Despite being neighboring states, Pennsylvania and New Jersey have wildly different laws regulating the possession and transfer of guns. As criminal defense lawyers, we want citizens to be educated on gun possession laws. The is the fourth article in a four-article series about gun possession in New Jersey
In this article, we examine some of the varying requirements and conditions each state has on the ownership, possession, sale, and transfer of firearms.
The Right to Bear Arms
The gun possession laws in Pennsylvania and New Jersey are completely different from each other. Each state in the United States is its own sovereign, for the most part, and free to make laws as they see fit, so long as the laws don’t violate the United States Constitution or other laws or agreements.
Pennsylvania boasts a rich tradition of firearm ownership, which is deeply embedded in its cultural fabric. The state’s constitution explicitly protects the right to bear arms, reflecting a strong affinity towards gun rights for its citizens. A resident of the Commonwealth can own a handgun, rifle, shotgun, or assault weapon without needing any form of buyer ID or permit. However, under the PA Uniform Firearms Act, the Commonwealth does restrict who can own firearms and limits their possession to the home or business without a permit.
Conversely, New Jersey has historically adopted a more restrictive stance on gun ownership. Driven by urban demographics and concerns over public safety, New Jersey’s lawmakers have crafted legislation aimed at curbing gun violence and ensuring tighter control over access to, and sale and transfer of firearms within the state’s borders. Generally speaking, the consequences of unlawful possession of a firearm are much more serious in New Jersey than in Pennsylvania.
People have to be extremely careful if considering traveling from state-to-state with a firearm. The reason is that one state’s firearm laws don’t apply in another state. For example, a person with a Pennsylvania Permit to Carry a Concealed Firearm cannot carry a firearm to New Jersey. It’s not like a driver’s license — the permit to carry is no good in other states. There is one exception to this, however. Some states have reciprocity agreements, which we’ll get into at a later time. Just remember for now that New Jersey has NO reciprocity agreements with other states for permits to carry.
Permitting and Licensing Requirements
One of the starkest differences between Pennsylvania and New Jersey lies in the requirements for gun possession, ownership, and the circumstances under which you may legally carry a firearm (permitting).
In Pennsylvania, obtaining a concealed firearm permit is relatively straightforward. After completing a background check and an interview, individuals can get a permit to carry that is valid across the state in a relatively short period of time.
Conversely, New Jersey’s process for obtaining a carry permit is notoriously rigorous. Applicants are subjected to stringent background checks. Individuals seeking to carry a handgun must undergo a permit application process facilitated by either the New Jersey State Police or local law enforcement. Applicants must take a firearm training course and pass a qualification test. Additionally, the application “shall be endorsed by not less than four reputable persons who are not related by blood or by law to the applicant and have known the applicant for at least three years.” N.J. Stat. § 2C:58-4.
Furthermore, New Jersey does not recognize out-of-state permits (i.e., no reciprocity agreements), which makes Pennsylvania permits useless. This is despite the high volume of people that travel between these two states on a daily basis!
Finally, concealed carry permits in Pennsylvania are good for five years, and concealed carry permits in New Jersey are only good for two years. It’s important that carry-permit holders take steps to renew their permits before their permits expire.
Firearm Registration and Transfer (Resale) Laws
Another area in which Pennsylvania and New Jersey differ is in their approaches to the process of firearm registration and the sale and transfer of firearms.
In Pennsylvania, there’s no statewide mandate for firearm registration for most types of firearms. While private sales of long guns don’t need a background check, the private sale of a handgun does require a background check and the completion of transfer paperwork.
On the contrary, New Jersey has implemented stringent registration and transfer laws to monitor the flow of firearms within the state. All handgun transfers, including private sales, must be conducted through licensed firearms dealers, ensuring thorough background checks and documentation at every transfer of a weapon. Additionally, New Jersey mandates the possession of a Firearms Purchaser Identification Card (FPIC) or a Permit to Purchase a Handgun (PPH) before acquiring a firearm. This adds an additional layer of bureaucracy for prospective gun owners.
Assault Weapons and Magazine Capacity Restrictions
Gun possession laws in Pennsylvania and New Jersey also greatly differ when it comes to the possession and sale of assault weapons and high-capacity magazines.
In Pennsylvania, there are relatively few restrictions on assault weapons (generally, fully automatic or burst-fire), and high-capacity magazines are also legal. Pennsylvania does not prohibit the possession or transfer of assault weapons.
In stark contrast, New Jersey enforces some of the nation’s strictest assault weapons and magazine capacity restrictions. New Jersey specifically defines what is an impermissible assault weapon. This can be found at N.J.S. 2C:39-1.w and N.J.A.C. 13:54-1.2. Generally, a weapon that is not listed specifically in the applicable statutes may also be considered an “assault firearm” if it possesses a combination of features including but not limited to a telescoping/folding stock, a bayonet mount, or a flash suppressor. This list is not exhaustive. There is also a 10-round fixed capacity magazine limit on semi-automatic rifles, or they are then considered assault weapons and governed by those particular regulations.
Remember, if you’re traveling to New Jersey, then any weapons you bring must be legal in New Jersey.
In response to a recent Supreme Court decision, New Jersey Governor Murphy signed a law banning the carrying of concealed weapons in various designated “sensitive spaces” such as schools, airports, and government buildings. That law was challenged in court, and a decision on its legality and enforceability is currently pending as of the time of this article.
Protect Your Rights and Your Freedom! Call Gun Possession Lawyers Today.
Regardless of state law, the right to bear arms is guaranteed by our constitution and we at Shuttleworth Law PC, believe each person has the right to self-protection. Our firm has extensive experience litigating on the issue of gun possession, ownership, and sale in both New Jersey and Pennsylvania.
Get a free case evaluation by calling 856-681-0185 or by messaging us confidentially online. We will carefully review the details of your case, assess the evidence against you, and develop a strategic defense for your specific situation. Our gun possession attorneys can meet with you in person or via secure video conferencing. Our offices are conveniently located on Mantua Pike in Wenonah, NJ, or by appointment in Pennsylvania.