Under New Jersey’s large capacity magazine law, N.J.S.A. 2C:39-3j, it is a fourth-degree crime to knowingly possess any magazine capable of feeding more than 10 rounds continuously into a semi-automatic firearm. A conviction carries up to 18 months in prison and a fine of up to $10,000. Narrow exceptions exist for certain registered firearms, active and retired law enforcement, military personnel on duty, and licensed dealers.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
What Counts as a Large Capacity Magazine
The statute defines a large capacity ammunition magazine as any box, drum, tube, or similar container that can hold more than 10 rounds and feed them continuously and directly into a semi-automatic firearm. The 10-round ceiling applies whether the magazine is detachable or fixed, and whether it was sold separately or came in the box with the firearm.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
This is where many gun owners get caught out. Standard factory magazines for common handguns and rifles routinely hold 15, 17, or 30 rounds. A magazine that is unremarkable in most other states becomes a fourth-degree criminal offense the moment it crosses into New Jersey, unless one of the statute’s narrow exceptions applies.
Who Can Legally Possess One
There are two registration-based paths and several categorical exemptions.
Registered Firearms
If you registered an assault firearm under N.J.S.A. 2C:58-12, you may keep the large capacity magazine, but only for use in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the U.S. Department of the Army. That exception does not cover general range practice, home defense, or carrying the magazine around.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
The second path is the 2018 grandfather provision under N.J.S.A. 2C:39-20. If you registered a firearm with a fixed or detachable magazine holding up to 15 rounds during that specific registration window, that magazine is permitted. If you missed the deadline, this exception is closed to you.
Military Personnel
Members of the U.S. Armed Forces and the National Guard may possess large capacity magazines while on duty or traveling between duty locations, provided possession is authorized under applicable military orders or regulations.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
Law Enforcement Officers
On-duty federal, state, and local officers are exempt when possession is authorized by law or by law enforcement orders. Off duty, the rule splits by capacity:
- Any officer may carry a magazine holding up to 17 rounds off duty.
- Above 17 rounds, the magazine may only be carried off duty if it is used with a service firearm issued by the officer’s employer for official duties.
Retired officers holding a valid retired officer permit to carry a handgun may also qualify, subject to conditions set by the Superintendent of State Police.2Justia. New Jersey Code 2C:39-6 – Exemptions
Licensed Firearms Dealers
Licensed retail and wholesale dealers may possess large capacity magazines at their licensed premises for sale to other licensed dealers, the Armed Forces, the National Guard, or law enforcement agencies. Sales to police agencies require written authorization from the agency’s chief and a record filed with the Superintendent of the Division of State Police within 48 hours.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
Penalties for a Conviction
A violation of 2C:39-3j is a crime of the fourth degree, punishable by up to 18 months in a state correctional facility and a fine of up to $10,000.3Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime4Justia. New Jersey Code 2C:43-3 – Fines and Restitutions
First-time offenders benefit from a presumption of non-incarceration for third- and fourth-degree crimes under N.J.S.A. 2C:44-1(e). In practice, a first offense often results in probation rather than prison. The presumption is a starting point, though, not a guarantee. A judge can depart from it based on the facts, and any conviction leaves a permanent criminal record that affects future employment and firearm rights in New Jersey and elsewhere.
Transporting Firearms and Magazines
Anyone moving a firearm under a lawful exemption must keep it unloaded and stored in a closed and fastened case, a gunbox, a securely tied package, or locked in the vehicle’s trunk. The route may include only deviations reasonably necessary under the circumstances.2Justia. New Jersey Code 2C:39-6 – Exemptions
Federal law adds a layer for travelers passing through the state. Under 18 U.S.C. § 926A, a person who may lawfully possess a firearm and ammunition at both origin and destination may transport those items through any state, provided the firearm is unloaded and neither the firearm nor ammunition is readily accessible from the passenger compartment. In a vehicle without a separate trunk, both must be in a locked container other than the glove compartment or console.5Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms
The federal safe-passage protection is narrower than it sounds. It covers you only while you are in transit. Overnight stays, sightseeing, or anything beyond a brief fuel or rest stop in New Jersey can strip the protection and drop you back under the state’s magazine ban.
For air travel, TSA rules require ammunition to be packed only in checked baggage and declared to the airline at the ticket counter. Ammunition is never permitted in carry-on. Individual airlines may add restrictions or fees.6Transportation Security Administration. Transporting Firearms and Ammunition TSA compliance does not override state law. If you possess a magazine holding more than 10 rounds on New Jersey soil and no exemption applies, you are committing a state crime regardless of where you are headed.
How the Magazine Rule Differs From the Ammunition Ban
The magazine-capacity rule in subsection j is separate from New Jersey’s ammunition-type restrictions in subsection f of the same statute, which prohibit hollow-nose and armor-piercing ammunition. Subsection f allows hollow-nose ammunition at home or on land you own, and permits direct transport from the place of purchase to your residence.1Justia. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
The two provisions operate independently. You can be carrying perfectly legal ammunition in a perfectly legal firearm and still face a fourth-degree charge if the magazine holds more than 10 rounds. Violating both provisions at once could produce separate charges.