Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 3/3/2024 8:07:30 PM EDT
I'm involved in a conversation on another forum; it is not a gun forum.  I was discussing the upcoming Supreme Court decision on the bump stocks ban and a member claimed there are no machine guns for sale in New Jersey as no one is able to obtain the appropriate NJ license to do so per 2C:39-5.

Simply showing a FFL/SOT that stocks MG's would prove this person wrong.  Are their SOT's selling MG's in NJ?  How do the NJ police get their NFA firearms?  Thanks.

Ranb
Link Posted: 3/3/2024 9:15:53 PM EDT
[#1]
Not a SOT or FFL but according to this article as of 2022 there are 44,422 registered machine guns in NJ. How many if any are in private hands, don't know.

link  

The statute for getting the license is 2C:58-5

Technically anyone with a permit to carry a handgun can apply but good luck getting the license because of this:

b. No license shall be issued to any person who would not qualify for a permit to carry a handgun under section 2C:58-4, and no license shall be issued unless the court finds that the public safety and welfare so require.
View Quote

I have no idea if there are any sellers of machine guns in NJ. If there are such sellers than in order to advertise such sales they must include in the ad that a firearms purchaser ID card and machine gun license are required. Failing to do so would be a misdemeanor.

Link Posted: 3/3/2024 11:17:02 PM EDT
[#2]
Thanks for the info.  I was reading the NJ laws, including the one you provided and was hoping to find the usual (in other states) exceptions for FFL/SOT's, but I was unable to find any.
Link Posted: 3/4/2024 12:38:04 PM EDT
[Last Edit: mak0] [#3]
Licensed dealers in NJ are exempt from N.J.S.2C:39-5a

ETA: Here's the law if you want to reference it:

2C:39-5. Unlawful possession of weapons.
a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

2C:39-6 Exemptions.
b. Subsections a., b. and c. of N.J.S.2C:39-5 do not apply to:
(1) A law enforcement officer employed by a governmental agency outside of the State of New Jersey while actually engaged in the officer's official duties, provided, however, that the officer has first notified the superintendent or the chief law enforcement officer of the municipality or the prosecutor of the county in which the officer is engaged; or
(2) A licensed dealer in firearms and the dealer's registered employees during the course of their normal business while traveling to and from their place of business and other places for the purpose of demonstration, exhibition or delivery in connection with a sale, provided, however, that the weapon is carried in the manner specified in subsection g. of this section.
Link Posted: 3/4/2024 10:03:18 PM EDT
[#4]
MGs are in NJ. cans no... suppressors.
they are extra wank over those. why i dunno. saw to many James Bond movies
Link Posted: 3/5/2024 2:07:01 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mak0:
(2) A licensed dealer in firearms and the dealer's registered employees during the course of their normal business while traveling to and from their place of business and other places for the purpose of demonstration, exhibition or delivery in connection with a sale, provided, however, that the weapon is carried in the manner specified in subsection g. of this section.
View Quote


Which license is that?  Is it those licensees that have the NJ license or the Federal FFL/SOT?  The FFL/SOT is issued on demand to any 21 year old or older non-felon citizen who fills out the forms correctly.  The NJ license is issued to those that NJ wants to issue to.
Link Posted: 3/5/2024 9:47:42 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ranb:


Which license is that?  Is it those licensees that have the NJ license or the Federal FFL/SOT?  The FFL/SOT is issued on demand to any 21 year old or older non-felon citizen who fills out the forms correctly.  The NJ license is issued to those that NJ wants to issue to.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ranb:
Originally Posted By mak0:
(2) A licensed dealer in firearms and the dealer's registered employees during the course of their normal business while traveling to and from their place of business and other places for the purpose of demonstration, exhibition or delivery in connection with a sale, provided, however, that the weapon is carried in the manner specified in subsection g. of this section.


Which license is that?  Is it those licensees that have the NJ license or the Federal FFL/SOT?  The FFL/SOT is issued on demand to any 21 year old or older non-felon citizen who fills out the forms correctly.  The NJ license is issued to those that NJ wants to issue to.


The NJ firearms dealer license is technically shall issue as long as you're complying with all the local business zoning regulations. Obviously you'd need to have the Federal license as well.
Link Posted: 3/6/2024 1:20:43 AM EDT
[#7]
I was reading the law on the NJ license and did not see what it was "shall issue".
Link Posted: 3/6/2024 9:32:14 AM EDT
[Last Edit: mak0] [#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ranb:
I was reading the law on the NJ license and did not see what it was "shall issue".
View Quote


The administrative code makes the eligibility essentially the same as a pistol permit, so while there is no explicit "shall issue" language it historically has been shall issue in practice.

ETA:

13:54-3.4 Standards and qualifications
(a) Every individual proprietor, every member of a partnership, and every officer and director of a corporation, making
application for a retail dealer license shall be over the age of 21 in the case of a dealer, and over the age of 18 in the case
of an employee of such dealer, and shall possess the qualifications required to obtain a permit to purchase a handgun and
a firearms purchaser identification card as provided in this chapter.
Link Posted: 3/7/2024 2:38:37 AM EDT
[#9]
99% of the machine guns in the state are PD firearms. ABOUT  547 municipalities , roughly 400 pd's not counting sheriffs, county pd and larger cities all of whom have machine guns. My town had a 16 man pd and had 20+split between ar and usp  
there are a FEW that are not...but not many, likely less than 100.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top