New Jersey Statewide Rule
Open Carry of Firearms Restrictions in New Jersey
Key Facts
- Authority Njsa 2c395b
- Authority: NJSA 2C:39-5(b) prohibits unlawful handgun carry
- No Legal Distinction
- No legal distinction between open and concealed handgun carry
- Loaded Long Guns
- Loaded long guns generally prohibited outside hunting contexts
- Permit To Carry
- Permit to Carry required for any public handgun carry
- Graves Act Applies
- Graves Act applies mandatory minimum prison sentences
Summary
New Jersey effectively prohibits open carry of handguns without a Permit to Carry under NJSA 2C:39-5, and long-gun open carry is restricted in most public contexts.
b. Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol, or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air, or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter with sufficient force to injure a person, it is a crime of the third degree.
Full Breakdown
New Jersey law does not distinguish open from concealed carry of handguns; both require a Permit to Carry under NJSA 2C:58-4. Carrying any handgun in public without a valid permit constitutes unlawful possession under NJSA 2C:39-5(b). Long guns may not be transported loaded except in limited circumstances such as licensed hunting in season. Even with a Permit to Carry, holders should generally conceal their handguns to avoid public alarm and possible disorderly persons charges. The state's restrictive framework places New Jersey among the most stringent jurisdictions for open-carry conduct.
Violations & Penalties
Unlawful possession of a handgun in public without a Permit to Carry is a second-degree crime carrying 5-10 years imprisonment and Graves Act mandatory minimums.
Frequently Asked Questions
Can I openly carry a handgun in New Jersey with a permit?
Can I carry a loaded rifle in public?
Sources
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