A New Jersey “Other” firearm is a gun built to sit outside the state’s legal definitions of rifle, handgun, and shotgun: it has an overall length greater than 26 inches, no shoulder stock, and a vertical foregrip that requires two-handed operation. Because it fits none of the three defined categories, most of New Jersey’s feature-based firearm restrictions do not reach it. The 10-round magazine cap still does, home-built versions are effectively banned, and no permit authorizes carrying one in public. Every physical detail of the build matters, and a single wrong part can turn a lawful “Other” into a felony weapons charge.
What Makes a Firearm an “Other” in New Jersey
Three design features must all be present, at all times, for the classification to hold:
- Overall length greater than 26 inches. Drop below that line and the firearm becomes either a sawed-off shotgun under N.J.S.A. 2C:39-1 or a restricted item under the federal National Firearms Act.1Office of the Law Revision Counsel. 26 USC 5845 – Definitions2New Jersey Revised Statutes. New Jersey Code 2C:39-1 – Definitions
- No shoulder stock. Any stock makes the firearm designed to be fired from the shoulder, which turns it into a rifle. Most “Others” use a pistol brace on the buffer tube instead. The ATF’s 2023 rule reclassifying braced firearms as short-barreled rifles was vacated by multiple federal courts and formally proposed for rescission, so braces remain legal at the federal level.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Repeal
- A vertical foregrip mounted forward of the trigger guard. This signals two-handed operation and prevents the weapon from meeting the handgun definition.
p>The receiver’s history also counts. If a manufacturer originally assembled it as a rifle or pistol, the firearm keeps that legal identity even after modification. A legitimate “Other” starts life either as a virgin receiver or as a complete “Other” sold by the manufacturer in that configuration.
Why the Category Exists
New Jersey defines a rifle as a firearm designed to be fired from the shoulder using a fixed metallic cartridge, a handgun as a firearm originally designed to be fired with a single hand, and a shotgun as a firearm firing through a smooth bore.2New Jersey Revised Statutes. New Jersey Code 2C:39-1 – Definitions A firearm built without a shoulder stock, requiring two hands, and using a rifled barrel matches none of these. New Jersey law does not name or separately regulate this residual class, which is what makes the category useful.
The state’s assault firearm law under N.J.S.A. 2C:39-1(w) lists specific named firearms like the Colt AR-15 series, weapons “substantially identical” to them, and applies feature-based tests to semi-automatic rifles and shotguns.2New Jersey Revised Statutes. New Jersey Code 2C:39-1 – Definitions Features that are flatly prohibited on a New Jersey-compliant rifle, such as a collapsible stock, pistol grip, flash hider, or threaded barrel, can appear on an “Other” because those restrictions target weapons already classified as rifles, shotguns, or handguns.
The “substantially identical” language is broad, and a prosecutor could argue a particular AR-platform “Other” resembles a named banned firearm closely enough to qualify as an assault firearm. No published New Jersey appellate decision has resolved the question. Keeping the firearm clearly outside rifle configuration is the strongest defense against that argument.
The 10-Round Magazine Limit Still Applies
New Jersey defines a large capacity ammunition magazine as any container that can hold more than 10 rounds and feed them continuously into a semi-automatic firearm.2New Jersey Revised Statutes. New Jersey Code 2C:39-1 – Definitions Possession is a fourth-degree crime, punishable by up to 18 months in prison.4New Jersey Revised Statutes. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
The prohibition targets the magazine itself, not the type of firearm feeding it, so the “Other” classification provides no exemption. Every semi-automatic “Other” in the state must run 10-round magazines or smaller. If you’re buying from an out-of-state manufacturer, confirm the included magazine complies before bringing it into New Jersey. Many factory magazines exceed the state cap.
Buying One Legally
Purchasing an “Other” from a licensed New Jersey dealer requires a Firearms Purchaser Identification Card, the same credential used for long guns.5New Jersey State Police. Firearms Application and Registration System Instructions for NJ Residents The statutory minimum age for an FPIC is 18, and applicants must clear the standard eligibility screening: no felony convictions, no active restraining orders, no disqualifying mental health commitments, and no substance use disorders, among other requirements.6New Jersey Revised Statutes. New Jersey Code 2C:58-3 – Permits to Purchase and Identification Cards
Because “Others” sit outside the defined categories, no age rule is written specifically for them. Many dealers apply a 21-year minimum as a precaution, treating “Others” like handguns. Confirm the policy before making the trip.
At the counter, the dealer completes ATF Form 4473. Question 24 asks for the category of firearm being transferred, and the correct selection is “Other Firearm.”7Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Check the paperwork before you leave. If it’s marked as a rifle or handgun, that misclassification follows the firearm and can cause problems in any later inspection or legal proceeding. New Jersey also runs its own background check through the State Police NICS unit and charges a $15 state fee on top of whatever the dealer bills for the transfer.
Where You Can and Can’t Take It
New Jersey’s concealed carry permit is a Permit to Carry a Handgun, and by statute authorizes the holder to carry “a handgun in a holster concealed on their person.”8New Jersey Revised Statutes. New Jersey Code 2C:58-4 – Permits to Carry Handguns An “Other” is not a handgun. The permit does not cover it, and the state has no equivalent permit for carrying non-handgun firearms.
Lawful possession is limited to your home, your place of business, authorized shooting ranges, and properly conducted transport between those locations. Transport rules under N.J.S.A. 2C:39-6 require the firearm to be unloaded and kept in a closed, fastened case, gun box, securely tied package, or locked in the vehicle’s trunk.9New Jersey Revised Statutes. New Jersey Code 2C:39-6 – Exemptions The route should be reasonably direct, with only necessary stops. A detour to run errands with a cased “Other” in the trunk can turn a lawful transport into a possession charge if the stop goes wrong.
Anyone assuming that a compact “Other” build is practical for personal defense outside the home is setting up a serious criminal charge.
Home Storage and Home Building
Firearms in New Jersey homes must be stored unloaded in a gun safe or securely locked container, with ammunition kept separately in its own locked container. A first violation of the safe storage law carries mandatory community service. If someone else accesses an improperly stored firearm and causes serious injury or death, the owner faces a fourth-degree crime punishable by up to 18 months in prison.
Home building is effectively banned. Under N.J.S.A. 2C:39-9(k), anyone who is not a licensed manufacturer and who purchases or obtains an unserialized frame or receiver, or parts from which an unserialized firearm can be assembled, commits a second-degree crime. The statute reaches unfinished frames and receivers, so partially completed “80%” receivers are covered. There is no personal-use exception like the one in federal law. Using a 3D printer to produce a firearm, receiver, or firearm component without a manufacturing license is also a second-degree crime.10New Jersey Revised Statutes. New Jersey Code 2C:39-9 – Manufacture, Transport, Disposition, and Defacement of Weapons A second-degree crime carries five to ten years in state prison.11New Jersey Revised Statutes. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime If you want an “Other” in New Jersey, buy it from a licensed dealer as a factory-complete firearm or a serialized receiver.
Penalties When a Build Goes Wrong
Removing or changing any single defining feature can collapse the classification and expose the owner to escalating charges:
- Possessing a sawed-off shotgun (overall length under 26 inches) is a third-degree crime.4New Jersey Revised Statutes. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
- Unlawful possession of a handgun, if the “Other” loses its vertical grip or otherwise becomes a one-handed weapon, is a second-degree crime carrying five to ten years in prison.12New Jersey Revised Statutes. New Jersey Code 2C:39-5 – Unlawful Possession of Weapons11New Jersey Revised Statutes. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime
- Possessing an assault firearm, if the weapon is found substantially identical to a named banned model, is a second-degree crime.12New Jersey Revised Statutes. New Jersey Code 2C:39-5 – Unlawful Possession of Weapons
- Possessing a large capacity magazine over 10 rounds is a fourth-degree crime punishable by up to 18 months.4New Jersey Revised Statutes. New Jersey Code 2C:39-3 – Prohibited Weapons and Devices
A properly configured “Other” possessed only at authorized locations triggers none of these charges. The margin for error is thin. Swapping out the vertical grip at the range, adding a stock temporarily to see how it feels, or shortening the barrel without rechecking overall length can each turn a legal firearm into a serious felony. New Jersey does not offer intent-based defenses for weapons configuration violations. The firearm either meets the physical requirements at the moment it is inspected or it does not.