, provided that the person immediately

N.J. Stat. Ann. § 2C:58-4.6b

New Jersey law:
A person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control commits a disorderly persons offense if a minor gains access to the firearm, unless the person:

• Stores the firearm in a securely locked box or container;
• Stores the firearm in a location which a reasonable person would believe to be secure; or
• Secures the firearm with a trigger lock.

This section shall not apply:

• To activities authorized by section 14 of P.L. 1979, c.179, (C.2C:58-6.1), concerning the lawful use of a firearm by a minor; or
• Under circumstances where a minor obtained a firearm as a result of an unlawful entry by any person.

As used in this act, "minor" means a person under the age of 16.

N.J. Stat. Ann. § 2C:58-15

Liability insurance, handgun, public, carryingEvery private citizen who carries a handgun in public in this State shall maintain liability insurance coverage insuring against loss resulting from liability imposed by law for bodily injury, death, and property damage sustained by any person arising out of the ownership, maintenance, operation or use of a firearm carried in public wherein such coverage shall be at least in an amount or limit of $300,000.

N.J. Stat. Ann. § 2C:58-4.3

Safety requirements, handgun carry

The holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 shall not:

1. use or consume alcohol, a cannabis item, or a controlled substance while carrying a handgun;
2. be under the influence of alcohol, cannabis, or a controlled substance while carrying a handgun;
3. carry a handgun in public outside of a holster or carry a handgun in public in a holster that does not meet the requirements of subsection h. of N.J.S.2C:58-4;
4. carry more than two firearms under the permittee's control at one time; or
5. engage in an unjustified display of a handgun.

N.J. Stat. Ann. § 2C:58-4.4

 

Restrictions, public carrying, handgun

Except as otherwise permitted, it shall be a crime of the fourth degree for any person in a public place:

1. to carry a handgun concealed on or about their person without possessing on their person a valid and lawfully issued permit to carry and proof of the liability insurance required; or
2. to carry a handgun openly, whether or not in possession of a valid and lawfully issued permit to carry and proof of the liability insurance required.

N.J. Stat. Ann. § 2C:58-4.5

New Jersey law:

The holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4, if stopped or detained by a law enforcement officer while carrying a handgun in public or traveling with a handgun in a motor vehicle, shall:

• immediately disclose to the law enforcement officer that they are carrying a handgun or that a handgun is stored in the vehicle; and
• display the permit to carry a handgun issued pursuant to N.J.S.2C:58-4.

A holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 who is carrying a handgun in public and is detained by a law enforcement officer as part of a criminal investigation shall provide the handgun to the law enforcement officer upon request for purposes of inspecting the handgun.

The provisions of this subsection shall not be construed to affect or otherwise limit the authority of a law enforcement officer to conduct a lawful search or seizure.

N.J. Stat. Ann. § 2C:58-4.4(b)

New Jersey law:
Filing of temporary extreme risk protection order

Except as provided in subsection l. of this section, a petitioner may file a petition, as prescribed by the Administrative Director of the Courts, for a temporary extreme risk protective order in the court in accordance with the Rules of Court alleging that the respondent poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm. The petition shall be heard by the court in an expedited manner.

Petition forms shall be readily available at the courts, and at State, county, and municipal law enforcement agencies.

Prior to filing a petition with the court, a family or household member may request assistance from a State, county, or municipal law enforcement agency which shall advise the petitioner of the procedure for completing and signing a petition for a temporary extreme risk protective order. A law enforcement officer from the agency may assist the family or household member in preparing or filing the petition. This assistance may include, but not be limited to, providing information related to the factors set forth in subsection f. of this section, joining in the petition, referring the matter to another law enforcement agency for additional assistance, or filing the officer's own petition with the court.

N.J. Stat. Ann. § 2C:58-23

Final extreme risk protective order

1. A hearing for a final extreme risk protective order shall be held in the Superior Court in accordance with the Rules of Court within 10 days of the filing of a petition pursuant to subsection a. of section 4 of P.L. 2018, c. 35(C.2C:58-23). A copy of the petition shall be served on the respondent in accordance with the Rules of Court.
2. The county prosecutor shall produce in an expedited manner any available evidence including, but not limited to, evidence related to the factors enumerated in subsection f. of section 4 of P.L. 2018, c. 35(C.2C:58-23). If the court finds by a preponderance of the evidence at the hearing that the respondent poses a significant danger of bodily injury to the respondent's self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm, the court shall issue an extreme risk protective order.
3. When deciding whether to issue the order, the court shall consider the factors enumerated in subsection f. of section 4 of P.L. 2018, c. 35(C.2C:58-23), as well as any other relevant evidence.
4. An extreme risk protective order issued pursuant to this section shall prohibit the respondent from having custody or control of, owning, purchasing, possessing, or receiving a firearm. A respondent who is a law enforcement officer shall be subject to the provisions of subsection l. of section 4 of P.L. 2018, c. 35(C.2C:58-23).

N.J. Stat. Ann. § 2C:58-24

Termination of final extreme risk protective order

Upon request of the petitioner or respondent, in a form prescribed by the Administrative Office of the Courts, the court may terminate a final extreme risk protective order issued pursuant to section 5 of P.L. 2018, c. 35(C.2C:58-24) if:

1. the petitioner or respondent, as the case may be, has received notice in accordance with the Rules of Court;
2. the appropriate law enforcement agency and the county prosecutor have been notified; and
3. a hearing has been held by the court.

The petition for termination of the order may be filed at any time following the issuance of the order. During the hearing, the court shall consider the factors enumerated in subsection f. of section 4 of P.L. 2018, c. 35(C.2C:58-23), as well as any other relevant evidence including, but not limited to, whether the respondent has received, or is receiving, mental health treatment.

If the respondent petitioned for termination, the respondent shall bear the burden at the hearing of proving by a preponderance of the evidence that the respondent no longer poses a significant danger of causing bodily injury to the respondent's self or to other persons by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

N.J. Stat. Ann. § 2C:58-25

Surrender of firearms upon issuance of order

When a temporary or final extreme risk protective order is issued pursuant to sections 4 or 5 of P.L. 2018, c. 35(C.2C:58-23 or C.2C:58-24), the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition in the respondent's custody or control, or which the respondent owns or possesses, and any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun held by the respondent. The court also shall notify the respondent that the respondent is prohibited from purchasing firearms or ammunition or applying for a firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun.

N.J. Stat. Ann. § 2C:58-26 (a)

New Jersey law:
Use of Force Definitions

Reasonable Belief: An objective assessment based upon an evaluation of how a reasonable person with comparable training and experience would react to, or draw inferences from, the facts and circumstances confronting and known by the person at the scene. All use of force by a private citizen must be based on reasonable objective factors or inferences drawn from those factors at the moment force is used.

Imminent Danger: A threatened action or outcome that is immediately likely to occur during an encounter absent action by the private citizen. The period of time involved is dependent on the circumstances and facts evident in each situation and is not the same in all situations. The threatened harm does not have to be instantaneous, for example, imminent danger may be present even if a subject is not at that instant pointing a weapon at the private citizen, but is carrying a weapon and running for cover to gain a tactical advantage. Serious Bodily Harm: means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault.

Deadly Force: means force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle, building or structure in which another person is believed to be constitutes deadly force.A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force.

N.J. Stat. Ann. § 2C:3-11

Force and Deadly Force

Non-deadly force may be used to protect the private citizen against unlawful force.

Private citizens may only use deadly force when there is a reasonable belief that force is immediately necessary to protect the private citizen against the use of unlawful force by another person that may result in the private citizen’s death or serious bodily harm.

In determining which force option is reasonable under the circumstances, the private citizen must remember the general basic concepts in using force:

• If non-deadly force could reasonably be expected to accomplish the same objective as deadly force without unreasonably increasing the danger to the private citizen or others, then      non-deadly force, rather than deadly force, must be used.
• The use of deadly force is the absolute last resort.

Necessity: Conduct which would otherwise be an offense is justifiable by reason of necessity to the extent permitted by law and as to which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the justification claimed does not otherwise plainly appear.

N.J. Stat. Ann. § 2C:3-11, 2C:3-2

New Jersey Defense of Self Law

Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

Core Elements:

• Reasonable belief;
• Force is immediately necessary;
• For the purpose of protecting the private citizen against the use of unlawful force by another person on the present occasion.

Unlawful Force: means force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress, youth, or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.

N.J. Stat. Ann. § 2C:3-4

New Jersey law:

Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable to protect a third person when:

• The actor would be justified under section 2C:3-4 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; and
• Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
• The actor reasonably believes that his intervention is necessary for the protection of such other person.

Core elements:

• Reasonable belief;
• Force necessary to aid victim;
• Intervention is immediately necessary to aid victim;
• The use of such force would be justified as lawful self-defense if the private citizen was the intended victim.

N.J. Stat. Ann. § 2C:3-5

New Jersey  "Castle Doctrine"

A person is not required to retreat from their dwelling before using deadly force.

A resident may use non-deadly or deadly force upon an intruder who is unlawfully in a dwelling when the resident reasonably believes that the force is immediately necessary to protect themselves or other persons in the dwelling against the use of unlawful force by the intruder.

Reasonable belief exists when:

• the resident, to protect themselves or a third person, was in their own dwelling at the time of the offense or was privileged to be there and the encounter between the resident and the intruder was sudden and unexpected, compelling the resident to act instantly; and,
• the resident reasonably believed that the intruder would inflict personal injury upon the resident or others in the dwelling, or
• the resident demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.

An actor employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do or abstaining from any lawful action.

N.J. Stat. Ann. § 2C: 3-4c, 2C:3-6b

New Jersey law:

Use of force in defense of personal property. Subject to the provisions of subsection d. of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable when the actor reasonably believes it necessary to prevent what he reasonably believes to be an attempt by such other person to commit theft, criminal mischief or other criminal interference with personal property in his possession or in the possession of another for whose protection he acts.

Limitations on justifiable use of force in defense of personal property.

• Request to desist and exclusion of trespasser.
• The limitations of subsection b. (1) and (2) of this section apply.
• The use of deadly force in defense of personal property is not justified    unless justified under another provision of this chapter.

Only non-deadly force may be utilized to protect premises or personal property. Deadly force is never justified in such situations.

Core elements:

• Reasonable belief;
• Force is immediately necessary;
• to prevent or terminate a criminal trespass, with respect to premises,
• or a theft, criminal mischief or other criminal interference with respect to personal property.

But first, the person using force should order the intruder to stop, unless it would be useless, dangerous or substantial harm would be done to the property.

N.J. Stat. Ann. § 2C:3-6c

New Jersey law:

Justification an affirmative defense; civil remedies unaffected

In any prosecution based on conduct which is justifiable under this chapter, justification is an affirmative defense.

The fact that conduct is justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.

In State v. Rodriguez, 195 N.J. 165, 171-72 (2008), the Supreme Court held that a valid claim of self-defense “would entitle [a defendant] to an exoneration of criminal liability” on all charges relating to his or her alleged aggressor, including aggravated or reckless manslaughter or assault, because a “person who kills in the honest and reasonable belief that the protection of his own life requires the use of deadly force does not kill recklessly.”

However, “it is another question if the use of force to protect one’s self recklessly endangers innocent third parties….”  Id.; N.J.S.A. 2C:3-9c.

N.J. Stat. Ann. § 2C:3-1

New Jersey law:

A private citizen is not justified in using deadly force if the private citizen knows that he or she can avoid the necessity of using deadly force with complete safety by retreating.

N.J. Stat. Ann. § 2C:3-4

The duty to retreat applies in situations involving deadly force. A person may point a firearm at another where the need for self-protection is reasonably perceived and the person merely intends to create an apprehension in the aggressor that deadly force may be used. However, it is important that there be some justification for pointing a firearm at another person.

N.J. Stat. Ann. § 2C:3-11(b)

Knowingly pointing a firearm at another person without justification may constitute an aggravated assault.

N.J. Stat. Ann. § 2C:12-1(b)(4)

The law:The use of force is not justifiable under this section:

1. To resist an arrest which the actor knows is being made by a peace officer in the performance of his duties, although the arrest is unlawful, unless the peace officer employs unlawful force to effect such arrest; or
2. To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
   • The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
   • The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 2C:3-6; or
   • The actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm.

The use of deadly force is not justifiable under this section unless the actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm; nor is it justifiable if:

• The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or
• The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

• • The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor;

N.J. Stat. Ann. § 2C:3-4

You may humanely destroy a dog in self-defense, or a dog that is found chasing, worrying, wounding, or destroying any sheep, lamb, poultry, or domestic animal.

N.J. Stat. Ann § 4:19-9

If a dog bites you in a public place or a private place where you are lawfully present, the owner of the dog will be liable for damages you suffer from being bitten, regardless of how vicious the dog has been in the past.

N.J. Stat. Ann § 4:19-16

New Jersey Firearms Definitions

"Ammunition" means various projectiles, including bullets, missiles, slugs or balls together with fuses, propelling charges and primers that may be fired, ejected, projected, released, or emitted from firearms or weapons.

"Assault firearms" Definition

“Firearm or firearms" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm, which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

"Handgun" means any pistol, revolver, or other firearm originally designed or manufactured to be fired by the use of a single hand.

"Large capacity ammunition magazine" means a box, drum, tube or other container, which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. A large capacity ammunition magazine that has been permanently altered so that it is not capable of holding more than 15 rounds of ammunition will cease to be defined as a "large capacity ammunition magazine." An ammunition magazine, which has been temporarily blocked or modified from holding more than 15 rounds, as by a piece of wood or a pin, is still considered to be a "large capacity ammunition magazine.“

"Machine gun" means any firearm, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt, or other means of storing and carrying ammunition that can be loaded into the firearm, mechanism, or instrument and fired therefrom. A machine gun shall also include, without limitation, any firearm with a trigger crank attached.

N.J. Admin. Code § 13:54-1.2

Target practice, firearms, and fireworks.

1. A person shall not engage in target practice with any type firearm or bow and arrow on State Park Service property, except with written permission of the Director of the Division of Parks and Forestry or Assistant Director of the Division for the State Park Service.
2. A person shall not possess or discharge any firearm, pellet gun, paint gun, air soft gun, bow and arrow, slingshot or other weapon capable of injuring persons or wildlife while on State Park Service property without the specific approval of the Superintendent or designee. Hunters in compliance with the rules of the Division of Fish, Game and Wildlife and this chapter are excepted.

N.J. Admin. Code § 7:2-2.17

Reporting Loss/Theft of Handgun

The legal owner of a firearm, upon discovering that the firearm is lost or stolen,

shall report the loss or theft within 36 hours to the chief law enforcement officer of the municipality in which the loss or theft occurred or, if the municipality does not have a local police force, to the Superintendent of State Police.

A person who violates the provisions of this section shall be liable to a civil penalty of not less than $500 for a first offense, and not less than $1,000 for any second or subsequent offense.

N.J. Stat. Ann. § 2C:58-19

Assault with a Firearm

Simple Assault. A person is guilty of assault if the person:

• Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
• Negligently causes bodily injury to another with a deadly weapon; or
• Attempts by physical menace to put another in fear of imminent serious bodily injury.

Aggravated Assault. A person is guilty of aggravated assault if the person:

• Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
• Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
• Recklessly causes bodily injury to another with a deadly weapon; or
• Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes it to be loaded;

N.J. Rev. Stat. § 2C:12-1