New Jersey’s magazine capacity law caps semi-automatic firearm magazines at 10 rounds. Any magazine capable of holding more than 10 rounds is a “large capacity ammunition magazine” under state law, and simply possessing one is a fourth-degree crime carrying up to 18 months in prison and a $10,000 fine.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices The limit dropped from 15 rounds to 10 in 2018.
What Counts as an Illegal Magazine
N.J.S.A. 2C:39-1(y) defines a large capacity magazine as any box, drum, tube, or other container that can hold more than 10 rounds feeding continuously and directly into a semi-automatic firearm.2FindLaw. New Jersey Code 2C:39-1 – Definitions The test is physical capacity, not what happens to be loaded. A 15-round magazine is illegal even when empty. Both detachable and fixed magazines are covered.
One carve-out matters: an attached tubular device that holds only .22 caliber rimfire ammunition is excluded from the definition.2FindLaw. New Jersey Code 2C:39-1 – Definitions A semi-automatic .22 rifle with a fixed tubular magazine over 10 rounds is fine. Detachable box magazines for .22 firearms are not.
Penalties for Possession
Knowing possession is a fourth-degree crime under N.J.S.A. 2C:39-3(j).1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices Prosecutors do not have to prove any intent to use it in a crime. Having the magazine in your home, car, or on your person is enough.
A conviction exposes you to up to 18 months in prison,3Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime a fine of up to $10,000 per offense,4Justia. New Jersey Code 2C:43-3 – Fines and Restitutions and a permanent criminal record that can affect employment, licensing, and civil rights.
Manufacturing, transporting, shipping, or selling a large capacity magazine for non-military, non-law-enforcement use is a separate fourth-degree offense under N.J.S.A. 2C:39-9(h), with the same penalty range.5New Jersey Legislature. P.L. 2019, c.165
The Federal Firearms Consequence
The state penalty is not the end of it. Federal law bars anyone convicted of a crime “punishable by imprisonment for a term exceeding one year” from possessing any firearm or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because a fourth-degree crime carries up to 18 months, a magazine conviction can trigger a lifetime federal firearms ban under 18 U.S.C. § 922(g)(1).
What matters for the federal ban is the maximum sentence the offense carries, not the sentence a judge actually imposes. A person could receive probation on the state charge and still lose the right to own any firearm anywhere in the United States.
How to Bring a Non-Compliant Magazine Into Compliance
If you own magazines that hold more than 10 rounds, you have three lawful options. Keeping a non-compliant magazine in a closet is not a gray area. It is a chargeable offense right now.
Permanent Modification
You can permanently modify a magazine so it will not accept more than 10 rounds. Under N.J.A.C. 13:54-1.2, “permanently” is strict. A removable plug, a piece of wood, or a pop-out pin does not qualify. Acceptable methods include epoxying, riveting, or welding the internal limiter so the magazine cannot be restored to its original capacity.7New Jersey Legislature. Bill A2761
Voluntary Surrender
You can surrender magazines to law enforcement, but there is a specific process. N.J.S.A. 2C:39-12 requires written notice to the superintendent of the State Police or your municipal chief of police before you show up, stating the proposed date and time of surrender. The agency must receive the notice before any charges are filed or any investigation has begun.8Justia. New Jersey Code 2C:39-12 – Voluntary Surrender Following that procedure shields you from prosecution. Walking into a station unannounced with prohibited magazines may not.
Transfer Out of State
You may transfer magazines to a licensed firearms dealer or to a person in a state where the magazines are legal. Keep receipts or shipping records. That paper trail is your proof of compliance if questions arise later.
Who Is Exempt
Exemptions exist for military and law enforcement, and the details depend on status. There is no exemption for private civilians on grounds of home defense, sport shooting, or self-defense need.
Members of the Armed Forces and National Guard are exempt while on duty or traveling between duty stations with authorized weapons. Federal, state, county, and municipal officers are exempt while performing official duties.9Justia. New Jersey Code 2C:39-6 – Exemptions
An off-duty officer may possess a magazine holding up to 17 rounds. If the department-issued service firearm uses a larger magazine, that is also permitted, but only with the specific weapon issued for official duties.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices The exemption tracks the equipment, not the person. A personally owned firearm remains subject to the 10-round civilian limit.
Retired officers authorized to carry a handgun under N.J.S.A. 2C:39-6(l) may possess magazines holding up to 15 rounds for a semi-automatic handgun.10Justia. New Jersey Code 2C:39-17 – Retired Law Enforcement Officers Permitted to Possess, Carry Certain Ammunition That is lower than the 17-round off-duty allowance and applies only to handguns.
Driving Through New Jersey
Travelers from states without magazine limits often assume the federal safe-passage rule covers a drive through New Jersey. It may not. The Firearm Owners Protection Act at 18 U.S.C. § 926A allows transporting a firearm through a state where you could not otherwise possess it, provided the gun is unloaded, inaccessible from the passenger compartment, and legal at both origin and destination.11Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
The statute references “firearm” and “ammunition” but not magazines or accessories.11Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms Whether a large capacity magazine falls within its protection is unsettled. If you are passing through, the safer approach is to leave non-compliant magazines behind or ship them separately to your destination.
Pending Court Challenge
The 10-round limit has been challenged in Association of New Jersey Rifle & Pistol Clubs v. Platkin. A federal district court granted a partial preliminary injunction in July 2024, and cross-appeals went to the Third Circuit with oral argument scheduled for mid-2025. As of early 2026, the 10-round cap remains enforceable. Possession is prosecutable unless and until a court issues a final order blocking enforcement.