An FID card is usually not required to legally possess firearms in your own home. Despite that, New Jersey firearms laws can sometimes make firearms possession, even in your own home, illegal. Details below!

We begin our discussion of In the Home with two New Jersey statutes that horribly undermine the Second Amendment. Those statutes are N.J.S. 2C:39-5b and N.J.S. 2C:39-5c. Our FID page inferred that, under those two New Jersey statutes, possession of any rifle, shotgun, or handgun was legal only when the possessor carried a Firearms Identification Card (FID), sometimes referred to as a Firearms Purchaser Identification Card (FPID).

The information on that FID page is correct, as far as it goes. However, as indicated on that page, exceptions exist. When the requirements for these exceptions are satisfied, possession of those firearms in New Jersey is legal even when the possessor does not have the FID (or FPID) card. So what are these exceptions? Where are they found? When do they apply?

The statute where those exceptions are located is N.J.S. 2C:39-6. N.J.S. 2C:39-6 contains over four thousand words. As will be shown in the paragraphs that follow, N.J.S. 2C:39-6 contains exceptions, exceptions to exceptions, and exceptions to exceptions to exceptions. It needs close reading.

One of the exceptions to the requirement of the FID card relates to possession in the home. That exception is in N.J.S. 2C:39-6e. Subject to N.J.S. 2C:39-7, discussed below, N.J.S. 2C:39-6e allows a person to carry rifles, shotguns, and handguns when the person is inside their own home. What a person not having an FID may possess inside their own home even goes well beyond rifles, shotguns and handguns. Subject to laws outside the New Jersey Code of Criminal Justice, and subject to federal law, a person may, in fact, carry inside their home any type of weapon or firearm, except for a machine gun.

But wait, there's more! These exceptions extend to places other than just the home. Thus the person not having the FID card may legally possess the weapons just mentioned about their place of business, as well as land that they possess. They may legally transport their firearms to a target range for practice, for target shooting, and for competitions. They may legally transport their firearms to hunt or fish, when they have the appropriate hunting or fishing license, and comply with all applicable fishing and hunting laws. And they may legally transport their firearms from any of those specified places to another, provided that that transporting is carried out in a particular manner. Another page on this site outlines what must be done to legally transport firearms in New Jersey.

Even inside the home, however, and despite N.J.S. 2C:39-6, possession of a weapon is illegal under a laundry list of circumstances specified in N.J.S. 2C:39-7. These circumstances include when the person has previously been convicted of any of various crimes. N.J.S. 2C:39-7 also prohibits such possession when the person has been committed to a mental institution. N.J.S. 2C:39-7 itself contains over seven hundred words. It, too, needs close reading.

Second  Amendment Lawyers in New JerseyBottom line: New Jersey law relating to weapons in general, and firearms in particular, is complicated. Very complicated. Persons untrained in the law are adrift at sea trying to navigate this legal morass. Gun Lawyers in New Jersey™ are available to help guide these persons to safety.

 Overview  |  Allan Marain  |  Where We Stand 

 FID Cards  |  In the Home  |  Transporting Guns  |  Carry Permits  |  Mental Health Recs 
 Mental Health Law  |  Disability Relief  |  Young People  |  Expungements  |  Domestic Violence 
 Restraining Orders  |  BB Guns  |  Pepper Spray  |  Criminal Defense 

 Case Evaluation  |  Editorial  |  The NRA  |  APA Position  |  Your Privacy 
 Contact Us  |  PGP Public Key  |  Directions  |  How Did We Do?  |  Parking 

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

-Constitution of the United States of America,
Second Amendment

Law Offices of Allan Marain
Attorneys and Counsellors at Law Lawyer handles gun law charges in New Jersey
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903

Gun Lawyers in New Jersey™ and
© Copyright 2020, Allan Marain, New Brunswick, New Jersey.
All rights reserved.

For information, questions, or suggestions about our site, please email our webmaster.

Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Hosted by Westhost »When you expect more from your Web host.
Page last updated 18 August 2020, and displayed Friday 18 September 2020, 15:46:19 EDT.

  10.0Allan Marain Site of NJ Gun Lawyers conforms to w3c standards to better serve persons charged with gun crimes     Site of NJ Gun Lawyers adheres to CSS standards, to better serve persons charged with offenses related to guns.     Site powered by Apache for users with problems relating to guns.     Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense.