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I. LICENSING PROVISIONS RELATING TO

FIREARMS

A. General Licensing Provisions

Chapter 58 governs the regulatory provisions for
firearms. N.J.S.A. 2C:58-1 et seq. These provisions
include requiring the following gun permits: permit to
purchase a handgun, N.J.S.A. 2C:58-3, firearms
purchaser identification card, N.J.S.A. 2C:58-3, permit
to carry a handgun, N.J.S.A. 2C:58-4, and license to
possess and carry machine guns and assault firearms,
N.J.S.A. 2C;58-5. Such provisions are distinct from the
substantive criminal offenses arising out of unlawful
possession of firearms. N.J.S.A. 2C:39-1 et seq.

B. Statutory Construction

These licensing requirements will be construed so as
to limit the availability of firearms. See, e.g., In re Preis,
118 N.J. 564 (1990); Crossroads Gun Shop v. Edwards,
214 N.J. Super. 244 (Law Div. 1986); Service Armament
Co. v. Hyland, 70 N.J. 550 (1976); Siccardi v. State, 59
N.J. 545 (1971).

II. PURCHASE OF FIREARMS (N.J.S.A. 2C:58-

3 )

A. Permit To Purchase A Handgun

No person shall receive, purchase, or otherwise
acquire a handgun unless that person has first secured a
permit to purchase a handgun. N.J.S.A. 2C:58-3a. This
will even include renting handguns. Crossroads Gun Shop
v. Edwards, 214 N.J. Super. 244 (Law Div. 1986). Only
one handgun may be purchased on each permit. N.J.S.A.
2C:58-3i.

B. Firearms Purchaser Identification Card

No person shall receive, purchase, or otherwise
acquire an antique cannon or a rifle or shotgun unless that
person possesses a firearms purchaser identification card.
To obtain that firearm, the person must exhibit said card
and sign a written certification. N.J.S.A. 2C:58-3b.
There is no restriction as to the number of rifles or
shotguns that may be purchased as long as the person
possesses a valid card and signs the written certification
for each transaction. N.J.S.A. 2C:58-3i.

Nothing in this section may be construed as

authorizing the purchase or possession of a sawed-off

shotgun. N.J.S.A. 2C:58-3k; see N.J.S.A. 2C:39-3b.

C. Exemptions

Permits or cards are not required for the following:

licensed dealers (N.J.S.A. 2C:58-3a, b); antique rifles or

shotguns (N.J.S.A. 2C:58-3b); inherited firearms

(N.J.S.A. 2C:58-3j); distress signalling devices (N.J.S.A.

2C:58-3l); and temporary transfers of firearms for

practice on a target range, for hunting, or for training

purposes. (N.J.S.A. 2C:58-3.1; N.J.S.A. 2C:58-3.2).

D. Who May Obtain

The person must be of good character and good

repute in the community in which he lives. Also, the

person must not be subject to any of the listed

disabilities. N.J.S.A. 2C:58-3c. As to the disabilities, a

permit or card shall not be issued to:

1. Any person convicted of a crime, whether or not
   armed with or possessing a weapon at the time of such
   offense. N.J.S.A. 2C:58-3c(1); see In re Purcell, 137 N.J.
   Super. 369 (App. Div. 1975). The limiting words “in
   this State” were removed by statutory amendment,
   consequently barring a person convicted of an out-of-
   state crime. An out-of-state conviction is a crime where
   a sentence of imprisonment in excess of six months is
   authorized under the law of the other jurisdiction. State
   v. G.P.N., 321 N.J. Super. 172, 175 (App. Div. 1999);
   see, In re Hart, 265 N.J. Super. 285 (Law Div. 1993). An
   applicant who has had a criminal conviction expunged is
   not barred by this particular disability. In re Hart, 265
   N.J. Super. 285 (Law Div. 1993); see N.J.S.A. 2C:52-27.
   A permit to an applicant who has no criminal record and
   is otherwise eligible may be denied if the spouse who has
   been convicted of a crime will have access to any firearms
   kept in the house. In re Clark, 257 N.J. Super. 152 (Law
   Div. 1992).


2. Any drug dependent person as defined in N.J.S.A.
   24:21-2; to any person who is confined for a mental
   disorder to a hospital, mental institution, or sanitarium;
   or to any person who is a habitual drunkard. N.J.S.A.
   2C:58-3c(2). In determining if the person was a habitual
   drunkard, prior convictions for driving while under the
   influence and refusal to submit to a breathalyzer test are
   relevant. State v. Freysinger, 311 N.J. Super. 536 (Law
   Div.), aff’d, 311 N.J. Super. 509 (App. Div. 1997).