Antique Firearm laws in NJ

[mjhvn 3]

I'm interested in antique firearm and was wondering about the laws in NJ. It has provisions in the NJ laws but I want to clear things up. I'm interested in a old firearm with unique ammo and a 12 round magazines which was unique pre-1899. It's a detachable magazine but only used in 2 guns both being designed pre 1899 and many made pre-1899. Is it legal? I mean under federal law it isn't a firearm but not sure about NJ. Also same thing about pre-1899 handguns and revolvers do I need a NJ pistol permit for one of those. Lastly are the firearms like short-barreled lever guns or stocked handguns pre-ATF/NFA that were deemed legal in NJ (taking about the ones ATF put on list as being grandfathered in so the ATF rules weren't applied to them). Lots of question but I'm interested in expanding the collection. Please dont copy and paste the laws. I read them a while ago and they aren't so clear to me so any clearly answered questions would help. I'm sure some of you guys looked into some of this stuff before.

 

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[Screwball 483]

What gun in question would be helpful, but a pre-1899 gun isn’t necessarily a pre-1898. The definition says prior to 1898, but also ammo that is not commercially available. That is what defines if it is considered an antique firearm or not. 2C:39-1a

 

For 12 round magazines, is it semi-auto? The ten round limit is strictly for semi-auto rifles and pistols, exception being tube fed .22s. Let’s say you have a Mauser with a trench magazine or a Springfield M1903 with the Air Service magazine... both are legal in NJ, even if over 10 rounds, because they are bolt action. My Ishapore 2A1 is legal with its 12 round magazine. 2C:39-1y

 

Antique handguns are defined similarly... pre-1898 and not commercially available ammo. However, they do allow for the ammo point to be swapped out if it is match, flint, percussion or pin fired. Pin fired must mean the firing pin is part of the cartridge. 2C-39-1aa

 

Whether a pistol permit is needed for an antique handgun... I didn’t see any mention in either 2C:39 or 2C:58 that they are exempt from pistol permits. All I saw was you don’t need a trigger lock/case to be sold with an antique handgun. 2C:58-2a(5d)

 

For short-barrel rifles that do not require a tax stamp due to C&R status... that is strictly per Federal law. NJ does not view them as such, and there is no exception in the definition for “sawed-off shotgun.” Yes, I did say shotgun... the definition specifically states shotguns with barrels under 18”, rifles with barrels under 16”, and shotguns or rifles with overall lengths under 26”. 2C:39-1o

 

This is also included for stocked handguns, as definition of a rifle says any firearm meant to be fired from the shoulder. 2C:39-1m

 

Funny thing (not antique related), firearms like the Shockwave or TAC-14 do not follow 2C-39-1o because NJSP/AG defines them as firearms... and not shotguns.

 

In regards to laws not being clear... there are aspects of NJ firearms law where I agree that it is hard to understand. Shy of the part about pistol permits and antique handguns... everything else was found in definitions. Just read them carefully. Nothing I wrote wasn’t found in the section I noted for each.

 

https://www.njsp.org/firearms/laws.shtml

 

Any questions, go to the bottom of that webpage and click on either Chapter 39 (actual firearm law) or Chapter 58 (firearm sales). If, for example, you want to know about antique handgun details, go into the search option, click advanced search, and where is says “exact phrase,” put in “antique handgun.” That will bring up all the specific laws where it is used, and highlight the terms in the law.

 

[mjhvn 3]

What gun in question would be helpful, but a pre-1899 gun isn’t necessarily a pre-1898. The definition says prior to 1898, but also ammo that is not commercially available. That is what defines if it is considered an antique firearm or not. 2C:39-1a

 

For 12 round magazines, is it semi-auto? The ten round limit is strictly for semi-auto rifles and pistols, exception being tube fed .22s. Let’s say you have a Mauser with a trench magazine or a Springfield M1903 with the Air Service magazine... both are legal in NJ, even if over 10 rounds, because they are bolt action. My Ishapore 2A1 is legal with its 12 round magazine. 2C:39-1y

 

Antique handguns are defined similarly... pre-1898 and not commercially available ammo. However, they do allow for the ammo point to be swapped out if it is match, flint, percussion or pin fired. Pin fired must mean the firing pin is part of the cartridge. 2C-39-1aa

 

Whether a pistol permit is needed for an antique handgun... I didn’t see any mention in either 2C:39 or 2C:58 that they are exempt from pistol permits. All I saw was you don’t need a trigger lock/case to be sold with an antique handgun. 2C:58-2a(5d)

 

For short-barrel rifles that do not require a tax stamp due to C&R status... that is strictly per Federal law. NJ does not view them as such, and there is no exception in the definition for “sawed-off shotgun.” Yes, I did say shotgun... the definition specifically states shotguns with barrels under 18”, rifles with barrels under 16”, and shotguns or rifles with overall lengths under 26”. 2C:39-1o

 

This is also included for stocked handguns, as definition of a rifle says any firearm meant to be fired from the shoulder. 2C:39-1m

 

Funny thing (not antique related), firearms like the Shockwave or TAC-14 do not follow 2C-39-1o because NJSP/AG defines them as firearms... and not shotguns.

 

In regards to laws not being clear... there are aspects of NJ firearms law where I agree that it is hard to understand. Shy of the part about pistol permits and antique handguns... everything else was found in definitions. Just read them carefully. Nothing I wrote wasn’t found in the section I noted for each.

 

https://www.njsp.org/firearms/laws.shtml

 

Any questions, go to the bottom of that webpage and click on either Chapter 39 (actual firearm law) or Chapter 58 (firearm sales). If, for example, you want to know about antique handgun details, go into the search option, click advanced search, and where is says “exact phrase,” put in “antique handgun.” That will bring up all the specific laws where it is used, and highlight the terms in the law.

 

Thank you. I also thought it was pre-1899 but it really doesn't matter since the long gun is called the Swiss 1889 but thanks for clearing up the mistake I wrote because antique firearms are pre-1898. I try best to read carefully but I hear a lot from the people in NJ so I guess I get confused.

 

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