A New Jersey firearm bill of sale is a record that shows a transfer of firearm ownership took place.
It is important to ensure that the firearm bill of sale is complete and that all required documentation is obtained to provide a legal and complete sale.
Every state has its laws and regulations governing the sale of firearms. New Jersey firearm laws are on the stricter end of the legislative spectrum.
New Jersey law prohibits the sale of a firearm to an individual unless seven days have passed since the date that they applied for the firearm permit.
Thus, a de facto seven-day waiting period exists to purchase a firearm.
Firearm laws: NJ Rev. Stat. § 2C:58-3, NJ Admin. Code § 13:54-1.3(a), NJ Admin. Code § 13:54-2.2
Restrictions: Yes
State permit to purchase: Yes
Registration of firearm: Yes
License to own: No
Assault weapon law: Yes
Magazine capacity restriction: Yes
Permit for concealed carry: Yes
Permit for open carry: Yes
How to Sell a Firearm Privately
Unless you sell a firearm to close family members, law enforcement personnel, or a licensed gun collector, the private sale in New Jersey must involve a licensed retail dealer or a permit to purchase (NJ Rev. Stat. § 2C:58-3).
Requirements
In New Jersey, specific documentation and registration are required of both the seller and buyer before the sale is valid:
Under NJ Admin. Code § 13:54-1.3(a), no person is permitted to purchase or receive a rifle or shotgun unless they have a valid firearms purchaser identification card.
An exception is if the buyer is a licensed or registered retail or wholesale firearms dealer.
Or, if the firearm is an antique rifle or shotgun, then a firearms purchaser identification card is not required.
Also, under New Jersey law (NJ Admin. Code § 13:54-1.3(b)), no person is permitted to purchase or receive a handgun unless permitted to buy it.
An exception is if the purchaser is a licensed or registered retail or wholesale dealer.
Restrictions
The following persons are prohibited from owning a firearm under New Jersey law:
- Age. A person must be at least 18 years old for a firearms purchaser identification card and at least 21 years old for a handgun permit.
- Convicted of a Crime. Anyone convicted of a crime or its felony counterpart in any other state or a disorderly person’s offense in New Jersey or the equivalent in another state.
- Mental disorder. Any person committed to a mental illness or undergoing treatment may not own a firearm in New Jersey.
- Physical defect or disease. Any person with a physical defect or illness that would make it unsafe to operate a firearm is not permitted to have one.
- Drug or substance abuse. Anyone with a drug, alcohol, or substance abuse problem cannot purchase a firearm in New Jersey unless they provide documentation by a medical professional or other proof that they are not suffering mentally because of the disability.
- Public health, safety, or welfare. Gun ownership is restricted for those for whom the issuance of a gun would not be in the interest of public health, safety, or welfare because they lack the essential character of temperament to operate a firearm competently.
- Restraining Order. If a person is subject to or has violated a temporary or final domestic violence restraining order, they will be prohibited from possessing a firearm.
- Juvenile Offense. Certain juvenile offenses prohibit an individual from purchasing a firearm.
Other prohibitions on firearm purchase in New Jersey are found in N.J. Rev. Stat. § 2C:58-3.
Firearm Inheritance Laws
Under New Jersey law (NJ Rev. Stat. § 2C:58-3(j)), a firearm purchase permit and/or firearms purchaser identification card is not required to pass on a firearm upon the death of an owner to their heir or legatee either by testamentary bequest or by the laws of intestacy.
NJ Rev. Stat. § 2C:58-3C to receive the firearm cannot otherwise be prohibited by the heir or legatee.
If the heir or legatee is not eligible to possess the firearm, they can retain it for up to 180 days.
Registration
Actual registration of a gun in New Jersey is not required.
However, all individuals who buy a firearm in New Jersey must have been issued a permit. This serves as the register of firearms in New Jersey.
Concealed and Open Carry Permit
NJ Admin. Code § 13:54-2.2 mandates that no person can carry a handgun without a permit to carry a handgun (PCH), except for certain persons described in N.J. Rev. Stat. § 2C:39-6.
Concealed and open carry of a firearm require a PCH.
Specific transports do not require a PCH, such as a transfer from one’s residence to a business or a transfer from one’s residence or business to repair the firearm.
But New Jersey transport laws must be followed. This law mandates the firearm must be unloaded and in a closed and locked case, in a gun box, tied package, or in the trunk of the car.
How to Apply
An individual can apply for a PCH at their local police station.
Step 1 – Fill Out Application
Complete an Application for Permit to Carry a Handgun. This form must be notarized.
Step 2 – Get Trained
Submit proof that you are competent in using a handgun and have completed firearm training in compliance with N.J.A.C. §13:54-2.4..
Step 3 – Take Photos
Attach two passport-style photos to your application.
Step 4 – Submit References
Note three personal references not related to you by blood or law.
Step 5 – Consent to Health Records Search
Submit a completed Consent for Mental Health Records Search Form
Step 6 – Get Fingerprinted
All applications must submit to fingerprinting.
Step 7 – Pay Fees
You must submit payment of application fees with your documentation.
The PCH is valid for two years, and then the individual must repeat the application process.
Open Carry
Open carry is allowed only with a PCH. However, it is generally not practiced except by security officers and others who carry firearms for work.
Gun Reciprocity
New Jersey does not extend reciprocity in accordance with N.J. Stat. Ann. § 2C:58-4. In other words, it does not recognize the firearms permits of other states.
For example, New Jersey would not recognize a New York carry permit.
On the other hand, some states do recognize New Jersey carry permits, some with restrictions. Other states do not recognize New Jersey carry permits.
States that currently recognize New Jersey carry permits:
- Alabama
- Arkansas
- Georgia
- Idaho
- Indiana
- Minnesota
- Mississippi
- Montana
- New Hampshire
- North Carolina
- Ohio
- South Dakota
- Vermont
- Virginia
States that currently recognize New Jersey carry permits with restrictions:
- Alaska
- Arizona
- Iowa
- Kansas
- Kentucky
- Maine
- Michigan
- Missouri
- Oklahoma
- Tennessee
- Texas
- Utah
- West Virginia
- Wyoming
States that do not recognize New Jersey carry permits:
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Louisiana
- Maryland
- Massachusetts
- Nebraska
- Nevada
- New Mexico
- New York
- North Dakota
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- Washington
- Washington, DC
- Wisconsin
New Jersey Firearm Bill of Sale Sample
Below is an example of a New Jersey firearm bill of sale.
