The New Jersey assault weapons ban prohibits dozens of firearms by name, any semi-automatic weapon “substantially identical” to those models, certain semi-automatic shotguns and fixed-magazine rifles, bump stocks, and ammunition magazines that hold more than ten rounds. Knowingly possessing a banned firearm is a second-degree crime punishable by five to ten years in prison. A registration window in 1990 and a compliance window in 2018 have both closed, so the law now leaves owners of restricted weapons with a very narrow set of legal options.
Which Firearms Are Banned
The statute at N.J.S.A. 2C:39-1(w) works in three layers. It names specific models. It sweeps in look-alikes through a feature test. And it independently restricts a few categories of shotguns, rifles, and accessories.
The Named List
Several dozen makes and models are banned by name regardless of any modification. The list includes the Avtomat Kalashnikov (AK) series, all Colt AR-15 and CAR-15 variants, the Armalite AR-180, the Beretta AR-70 and BM59, the Bushmaster Assault Rifle, the Steyr AUG, the FN-FAL and FN-LAR families, and the Uzi series. Revolving-cylinder semi-automatic shotguns like the Streetsweeper and Striker 12 appear on the list, along with the Intratec TEC-9 and MAC-10 and MAC-11 variants. The M1 Carbine type, SKS with detachable magazine, and several Valmet and SIG models also fall within it.1Justia. New Jersey Code 2C:39-1 – Definitions
What controls here is the model on the receiver, not the current configuration. Swapping the stock or removing a feature does not remove a Colt AR-15 from the banned list.
The Substantially Identical Test
A firearm that is not on the named list can still qualify as an assault firearm if it is “substantially identical” to a listed model.1Justia. New Jersey Code 2C:39-1 – Definitions Attorney General guidelines set out a feature-based analysis that differs by firearm type.2New Jersey Division of Criminal Justice. Guidelines Regarding the Substantially Identical Provision in the State’s Assault Firearms Laws
A semi-automatic rifle that accepts a detachable magazine counts as an assault firearm if it has at least two of these features: a folding or telescoping stock; a pistol grip that protrudes noticeably beneath the action; a bayonet mount; a flash suppressor or threaded barrel designed to accept one; or a grenade launcher. One feature by itself does not trigger this provision.
A semi-automatic pistol with a detachable magazine is banned if it has at least two of these: a magazine that attaches outside the pistol grip; a threaded barrel capable of accepting an extender, flash suppressor, forward handgrip, or silencer; a barrel shroud that lets the shooter hold the barrel without being burned; an unloaded weight of 50 ounces or more; or a semi-automatic version of a fully automatic firearm.2New Jersey Division of Criminal Justice. Guidelines Regarding the Substantially Identical Provision in the State’s Assault Firearms Laws
Shotguns, Fixed-Magazine Rifles, and Bump Stocks
Three separate categories are easier to trigger than the two-feature test. A semi-automatic shotgun is an assault firearm if it has any one of these: a magazine capacity over six rounds, a pistol grip, or a folding stock. A single feature is enough.
A semi-automatic rifle with a fixed magazine holding more than ten rounds is also banned, with an exception for rifles whose attached tubular device operates only with .22 caliber rimfire ammunition. Any firearm with a bump stock attached is an assault firearm, and the statute reaches parts, or combinations of parts under one person’s control, that could be readily assembled into a banned weapon.1Justia. New Jersey Code 2C:39-1 – Definitions
The Ten-Round Magazine Limit
A “large capacity ammunition magazine” is any box, drum, tube, or other container capable of holding more than ten rounds and feeding them continuously into a semi-automatic firearm. Attached tubular devices that hold only .22 caliber rimfire ammunition are exempt.1Justia. New Jersey Code 2C:39-1 – Definitions
The limit dropped from fifteen rounds to ten in 2018. Possessing a magazine that exceeds the cap is a fourth-degree crime,3Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices carrying up to eighteen months in prison and a fine of up to $10,000.4FindLaw. New Jersey Code 2C:43-3 – Fines and Restitutions The penalty applies per magazine.
Capacity is what matters, not what is loaded. A thirty-round magazine with five rounds in it is still illegal. So is any magazine that can be readily restored or converted to hold more than ten rounds.
What Possession Costs You
Knowingly possessing an assault firearm is a second-degree crime unless the firearm is licensed under N.J.S.A. 2C:58-5, registered under the 1990 program, or rendered permanently inoperable.5Justia. New Jersey Code 2C:39-5 – Unlawful Possession of Weapons A second-degree crime carries five to ten years in prison.6Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime
The prosecution must prove you knew you possessed the firearm. Not knowing that the firearm is classified as an assault weapon is not a defense. Inherited rifles sitting untouched in a closet have produced second-degree charges.
If You Already Own One
The 1990 law opened a one-year window to register assault firearms purchased on or before May 1, 1990. Registration was limited to firearms the Attorney General determined were used for legitimate target shooting, with the Colt AR-15 named in the statute as an example. Owners had to file a state form listing make, model, and serial number, pay $50 per firearm, present a valid firearms purchaser identification card, and show membership in a rifle or pistol club that pre-dated the law.7Justia. New Jersey Code 2C:58-12 – Registration of Assault Firearms
Owners who did not register could instead render the firearm permanently inoperable. That required altering the gun so it could not be immediately fired, giving up any parts needed to restore it, and filing a certification with the local police chief or the Superintendent of State Police documenting the date of the alteration.8FindLaw. New Jersey Code 2C:58-13 – Assault Firearms, Rendering Inoperable
Both windows are closed. If you find today that you possess an unregistered assault firearm, your realistic options are to voluntarily surrender it to law enforcement or transfer it out of state to someone legally entitled to possess it. Keeping it is a second-degree crime no matter how you came to have it.
The 2018 magazine reduction gave owners until December 10, 2018 to comply, with no grandfather clause. Owners could permanently modify the magazine so it held no more than ten rounds through riveting, welding, or similar irreversible alterations; surrender it; transfer it out of state; or store it with a licensed dealer in New Jersey. The statute also allowed registration of firearms with magazines holding up to fifteen rounds through a separate provision.3Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
Narrow Legal Paths
Superior Court License
N.J.S.A. 2C:58-5 provides a court-issued license to possess an assault firearm. You apply in Superior Court in the county where you live or do business, explain in detail why you need the license, and wait while the county prosecutor investigates. The Superintendent of State Police and the local police chief are notified and can oppose the application.9Justia. New Jersey Code 2C:58-5 – Licenses to Possess and Carry Machine Guns and Assault Firearms
The court must find that “public safety and welfare so require” the license. You also have to meet the qualifications for a handgun carry permit. If granted, the license comes with any conditions the court sets and expires after a set period, typically one to two years, with renewal following the same process. The filing fee is $75. These licenses are rarely issued to private citizens and exist mainly for specialized commercial or institutional purposes.
Professional Exemptions
Exemptions are narrow and tied to duty. Active-duty members of the U.S. Armed Forces and National Guard are covered while on duty or traveling between duty stations with authorized weapons. Federal law enforcement officers required to carry, State Police, county and municipal officers, sheriff’s officers, prosecutors’ investigators, and other sworn personnel also qualify.10Justia. New Jersey Code 2C:39-6 – Exemptions
Licensed retail firearms dealers and manufacturers are exempt to the extent necessary for their business. They must hold a valid New Jersey retail dealer license, keep detailed transaction records, and sell restricted items only to buyers who qualify for an exemption or hold proper permits.11Justia. New Jersey Code 2C:58-2 – Licensing of Retail Dealers and Their Employees Private security contractors do not generally qualify.
Rules for Registered Assault Firearms
Owners who did register an assault firearm during the 1990 window still face restrictions on use and transport. The firearm may be used only at authorized target ranges. During transport it must be unloaded, carried in a closed and fastened case or locked in the trunk, and kept separate from ammunition. Deviating from a direct route to or from the range can create legal exposure. Standard New Jersey firearm transport requirements apply on top of these rules.
Where the Law Stands Now
The U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen and its 2024 follow-up in United States v. Rahimi reshaped how courts evaluate firearms laws, requiring the government to show a “relevantly similar” historical analogue when a regulation burdens Second Amendment conduct. Lower courts have split on assault weapon bans. In August 2024 the Fourth Circuit upheld Maryland’s ban in Bianchi v. Brown, finding the covered weapons are military-style firearms “ill-suited and disproportionate to the need for self-defense.”12Congress.gov. Supreme Court Declines Review of Decision Upholding Assault Weapons Ban Petitions challenging state assault weapon and magazine bans in several states remain pending before the Supreme Court. New Jersey’s law remains in full effect and is actively enforced.