David Burg, a former New Jersey congressional candidate and attorney, is currently dealing with a complex legal battle surrounding his 2nd Amendment rights. While driving his car one day, Burg experienced a conflict with an aggressive driver. He flashed his gun at the driver — and now, under New Jersey’s “red flag law” Burg’s weapons were confiscated from him. This law essentially states that a person cannot have access to firearms if they are a danger to themselves or others. Burg is currently pursuing legal assistance to combat the laws and renew what he feels is his right to bear arms. (These are the states where the government can legally take your gun by force.)
With rising rates of gun ownership across the United States, gun control has become an even more polarizing topic in American politics. States are beginning to expand on existing gun control policies. 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. 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.
Here’s where NJ stands with gun control:
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.