N.J.A.C. 13:54
SUBCHAPTER 5. MACHINE GUNS, ASSAULT FIREARMS AND LARGE CAPACITY MAGAZINES
13:54-5.1 Purchase or sale of assault firearms and machine guns
(a) No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase or otherwise acquire a
machine gun or an assault firearm unless the purchaser, assignee, donee, receiver or holder:
1. Is licensed as a retail or wholesale dealer pursuant to this chapter;
2. Has first secured a license to purchase, possess or carry a machine gun or an assault firearm in accordance with
N.J.S.A. 2C:58-5; or
3. Is the Armed Forces, the National Guard or a law enforcement agency employing persons who are authorized to
possess and carry assault firearms and/or machine guns.
(b) Any retail dealer licensed pursuant to this chapter who sells or otherwise transfers a machine gun or an assault
firearm shall confirm both the identity of the purchaser, and in the case of a licensee, the validity of the license. A
machine gun or assault firearm shall be delivered unloaded and securely wrapped.
(c) In addition to the permanent records of receipt or disposition of firearms required by this chapter to be maintained
by a wholesale or resale dealer, such dealers shall keep and maintain a separate ledger for the acquisition or receipt and
sale or disposition of machine guns and assault firearms. This ledger shall be in the same form and contain the same
information as provided for in N.J.A.C. 13:54-3.13, 3.14 and 3.15 and N.J.A.C. 13:54-4.12.
13:54-5.2 License to purchase, possess or carry a machine gun or assault firearm
(a) Licenses to purchase, possess or carry a machine gun or assault firearm shall be issued by a judge of the Superior
Court in accordance with the provisions of N.J.S.A. 2C:58-5. The application for such license shall be referred to the
county prosecutor for investigation, recommendation and preparation of a report.
(b) The report of the county prosecutor shall be served upon the Superintendent and the chief of police of every
municipality in which the applicant intends to carry the machine gun or assault firearm. The Superintendent and/or the
chief of police, or their designees, may personally appear and oppose the issuance of any license to acquire a machine
gun or assault firearm. If the court issues a license, the Superintendent and/or chief of police, or their designees, may
appeal that decision in accordance with the Rules of Court.
(c) Upon issuance of a license by a court, a true copy of such license shall be filed with the Superintendent and chief
of police of the municipality where the licensee resides or has his place of business.
(d) At any time, the Superintendent, a chief of police, any law enforcement officer of this State or any other citizen may
apply to the court which issued the license for revocation on the ground that the licensee is no longer qualified to possess
such license by virtue of his inability to satisfy the statutory requirements of N.J.S.A. 2C:58-4 and 2C:58-5, or if
revocation is necessary in order to protect the public safety and welfare.
13:54-5.3 Disposition of machine gun or assault firearm upon death of licensee or registered holder
(a) If the holder of a license to purchase, possess or carry a machine gun or assault firearm dies, or if the owner of an
assault firearm which has been registered pursuant to N.J.S.A. 2C:58-12 dies, then the heirs or estate of the deceased
person shall have 90 days from the date of death to transfer the firearm to a licensed dealer or person or firm lawfully
entitled to own or possess such firearm; voluntarily surrender the firearm pursuant to the provisions of N.J.S.A.
2C:39-12; or, only in the case of an assault firearm, render the firearm inoperable pursuant to the provisions of N.J.S.A.
2C:58-13. In the case of a machine gun, the heir or estate shall immediately deliver it to the chief of police, or
Superintendent where there is no full time police department or where the heir or estate is a non-resident, until such time
as it is sold or voluntarily surrendered. In the case of an assault firearm, it shall be immediately delivered to the
appropriate chief of police or the Superintendent in the event that the heir does not hold, or qualify to hold, a firearms
purchaser identification card or a permit to purchase a handgun. The chief of police or the Superintendent shall hold such
firearms until they are disposed of in accordance with this section.
(b) For purposes of this section, "inoperable" shall mean that the firearm is altered in such a manner that it cannot be
immediately fired and that the owner or possessor of the firearm does not possess or have control over the parts necessary
to make the firearm operable. In the event that the firearm is rendered inoperable, the heir or estate shall file a
certification on the form prescribed by the Superintendent, indicating the date on which the firearm was rendered
inoperable. The certification shall be filed with either the chief of police of the municipality in which the heir resides,
or if the municipality does not have a full time police department, or if the owner resides outside of this State, with the
Superintendent.
13:54-5.4 Notification of ineligibility to possess assault firearm or machine gun
Any person having knowledge that a person is subject to any of the disabilities which would render such person
ineligible to procure a license to purchase, possess or carry a machine gun or assault firearm, or to continue to be
registered as an owner of an assault firearm, may notify the appropriate chief of police or the Superintendent, who may
take such action as may be deemed appropriate.
13:54-5.5 Large capacity magazines
A retail or wholesale firearms dealer licensed pursuant to this chapter may maintain large capacity ammunition
magazines at its licensed premises for sale or disposition to another dealer, the Armed Forces of the United States or the
National Guard, or to a law enforcement agency, provided that the seller maintains a record of any sale or disposition
to any of the afore-mentioned entities, including a description by make and model of the large capacity magazine. The
record shall include the name of the purchasing agency, together with written authorization on the official letterhead of
the Superintendent, chief of police or highest ranking officer of the agency or the appropriate ranking military officer,
the name and rank of the law enforcement or military officer authorized to make the purchase, and the date and time of
the sale or disposition. A copy of this record shall be forwarded by the seller to the Superintendent within 48 hours of
the sale or disposition.
13:54-5.6 Advertising sale of machine gun, assault firearm or semi-automatic rifle
No retail dealer or wholesale dealer licensed pursuant to this chapter shall offer to sell a machine gun, semi-automatic
rifle or assault firearm by means of an advertisement published in a newspaper circulating within this State, which
advertisement does not state that the purchaser shall hold a valid license to purchase and possess a machine gun or assault
firearm or, in the case of a semi-automatic rifle that is not an assault firearm, a valid firearms purchaser identification
card.
13:54-5.7 Number and types of criminal offenses involving assault firearms
The chief of police of every municipality having a full time police department or, if the municipality does not have such
a police department, the State Police station servicing that municipality, shall on a monthly basis provide to the
Superintendent the number and types of criminal offenses involving assault firearms. The report shall also include the
type of assault firearm utilized in the commission of the crime. The report shall be received by the Superintendent no
later than five business days from the end of the prior month.