Red Flag Law and Weapon Limits in New Jersey
Whether New Jersey has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: Yes (Extreme Risk Protective Order Act of 2018). 'Petitioner' means 'a family or household member or law enforcement officer.' A petitioner may seek a temporary extreme risk protective order alleging that the respondent 'poses a significant danger of bodily injury to self or others' by… N.J.S. 2C:58-21, 2C:58-23, 2C:58-24, 2C:58-25
| Red flag law | Yes (Extreme Risk Protective Order Act of 2018). 'Petitioner' means 'a family or household member or law enforcement officer.' A petitioner may seek a temporary extreme risk protective order alleging that the respondent 'poses a significant danger of bodily injury to self or others' by having a firearm. A hearing for a final order must be held in Superior Court 'within 10 days of the filing of a petition'; a final order issues if the court finds that danger 'by a preponderance of the evidence'. The statute sets no fixed expiration for a final order; the petitioner or respondent may ask the court to terminate it, and the termination petition 'may be filed at any time following the issuance of the order.' A petition against a law enforcement officer is filed with the officer's employing agency (2C:58-23(l)). |
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| Assault weapons and magazine limits | Both. Assault firearms (listed models and semi-automatic rifles, handguns and shotguns with specified features) 'may only be possessed by a licensed firearms dealer, active-duty law enforcement officers' and active-duty military, according to NJSP. A large capacity magazine is 'a box, drum, tube or other container which is capable of holding more than 10 rounds of ammunition'; possession is a fourth-degree crime under N.J.S.A. 2C:39-3(j), with exceptions for retired officers (up to 15 rounds, for registered handguns) and active-duty officers. |
More New Jersey gun laws
- Concealed Carry in New Jersey
- Open Carry in New Jersey
- Buying a Gun in New Jersey
- All New Jersey gun laws rules
FAQ
Does New Jersey have a red flag law?
Yes (Extreme Risk Protective Order Act of 2018). 'Petitioner' means 'a family or household member or law enforcement officer.' A petitioner may seek a temporary extreme risk protective order alleging that the respondent 'poses a significant danger of bodily injury to self or others' by having a firearm. A hearing for a final order must be held in Superior Court 'within 10 days of the filing of a petition'; a final order issues if the court finds that danger 'by a preponderance of the evidence'. The statute sets no fixed expiration for a final order; the petitioner or respondent may ask the court to terminate it, and the termination petition 'may be filed at any time following the issuance of the order.'
Does New Jersey ban assault weapons or high-capacity magazines?
Both. Assault firearms (listed models and semi-automatic rifles, handguns and shotguns with specified features) 'may only be possessed by a licensed firearms dealer, active-duty law enforcement officers' and active-duty military, according to NJSP. A large capacity magazine is 'a box, drum, tube or other container which is capable of holding more than 10 rounds of ammunition'; possession is a fourth-degree crime under N.J.S.A. 2C:39-3(j), with exceptions for retired officers (up to 15 rounds, for registered handguns) and active-duty officers.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.