Lawful Possession and Discharge of a Firearm in Monmouth County

While the Second Amendment allows individuals in the United States to own a gun, federal, state, and even local governments are also allowed to place limits on how people may exercise that right. In many cases, you must obtain a permit in order to legally possess a firearm.

The gun laws in New Jersey are stricter than in many other states. If you own a gun or would like to purchase one in Monmouth County, it is necessary to ensure you are following all required laws. Any questions you may have about those laws may be best answered by a knowledgeable gun lawyer familiar with regulations regarding lawful possession and discharge of a firearm in Monmouth County.

If a person wishes to have or purchase a handgun, rifle, or shotgun in Monmouth County, they must first obtain a permit or firearms purchaser identification card, as stated by New Jersey Revised Statutes §2C:39-5. Possession of a handgun without a permit is a second-degree crime, while unlawful possession of an air gun, rifle, or shotgun is a third-degree crime.

A person may temporarily possess a handgun, rifle, or shotgun if the owner lends the gun to another person for firearm practice, according to N.J.R.S. §2C:58-3.1. The places where the government allows this to occur are:

• A firing range operated by a licensed dealer
• A law enforcement agency, between law enforcement agents
• A legally recognized military organization
• A rifle or pistol club

It is illegal to possess a machine gun or an assault firearm in the State of New Jersey without the appropriate license. If a person possesses such a weapon without a license, they may be charged with a second-degree crime. If a person has some other weapon which the court finds to be inappropriate, they may also or alternatively face a fourth-degree charge.

No one may bring a firearm—or a fake or imitation gun—to an educational institution without express permission from the government, regardless of whether the gun owner has a permit for the firearm in question. Violating this law could result in charges for a third-degree crime.

Monmouth County residents are allowed to fire their guns in certain locations, such as firing ranges. They are also allowed to go hunting, as long as they follow the laws set out in N.J.R.S. §23:4-1 regarding open and closed seasons. Finally, individuals may discharge firearms in order to protect someone from clear and imminent harm, but otherwise people typically may not fire their weapons within a city’s limits or near public buildings.

People in New Jersey have a right to own a firearm, but the government places limits on those rights. If you are unsure of whether the government allows you to possess or discharge a gun in a particular situation, consider seeking out advice from an attorney knowledgeable on this topic.

Considering the strict nature of firearm laws in this state, you may want to be careful when you are not confident about the rules regarding lawful possession and discharge of a firearm in Monmouth County. A gun defense lawyer may be able to help you understand what you can do and how you can stay within the confines of the law.