24/7 Wall St. Insights

• Firearm policy has become one of the most polarizing issues in American politics in recent years.
• The partisan debate over the appropriate balance between gun rights and gun control has resulted in years of stalled gun control initiatives in Washington, D.C., and a patchwork of firearm regulations across the 50 states. 
• Through a wide ranging set of policies, New Jersey has adopted some of the strictest gun control legislation in the country.
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Americans have had a constitutional right to own firearms for more than two centuries. While the federal government imposes restrictions on gun ownership for certain groups — including felons, illegal drug users, and fugitives — and effectively prohibits civilian ownership of specific types of firearms — such as fully automatic weapons and short-barreled shotguns — America has some of the most permissive gun laws in the world.

However, mass shootings and rising rates of gun violence in recent years have made gun control one of the most polarizing issues in American politics — and attitudes towards firearms are closely aligned with party affiliation. According to a 2023 Gallup survey, 84% of likely Democratic voters say that gun laws should be stricter, compared to only 31% of likely Republican voters.

In Washington D.C., the partisan divide over gun policy has resulted in little beyond political gridlock. In the absence of legislative action at the federal level, many states have exercised their authority to expand upon existing gun control policies. Others, meanwhile, have adopted a hands-off approach.

According to the analysis of Giffords Law Center, a gun violence prevention group, New Jersey has implemented some of the strongest state-level firearm regulations in the country. Accounting for a wide-range of policies at the disposal of state governments — including assault-style weapon and high-capacity magazine bans, universal background check laws, waiting periods, and permit requirements for firearms in public — Gifford’s Law Center assigned New Jersey a letter grade of “A”, on an A-F scale, for the strength of its gun control policies. (Here is a look at every state’s gun law grade.)

Firearm regulations are generally designed and implemented to reduce the likelihood of gun violence, and in states with strict gun control laws, firearm fatality rates tend to be relatively low. According to the data from the Centers for Disease Control and Prevention, there were 468 firearm related deaths in New Jersey in 2022, or about 5.0 for every 100,000 people, the fourth lowest gun-death rate of the 50 states. (Here is a look at the U.S. cities where gun crime is surging.)

Using data compiled by Gifford’s Law Center, 24/7 Wall St. reviewed New Jersey”s approach to 14 key gun control policy areas. It is important to note that the laws on this list are not exhaustive, and only represent broad guidelines. Legal nuances can also vary at the local level.

Why It Matters

With the exception of some modest revisions to background check protocols, the U.S. has not implemented any meaningful gun control reform in decades. Still, state governments also have the authority to enact their own policies, resulting in a patchwork of gun laws across the 50 states. Currently, New Jersey ranks as having some of the strongest state-level firearm regulations in the country.

Universal background check laws

• State policy: Under federal law, all gun buyers must undergo a background check before obtaining a firearm from a licensed retailer — but transfers made from unlicensed retailers are exempt from background check requirements. New Jersey is one of several states that has closed this loophole, with universal background check laws that cover both licensed and unlicensed dealers.

Mental health reporting

• State policy: New Jersey is required to report individuals involuntarily committed to undergo mental health treatment in an inpatient setting to federal background check databases. However, the state is not required to report those being treated in outpatient facilities or those who are living with a guardian because they cannot manage their own affairs.

Concealed carry of a firearm

• State policy: A permit is required to carry a concealed firearm in public places in New Jersey.

Handgun open carry regulations

• State policy: Open carry of handguns in public places is prohibited in New Jersey.

Long gun open carry regulations

• State policy: In New Jersey, open carry of long guns, like rifles or shotguns, is allowed for those with a valid Firearms Purchaser Identification Card.

Stand your ground laws

• State policy: According to state law, individuals have a duty to retreat, if possible, before using deadly force outside of the home.

Guns in schools

• State policy: In New Jersey, firearms can be carried in K-12 schools by school security officers, teachers, and other school employees who have been granted permission.

Mandatory waiting periods for firearm purchases

• State policy: There is a mandatory seven day waiting period for handguns sales in New Jersey, but no waiting period for long guns.

Assault-style weapons

• State policy: Assault weapons are effectively prohibited in New Jersey. The state bans specific assault-style firearms by name. New Jersey does offer ownership and transfer exceptions for assault weapons acquired before the ban went into effect.

High-capacity magazines

• State policy: All firearms in New Jersey are restricted to a 10-round maximum magazine capacity.

Licensing requirements

• State policy: All firearm purchases in New Jersey require the buyer to have obtained a permit.

State-level prohibitions on who can own firearms

• State policy: In New Jersey, individuals who have been convicted of any crime, individuals struggling with alcohol abuse, and adults who were adjudicated for certain juvenile offenses are subject to firearm access restrictions.

Minimum age requirements for handguns

• State policy: In New Jersey, individuals must be at least 21 years old to purchase or possess a handgun.

Minimum age requirements for long guns

• State policy: In New Jersey, individuals must be at least 18 years old to purchase or possess a long gun, like a rifle or shotgun.

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