Our firm is fully operational and working remotely in the midst of the Coronavirus impacting New Jersey. Please feel free to call us or contact us online for a free consultation with one of our lawyers.

New Jersey May Soon Mandate Gun Registration for New Residents

Moving to New Jersey with a Firearm? You May Soon Have to Register it

Proposed Gun Registration Bill NJ Soon, those entering the state may need to have legally acquired weapons in their home state and then apply for and be granted a Firearms Purchaser Identification Card (FPIC) through New Jersey’s state police to possess their guns in New Jersey legally. Currently, those out of state residents need only to have legally obtained a weapon in their home state to maintain legal possession in New Jersey, as long as the weapon is kept in their home or certain other eligible places. If they are just passing through New Jersey, they must follow the rules about transporting weapons, locked away and separated from ammunition. They are not currently required to register their gun. Firearms registration, meaning a completed form declaring how they legally acquired their gun, is voluntary. That is, for now and possibly not for long.

Bill 3686, introduced last year but recently approved by the State Assembly, seeks to amend what a prospective owner must do to own a firearm legally in New Jersey. Though the state has always required firearm purchaser identification cards, handgun purchaser permits, and carry permits to own and carry firearms, this bill now mandates further requirements for out-of-state firearms owners. In the current Assembly bill, out-of-state gun owners arriving in New Jersey would be required to register their firearms and obtain an FPIC within 30 days of moving to New Jersey. This requirement then allows the State Superintendent to circulate the registration among state law enforcement.

What would the Gun Registration Process Entail?

The amended section about out-of-state firearms owners aims to comply with current rules for state residents and expands into the realm of gun registration. The registration process includes identifying the firearms owner and the gun, such as the individual’s name and address and the firearm’s make, model, and serial number. Thus, registration links a firearm to a specific individual. The FPIC further assures legal gun ownership for new residents, as it disqualifies those who cannot have guns.

Who is Disqualified?

The process for in-state residents to get a permit to purchase a handgun or an FPIC to purchase firearms is unchanged. For both new residents and existing ones, the prospective purchaser must purchase through an authorized dealer, with limited exceptions for transactions between family members, collectors, and members of law enforcement. The dealer runs a background check, and the purchaser affirms that they are not among the categories prohibited to purchase or possess guns.

Those with certain conditions may not obtain or possess weapons. The law includes certain criminal convictions, domestic violence violations, drug or alcohol addiction, and mental disorders. It also includes those subject to restraining orders, age restrictions (under 18), juvenile delinquent gun charges, and physical defects that would make gun handling dangerous. And if you lose gun privileges due to domestic violence or the state finds other reasons that would make your gun possession a public threat, you may not get to own a weapon. If not disqualified, the applicant’s local police department’s chief of police can issue the handgun permit or FPIC.

Impacts of the Proposed Changes to Out of State Gun Holder Registration Laws in NJ

While the law makes sense from a fairness perspective since all people in New Jersey now follow the same rules, the new law may become a serious problem for those unaware. Those who legally obtained firearms in their home state may unwittingly believe they did all they had to do to be legal. Without awareness of the law change, they may not think they have to take extra steps in such a short time.

The new proposed law also burdens out-of-state firearms owners with registering all firearms they carry into the state, even ones that would be exempt for residents, like antique guns, relics, and inherited firearms. Moreover, while most people moving to a new state are more worried about getting settled in their new surroundings in the first month of moving, now new residents must beware of breaking laws they would never suspect existed. And since ignorance of the law has never been a viable excuse for breaking it, more gun charges and entanglement with the criminal justice system are almost inevitable.

If passed, unsuspecting weapons owners vulnerable to violating the bill requirements may not understand that weapons law violations in New Jersey are particularly serious business. The state is inclined to punish those who illegally possess or purchase a firearm further than most other states, namely, up to ten years in prison and a hefty fine. For those charged with gun crimes, becoming involved in the legal system can be a nightmare of time and money loss, and possibly loss of their freedom. But time and money losses continue beyond the court process conclusion for criminal violations involving weapons.

For some, illegally owning a gun in New Jersey may be their first encounter with the legal system that may leave them with a criminal record that haunts them for years afterward. Since background checks are standard for employment, occupational licensing, housing, financial aid, and university admissions, a criminal conviction may deprive individuals of their livelihood, education, or residence. That is, after serving a lengthy term of imprisonment, with a mandatory minimum sentence under The Graves Act.

Caught Unaware of NJ Requirements for Gun Owners?

If you moved to New Jersey with firearms you legally obtained elsewhere, you may want to pay careful attention to the fate of the aforementioned bill. In addition, if you get arrested, talk to a criminal defense attorney with extensive knowledge of gun laws to get a clearer picture of your options and potential penalties for the charges you’re facing. Prosecutors and judges do not take kindly to firearms offenses of any kind in NJ, so you need to be prepared to take the appropriate action to save yourself from potentially severe legal trouble. Contact our attorneys for immediate assistance if you have been charged with any type of weapons violation. You can call us anytime at (201)-556-1570 if you need criminal defense help at the ready.

Testimonials

  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map