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May 17th, 2023

Federal Court Enjoins Restrictive New Jersey Gun Law

siegel vs slatkin new jersey A4769 second amendment federal court enjoined injunction

In December 2022, New Jersey passed A4769, which effectively declares all public areas to be off limits to firearms, increases permit fees, uses social media posts as grounds to deny permits, and requires gun owners to acquire liability insurance that does not appear to exist in the state. The NRA-ILA, together with the Association of New Jersey Rifle & Pistol Clubs then filed a lawsuit in Federal Court, Siegel v. Platkin, challenging A4769.

The legal challenge to this insane, New Jersey statute is going well. In January, the Federal District Court for New Jersey issued a temporary restraining order prohibiting the state from enforcing a lot of those restrictions. And this week, in a 230-page opinion, the Court preliminary enjoined the state from enforcing much of A4769 until the full legal proceedings are resolved.

The Court examined the new permitting requirements and enjoined the state from requiring individuals to obtain a $300,000 liability policy before they could get a carry license. It also prohibited the state from conducting in-person interviews with the applicant’s character references. The Court also limited the scope of A4769’s provision that allows the state to deny the applicant if it finds that he or she “to be lacking the essential character of temperament necessary to be entrusted with a firearm”. That now means that there is objective evidence that the individual poses a threat, and permitting agents are limited to looking at the applicant’s public statements for statements suggesting that they pose a threat to themselves of the general public.

The Court was even harder on the new so-called sensitive places that were banned under A4769. It enjoined the state from enforcing the bans on the following locations:

— Virtually all private property where the public is generally admitted — i.e., all stores and restaurants;
— Public gatherings and permitted events;
— Parks, beaches, recreational facilities, zoos, and state parks;
— Libraries and museums;
— Places that serve alcohol for on-premise consumption;
— Entertainment facilities and Casinos;
— Airport parking lots and curbside drop-off and pickup;
— Medical offices and ambulatory care facilities;
— Public filming/motion picture locations; and
— Inside vehicles.

The court concluded that A4769 “went too far, becoming the kind of law that Founding Father Thomas Jefferson would have warned against since it ‘disarm[s] only those who are not inclined or determined to commit crimes [and] worsen[s] the plight of the assaulted, but improve[s] those of the assailants.’”

siegel vs slatkin new jersey A4769 second amendment federal court enjoined injunction

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November 25th, 2021

Five Worst States for Traveling with Firearms — Be Careful

Top Five 5 Worst states for Travel Guns Firearms

Today, November 25th, is Thanksgiving. That means a large percentage of Americans will be on the road to visit relatives. We know many of our readers have concealed carry permits or will otherwise be traveling with firearms. When crossing into different states with guns in a vehicle, you need to be mindful of all state and local laws and restrictions.

Five Worst States for Traveling with Firearms

This article appears in the Cheaper Than Dirt Shooter’s Log.
The U.S. is a patchwork of confusing and cumbersome laws that change the rules of what you can carry, where you can carry, and whether you can possess the firearm, ammunition of magazine at without running afoul of the local laws. Now, if every state was like Vermont, law abiding gun owners could freely travel with their firearms with no worries. Unfortunately, many states have a history of being hostile to traveling gun owners.

The federal “Firearms Owner Protection Act” allows travel through any state as long as the firearm is unloaded, in a locked case, and not easily accessible to the passengers. However, that is not to say that certain states that are less friendly to firearms have not created their own laws that would snare unsuspecting otherwise law-abiding firearm owners. This led us to name the Top 5 States to Avoid while traveling with a firearm this holiday season.

CONNECTICUT
Connecticut does not have any gun reciprocity agreements with other states. This means nonresidents are not allowed to carry handguns in Connecticut under a permit issued by another state.

HAWAII
Every person arriving into the state who brings a firearm of any description, usable or not, shall register the firearm within three days of the arrival of the person or the firearm, whichever arrives later, with the chief of police of the county where the person will reside, where their business is, or the person’s place of sojourn. GET Hawaii Firearms INFO HERE.

MASSACHUSETTS
Massachusetts imposes harsh penalties on the mere possession and transport of firearms without a license to carry. Prospective travelers are urged to contact the Massachusetts Firearms Records Bureau at (617) 660-4780 or contact the State Police. GET Massachusetts Firearms INFO HERE.

NEW JERSEY
New Jersey has some of the most restrictive firearms laws in the country. Your firearm must be unloaded, in a locked container, and not accessible in the passenger compartment of the vehicle. The New Jersey Supreme Court ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. If you’re traveling through New Jersey, the N.J. State Police website provides information regarding transporting firearms within state lines. GET New Jersey Firearms INFO HERE.

NEW YORK
Use extreme caution when traveling through New York state with firearms. New York’s general approach is to make the possession of handguns and so-called “assault weapons” illegal. A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city Police Commissioner. This license validates a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies. Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

More Scary States for Gun Owners
Here are six other jurisdictions (five states and DC) where you need to be wary when traveling. California, for example, treats all handguns in vehicles as “loaded” if there is ammunition loaded into an attached magazine. It’s wise, when in California, to have handguns unloaded in a LOCKED case, with all ammunition or magazines in a separate section of the vehicle. These states (and DC) all have laws that can trap unsuspecting gun-owners. Be wary.

California
Delaware
Dist. of Columbia
Illinois
Maryland
Rhode Island

Top Five 5 Worst states for Travel Guns Firearms

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August 29th, 2020

Gun Control by Government Fees and Taxes — New Jersey Plan

Phil Murphy new jersey governor gun taxes second amendment
This story is based on an article by Larry Keene of the NSSF

New Jersey Governor Phil Murphy has a new plan to deny the Second Amendment rights of NJ citizens — hit them in their pocketbooks, and hit them hard. Using the COVID-19 Pandemic as a pretext, Gov. Murphy, a Democrat, is calling for a massive increase in fees, taxes, and surcharges on gun owners:

1. Raise cost of Handgun Purchase Permit from $2 to $50 — 2400% increase.
2. Raise cost of Firearm ID Card from $5 to $100 — 1900% increase.
3. Raise cost of Handgun Carry Permit from $50 to $400 — 700% increase.
4. Raise fee for firearms manufacturer from $150 to $1500 — 900% increase.
5. Raise fee for firearms Retail Dealer License from $50 to $500 — 900% increase.

This shows how government taxes and fees can be aggressively used to restrict gun ownership. In California, another blue state run by a corrupt Democratic governor who likes to rule by Executive Order, we have myriad gun-related fees and taxes, and now must pay for a license in order to purchase ammo. This is how Democrats intend to use state taxing powers to defeat the Second Amendment.

Gun Control by Tax in New Jersey

Commentary by Larry Keene, NSSF
Democratic New Jersey Governor Phil Murphy is… proposing “stronger gun control” in the Garden State. This time, he’s using the COVID-19 pandemic to raise taxes on law-abiding gun owners and those wishing to exercise their Second Amendment rights. Now it will be up to the state legislature to approve or reject his new antigun proposals. New Jersey residents shouldn’t hold their breath as antigun Democrats control both chambers by wide margins.

More gun control has been a pillar for Gov. Murphy since he took office in 2018. In his first two years in office, he pushed for and signed into law 10 more-stringent gun control laws in a state already known for having some of the strictest gun laws in the country. In 2020, the spreading Coronavirus pandemic gave him an opportunity to do even more[.]

Five Million New Gun Owners in the USA in 2020
Nearly 5 million Americans … purchased a firearm for the first time this year. The reasons were all around us. Reports of local law enforcement becoming stretched thin, criminals being released from jails and quickly committing violent crimes again, and now more recently violent riots and looting in cities and cries of “defund the police” have increased.

Gov. Murphy, who now wants to levy more fees and taxes to close the COVID budget gaps, actively worked to keep gun buyers out of stores. He shut down firearm retailers and related businesses, deeming them “non-essential” at a time when they were most essential. He faced immediate backlash and lawsuits, leading him to backtrack and allow retailers to open again. Gov. Murphy tried explaining his reasoning, stating “I wasn’t thinking about the Bill of Rights”.

Phil Murphy new jersey governor gun taxes second amendment

Raising Taxes as Means for More Gun Control
New Jersey is already known as a high-taxed blue state operating in the red. Now, to address next year’s budget shortfall and seeing an opportunity to further squelch the Second Amendment, Gov. Murphy proposed massive taxes and fees on firearms and ammunition[.]

Gov. Murphy’s proposed antigun increases include raising the handgun purchasing permit fee 2400 percent from $2 to $50; the cost of a firearm ID card by 1900 percent from $5 to $100; the price of a handgun carry permit 700 percent from $50 to $400; the fee for a gun retail dealer license by 900 percent from $50 to $500; and the fee for a firearm manufacturer 900 percent from $150 to $1,500. There are, or course, additional fee increases as well.

Anti-Gun Birds of a Feather
Gov. Murphy isn’t alone in using the pandemic to infringe on the constitutional rights of lawful Americans. Gov. Murphy’s northern neighbor, New York Democratic Gov. Andrew Cuomo, behaved similarly as did New Mexico Democratic Gov. Michelle Lujan Grisham. These three governors have something else in common. They all forced gun stores to close during the pandemic despite the Department of Homeland Security saying gun stores are essential business.

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March 27th, 2020

Ammo Sales Spike… and Gun News in Pandemic Times

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE Data

Here are some gun-industry news highlights for the week. With the Coronovirus pandemic dominating the news, there have been some important developments. First, we are seeing a huge spike in ammo sales, along with significant growth in gun purchases. Second, groups are fighting State Executive Orders mandating closures of gun stores. Third, a number of gun accessory companies are gearing up to provide health-related products such as N95 masks and disinfectants.

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE DataAmmunition Sales Spike with Widespread Concerns Over Coronavirus Pandemic
The National Association of Sporting Goods Wholesalers (NASGW) SCOPE data platform reported a 168% spike in ammunition shipments for the week ending March 14. For all of 2020 so far, ammo shipments are up 21%.

Ammo Sales up 168% Nationwide
During the week ending March 14, distributors shipped close to $10,000,000 worth of ammunition, representing a 168% bump above the 3-year average for the same week. In some states, SCOPE DLX shows up to a 600% growth in ammunition shipments. Overall, ammunition shipments are up 21% year-to-date (YTD).

Gun Sales Rising Significantly
Concerns over the COVID-19 pandemic continue to drive firearms sales as well. According to Chris Means, NASGW Director and President of Tactical Gear Distributors, ammunition was the first category to spike but firearms have been following, with high demand for carry guns are ARs. Firearms shipments were up 13.74% compared to the 3-year average for March 8-14.

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE Data

About the Data Tracker: NASGW SCOPE is an analytics platform for shooting sports manufacturers, distributors, and retailers. SCOPE DLX collects weekly shipment data from 20 leading distributors that represent demand from FFLs across the United States.

AR15s Are in High Demand Again — Sales are Rising

Gun Industry News — Coping with a Crisis

Legal Challenge to New Jersey Closure of Firearms Dealers
The Second Amendment Foundation has filed a lawsuit challenging New Jersey Governor Phil Murphy’s order shutting down firearms dealers in the Garden State. In Kashinsky v. Murphy, the SAF is joined by the New Jersey Second Amendment Society in alleging violation of “civil rights under color of law” by shutting down firearms dealerships, preventing citizens and businesses from exercising their rights under the Second and Fourteenth Amendments. Federal Judge Judge Shipp has set Friday, April 3 as the deadline for the state’s opposition brief to the SAF’s suit. This important Second Amendment case could have ramifications across the nation.

New York Shutters Kimber Manufacturing Plant in Yonkers NY
In related news, the Kimber Plant in New York state has been closed in response to executive orders. Due to the New York state decision to shutter non-essential businesses as part of the COVID-19 response plan, Kimber Mfg. Inc. has stopped production at its New York facilities. Production continues at Kimber’s new, state-of-the-art Troy, Alabama manufacturing facility.

NOTE: In many other states, firearms and ammunition production facilities, along with retail gunstores, ARE recognized as “essential businesses” and therefore allowed to stay open. For a state-by-state run-down, read the NSSF Covid-19 Information and Resources for FFLs.

Radians Donates 14,000 N95 Masks to TN Hospitals
Radians, manufacturer of quality safety eyewear and hearing protection for shooters and hunters, donated over 14,000 N95 masks to medical facilities in Memphis, TN. Wisely, in 2018 Radians added the N95 respirator to its line of Personal Protective Equipment (PPE). Radians CEO, Mike Tutor, said the N95 mask donation “represents Radians’ corporate responsibility to help during challenging times. With a worldwide shortage of respirator masks, we knew this donation would quickly assist first responders and health care workers [during] the COVID-19 crisis. The respirators will also be of service at COVID-19 test sites.”

Coronavirus Ammo Ammuniction Sales Guns FFL SCOPE Data

Otis Technology Joins the Fight Against COVID-19
Otis Technology has partnered with Saint Lawrence Spirits to make, bottle and distribute hand sanitizer to first responders in desperate need during the COVID-19 pandemic. In addition, Otis Technology began using its facilities — normally used to manufacture firearms maintenance products — to immediately begin manufacturing personal protective equipment.

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November 16th, 2019

Five Worst States for Traveling with Firearms — Watch Out

Top Five 5 Worst states for Travel Guns Firearms

Thanksgiving is right around the corner. That means a large percentage of Americans will be on the road to visit relatives. We know many of our readers have concealed carry permits or will otherwise be traveling with firearms. When crossing into different states with guns in a vehicle, you need to be mindful of all state and local laws and restrictions.

Five Worst States for Traveling with Firearms

This article appears in the Cheaper Than Dirt Shooter’s Log.
The U.S. is a patchwork of confusing and cumbersome laws that change the rules of what you can carry, where you can carry, and whether you can possess the firearm, ammunition of magazine at without running afoul of the local laws. Now, if every state was like Vermont, law abiding gun owners could freely travel with their firearms with no worries. Unfortunately, many states have a history of being hostile to traveling gun owners.

The federal “Firearms Owner Protection Act” allows travel through any state as long as the firearm is unloaded, in a locked case, and not easily accessible to the passengers. However, that is not to say that certain states that are less friendly to firearms have not created their own laws that would snare unsuspecting otherwise law-abiding firearm owners. This led us to name the Top 5 States to Avoid while traveling with a firearm this holiday season.

CONNECTICUT
Connecticut does not have any gun reciprocity agreements with other states. This means nonresidents are not allowed to carry handguns in Connecticut under a permit issued by another state.

HAWAII
Every person arriving into the state who brings a firearm of any description, usable or not, shall register the firearm within three days of the arrival of the person or the firearm, whichever arrives later, with the chief of police of the county where the person will reside, where their business is, or the person’s place of sojourn. GET Hawaii Firearms INFO HERE.

MASSACHUSETTS
Massachusetts imposes harsh penalties on the mere possession and transport of firearms without a license to carry. Prospective travelers are urged to contact the Massachusetts Firearms Records Bureau at (617) 660-4780 or contact the State Police. GET Massachusetts Firearms INFO HERE.

NEW JERSEY
New Jersey has some of the most restrictive firearms laws in the country. Your firearm must be unloaded, in a locked container, and not accessible in the passenger compartment of the vehicle. The New Jersey Supreme Court ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. If you’re traveling through New Jersey, the N.J. State Police website provides information regarding transporting firearms within state lines. GET New Jersey Firearms INFO HERE.

NEW YORK
Use extreme caution when traveling through New York state with firearms. New York’s general approach is to make the possession of handguns and so-called “assault weapons” illegal. A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city Police Commissioner. This license validates a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies. Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

More Scary States for Gun Owners
Here are six other jurisdictions (five states and DC) where you need to be wary when traveling. California, for example, treats all handguns in vehicles as “loaded” if there is ammunition loaded into an attached magazine. It’s wise, when in California, to have handguns unloaded in a LOCKED case, with all ammunition or magazines in a separate section of the vehicle. These states (and DC) all have laws that can trap unsuspecting gun-owners. Be wary.

California
Delaware
Dist. of Columbia
Illinois
Maryland
Rhode Island

Top Five 5 Worst states for Travel Guns Firearms

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December 19th, 2017

The Five Worst States for Traveling with Firearms

Top Five 5 Worst states for Travel Guns Firearms

This article appears in the Cheaper Than Dirt Shooter’s Log.
The passage of the Concealed Carry Reciprocity Act through the U.S. House of Representatives is a step in the right direction, but not a law yet. The U.S. is a patchwork of confusing and cumbersome laws that change the rules of what you can carry, where you can carry, and whether you can possess the firearm, ammunition of magazine at without running afoul of the local laws. Now, if every state was like Vermont, law abiding gun owners could freely travel with their firearms with no worries. Unfortunately, many states have a history of being hostile to traveling gun owners.

The federal “Firearms Owner Protection Act” allows travel through any state as long as the firearm is unloaded, in a locked case, and not easily accessible to the passengers. However, that is not to say that certain states that are less friendly to firearms have not created their own laws that would snare unsuspecting otherwise law-abiding firearm owners. This led us to name the Top 5 States to Avoid while traveling with a firearm this holiday season.

CONNECTICUT
Connecticut does not have any gun reciprocity agreements with other states. This means nonresidents are not allowed to carry handguns in Connecticut under a permit issued by another state.

HAWAII
Every person arriving into the state who brings a firearm of any description, usable or not, shall register the firearm within three days of the arrival of the person or the firearm, whichever arrives later, with the chief of police of the county where the person will reside, where their business is, or the person’s place of sojourn. GET Hawaii Firearms INFO HERE.

MASSACHUSETTS
Massachusetts imposes harsh penalties on the mere possession and transport of firearms without a license to carry. Prospective travelers are urged to contact the Massachusetts Firearms Records Bureau at (617) 660-4780 or contact the State Police. GET Massachusetts Firearms INFO HERE.

NEW JERSEY
New Jersey has some of the most restrictive firearms laws in the country. Your firearm must be unloaded, in a locked container, and not accessible in the passenger compartment of the vehicle. The New Jersey Supreme Court ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. If you’re traveling through New Jersey, the N.J. State Police website provides information regarding transporting firearms within state lines. GET New Jersey Firearms INFO HERE.

NEW YORK
Use extreme caution when traveling through New York state with firearms. New York’s general approach is to make the possession of handguns and so-called “assault weapons” illegal. A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city Police Commissioner. This license validates a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies. Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

More Scary States for Gun Owners
Here are six other jurisdictions (five states and DC) where you need to be wary when traveling. California, for example, treats all handguns in vehicles as “loaded” if there is ammunition loaded into an attached magazine. It’s wise, when in California, to have handguns unloaded in a LOCKED case, with all ammunition or magazines in a separate section of the vehicle. These states (and DC) all have laws that can trap unsuspecting gun-owners. Be wary.

California
Delaware
Dist. of Columbia
Illinois
Maryland
Rhode Island

Top Five 5 Worst states for Travel Guns Firearms

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March 31st, 2013

New Jersey Legislators Introduce 76 Anti-Gun Bills

New Jersey Association Rifle Pistol ClubsNew Jersey legislators have introduced no less than 76 new bills to regulate firearms, control the sale of ammunition, and tightly restrict gun ownership. We’ve summarized some of the most important new NJ gun-control bills below, and you can read the full list here. Legislators in the New Jersey Assembly pushed through 20 of 43 pieces of legislation last month. And New Jersey’s State Senators have been hard at work too, introducing dozens of other bills restricting gun rights. According to the New Jersey Association of Rifle and Pistol Clubs (ANJRPC), “the legislative feeding frenzy of anti-gun bill introductions by Democrats has steadily continued [with] no end in sight. Apparently, they won’t be satisfied until there’s nothing left of the Second Amendment in the Garden State.”

Important New Anti-Gun Legislation in New Jersey (Partial List)

  • Establishes regulatory/reporting program for ammunition sales and transfers. A3645 Acs.
  • Defines most centerfire 50-caliber firearms as “destructive devices”. A3659aa.
  • Bans mail order, telephone, and internet sales of ammunition. A366 and S2465.
  • Requires, to purchase a gun, mental health screening by licensed professional. A3667.
  • Requires psychological evaluation and in-home inspection in order to buy a gun. A3676.
  • Requires handgun ammunition to be encoded with serial number. A3704.
  • Imposes additional 5% tax on sale of firearms and ammunition. A3727.
  • Requires firearms to be unloaded and securely locked or stored within home. A3752.
  • Requires background checks for ammunition sales and transfers. A3800.
  • Disqualifies persons with three DUIs in 5 years from purchasing firearm. A3973.
  • Prohibits persons with “disorderly persons” convictions from purchasing firearm. A3974.
  • Requires firearms endorsement on driver’s license or state ID card. A4001.
  • Reduces maximum capacity of ammunition magazines to 10 rounds. S2475.
  • Requires ammunition sales/transfers be done as face-to-face transactions. S3476.
  • Requires submission of mental health records to NICS. S2492.
  • Extends reach and coverage of State’s assault weapons ban. S2605.
  • Creates penalty for failing to report unintentional discharge of firearm in home. S2642.

The above list is just a sample — there are many other pending bills which would restrict gun rights in other ways. CLICK HERE for the full list of pending New Jersey Anti-Gun Bills.

COMMENT: The above list is a wake-up call, and not just for residents of New Jersey. All readers should take a long, hard look at the above list. This is what happens when anti-gun politicians “pull out all the stops”. These proposed laws are not just about so-called “assault weapons”. Note the tight restrictions (and new taxes) on ammunition purchases. Note the mandating of “gun owner endorsements” on drivers’ licenses. Note the chilling requirements of “mental health screenings” and “in-home inspections”. Law-abiding gun owners across the country need to understand that these kind of regulations are now “on the table” and we can expect “copy-cat” legislation in other states….

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April 28th, 2010

New Jersey Now Requires CMP Rifles to Ship to NJ-Licensed FFLs

CMP M1 GarandOne of the great things about ordering an M1 Garand or rimfire Target Rifle from the Civilian Marksmanship Program (CMP) is that, if you satisfy all the purchaser requirements, the gun can be shipped directly to your home (in most states). You are NOT required to receive a CMP surplus rifle through an FFL, at least in most jurisdictions.

Unfortunately, that situation has changed in New Jersey. The State of New Jersey is now requiring that CMP guns be first shipped to Federal Firearms License-holders who also have a current New Jersey State License.

New Jersey Now Restricts CMP Firearms Transfers
Orest Michaels, CMP Chief Operating Officer, reports: “On April 12th, CMP representatives met with representatives of the NJ State Police and the NJ Attorney General’s office. At issue was the fact that CMP customers were receiving rifles at their home and not from a firearms dealer licensed by the state. It was the opinion… of both the NJ State Police and the AG’s office that NJ requires all firearm transactions be face to face and the transfer of a rifle be made to the customer by a NJ licensed dealer. Therefore, NJ residents cannot certify paragraph K on the CMP order form that reads: ‘I further certify that I will not be in violation, by reason of my receipt or possession of a rifle, of any state law or published ordinance applicable where I reside’.”

Effective immediately, rifles sold and shipped to NJ residents must be shipped to NJ licensed firearms dealers. Customers should provide the CMP with copies of the dealer’s FFL and NJ State license, along with the CMP order form. This applies to all rifle orders the CMP has already received and not yet shipped. [However], New Jersey residents who visit either CMP store may purchase and pick up rifles without the necessity of going through a NJ licensed dealer.

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