Removes capacity limit for ammunition magazines.

A5128

ASSEMBLY, No. 5128

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 28, 2026

Sponsored by:

Assemblywoman� DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Removes capacity limit for ammunition magazines.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning high capacity ammunition magazines
and amending and repealing various parts of the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� N.J.S.2C:39-1 is amended
to read as follows:

���� 2C:39-1.� Definitions.� The
following definitions apply to this chapter and to chapter 58:

���� a.���� "Antique
firearm" means any rifle or shotgun and "antique cannon" means a
destructive device defined in paragraph (3) of subsection c. of this section if
the rifle, shotgun, or destructive device, or replica thereof, as the case may
be, is incapable of being fired or discharged or which does not fire fixed
ammunition, regardless of date of manufacture, or was manufactured before 1898
for which cartridge ammunition is not commercially available, and is possessed
as a curiosity or ornament or for its historical significance or value.

���� b.��� "Deface" means
to remove, deface, cover, alter, or destroy the name of the maker, model
designation, manufacturer's serial number, or any other distinguishing
identification mark or number on any firearm.

���� c.���� "Destructive
device" means any device, instrument, or object designed to explode or
produce uncontrolled combustion, including:

���� (1)�� any explosive or
incendiary bomb, mine, or grenade;

���� (2)�� any rocket having a
propellant charge of more than four ounces or any missile having an explosive
or incendiary charge of more than one-quarter of an ounce;

���� (3)�� any weapon capable of
firing a projectile of a caliber greater than 60 caliber, except a shotgun or
shotgun ammunition generally recognized as suitable for sporting purposes;

���� (4)�� any Molotov cocktail or
other device consisting of a breakable container containing flammable liquid
and having a wick or similar device capable of being ignited.� The term shall
not include any device manufactured for the purpose of illumination, distress
signaling, line-throwing, safety, or similar purposes; or

���� (5)�� any center-fire rifle
that is capable of firing a .50 BMG cartridge as defined in subsection mm. of
this section.

���� The provisions of this
paragraph shall not apply to any antique firearm as defined in subsection a. of
this section or any "curio or relic" as defined in 27 CFR 478.11.

���� The provisions of this
paragraph also shall not apply to a weapon solely used to fire blank ammunition
for the purpose of a living historical reenactment as defined in subsection nn.
of this section.

���� d.��� "Dispose of"
means to give, give away, lease, loan, keep for sale, offer, offer for sale,
sell, transfer, or otherwise transfer possession.

���� e.���� "Explosive"
means any chemical compound or mixture that is commonly used or is possessed
for the purpose of producing an explosion and which contains any oxidizing and
combustible materials or other ingredients in such proportions, quantities, or
packing that an ignition by fire, by friction, by concussion, or by detonation
of any part of the compound or mixture may cause such a sudden generation of
highly heated gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects.� The term shall not
include small arms ammunition or explosives in the form prescribed by the
official United States Pharmacopoeia.

���� f.���� "Firearm"
means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic
rifle, or any gun, device, or instrument in the nature of a weapon from which
may be fired or ejected any solid projectable ball, slug, pellet, missile, or
bullet or any gas, vapor, or other noxious thing, by means of a cartridge or
shell or by the action of an explosive or the igniting of flammable or
explosive substances.� It shall also include, without limitation, any firearm
which is in the nature of an air gun, spring gun, or pistol or other weapon of
a similar nature in which the propelling force is a spring, elastic band,
carbon dioxide, compressed or other gas or vapor, air or compressed air, or is
ignited by compressed air and ejecting a bullet or missile smaller than
three-eighths of an inch in diameter with sufficient force to injure a person.

���� g.��� "Firearm
silencer" means any instrument, attachment, weapon, or appliance for
causing the firing of any gun, revolver, pistol, or other firearm to be silent
or intended to lessen or muffle the noise of the firing of any gun, revolver,
pistol, or other firearm.

���� h.��� "Gravity
knife" means any knife which has a blade which is released from the handle
or sheath thereof by the force of gravity or the application of centrifugal
force.

���� i.���� "Machine gun"
means any firearm, mechanism, or instrument not requiring that the trigger be
pressed for each shot and having a reservoir, belt, or other means of storing
and carrying ammunition which can be loaded into the firearm, mechanism, or
instrument and fired therefrom.� A machine gun also shall include, without
limitation, any firearm with a trigger crank attached.

���� j.���� "Manufacturer"
means any person who receives or obtains raw materials or parts and processes
them into firearms or finished parts of firearms, except a person who
exclusively processes grips, stocks, and other nonmetal parts of firearms.� The
term does not include a person who repairs existing firearms or receives new
and used raw materials or parts solely for the repair of existing firearms.

���� k.��� "Handgun"
means any pistol, revolver, or other firearm originally designed or
manufactured to be fired by the use of a single hand.

���� l.���� "Retail
dealer" means any person, including a gunsmith, except a manufacturer or a
wholesale dealer, who sells, transfers, or assigns for a fee or profit any
firearm or parts of firearms or ammunition which he has purchased or obtained
with the intention, or for the purpose, of reselling or reassigning to persons
who are reasonably understood to be the ultimate consumers and includes any
person who is engaged in the business of repairing firearms or who sells any
firearm to satisfy a debt secured by the pledge of a firearm.

���� m.�� "Rifle" means
any firearm designed to be fired from the shoulder and using the energy of the
explosive in a fixed metallic cartridge to fire a single projectile through a
rifled bore for each single pull of the trigger.

���� n.��� "Shotgun"
means any firearm designed to be fired from the shoulder and using the energy
of the explosive in a fixed shotgun shell to fire through a smooth bore either
a number of ball shots or a single projectile for each pull of the trigger or
any firearm designed to be fired from the shoulder which does not fire fixed
ammunition.

���� o.��� "Sawed-off
shotgun" means any shotgun having a barrel or barrels of less than 18
inches in length measured from the breech to the muzzle, or a rifle having a
barrel or barrels of less than 16 inches in length measured from the breech to
the muzzle, or any firearm made from a rifle or a shotgun, whether by
alteration or otherwise if such firearm as modified has an overall length of
less than 26 inches.

���� p.��� "Switchblade
knife" means any knife or similar device which has a blade which opens
automatically by hand pressure applied to a button, spring, or other device in
the handle of the knife.

���� q.��� "Superintendent"
means the Superintendent of the State Police.

���� r.���� "Weapon"
means anything readily capable of lethal use or of inflicting serious bodily
injury.� The term includes, but is not limited to, all (1) firearms, even
though not loaded or lacking a clip or other component to render them
immediately operable; (2) components which can be readily assembled into a
weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or
other dangerous knives, billies, blackjacks, bludgeons, metal knuckles,
sandclubs, slingshots, cesti, or similar leather bands studded with metal
filings or razor blades imbedded in wood; and (4) stun guns and any weapon or
other device which projects, releases, or emits tear gas or any other substance
intended to produce temporary physical discomfort or permanent injury through being
vaporized or otherwise dispensed in the air.

���� s.���� "Wholesale
dealer" means any person, except a manufacturer, who sells, transfers, or
assigns firearms, or parts of firearms, to persons who are reasonably
understood not to be the ultimate consumers and includes persons who receive
finished parts of firearms and assemble them into completed or partially
completed firearms in furtherance of such purpose, except that it shall not
include those persons dealing exclusively in grips, stocks, and other nonmetal
parts of firearms.

���� t.���� "Stun gun"
means any weapon or other device which emits an electrical charge or current
intended to temporarily or permanently disable a person.

���� u.��� "Ballistic
knife" means any weapon or other device capable of lethal use and which
can propel a knife blade.

���� v.��� "Imitation
firearm" means an object or device reasonably capable of being mistaken
for a firearm.

���� w.�� "Assault
firearm" means:

���� (1)�� The following firearms:

���� Algimec AGM1 type

���� Any shotgun with a revolving
cylinder such as the "Street Sweeper" or "Striker 12"

���� Armalite AR-180 type

���� Australian Automatic Arms SAR

���� Avtomat Kalashnikov type
semi-automatic firearms

���� Beretta AR-70 and BM59
semi-automatic firearms

���� Bushmaster Assault Rifle

���� Calico M-900 Assault carbine
and M-900

���� CETME G3

���� Chartered Industries of
Singapore SR-88 type

���� Colt AR-15 and CAR-15 series

���� Daewoo K-1, K-2, Max 1 and Max
2, AR 100 types

���� Demro TAC-1 carbine type

���� Encom MP-9 and MP-45 carbine
types

���� FAMAS MAS223 types

���� FN-FAL, FN-LAR, or FN-FNC type
semi-automatic firearms

���� Franchi SPAS 12 and LAW 12
shotguns

���� G3SA type

���� Galil type Heckler and Koch
HK91, HK93, HK94, MP5, PSG-1

���� Intratec TEC 9 and 22
semi-automatic firearms

���� M1 carbine type

���� M14S type

���� MAC 10, MAC 11, MAC 11-9mm
carbine type firearms

���� PJK M-68 carbine type

���� Plainfield Machine Company
Carbine

���� Ruger K-Mini-14/5F and
Mini-14/5RF

���� SIG AMT, SIG 550SP, SIG 551SP,
SIG PE-57 types

���� SKS with detachable magazine
type

���� Spectre Auto carbine type

���� Springfield Armory BM59 and
SAR-48 type

���� Sterling MK-6, MK-7 and SAR
types

���� Steyr A.U.G. semi-automatic
firearms

���� USAS 12 semi-automatic type
shotgun

���� Uzi type semi-automatic
firearms

���� Valmet M62, M71S, M76, or M78
type semi-automatic firearms

���� Weaver Arm Nighthawk.

���� (2)�� Any firearm manufactured
under any designation which is substantially identical to any of the firearms
listed above.

���� (3)�� A semi-automatic shotgun
with either a
[
magazine
capacity exceeding six rounds, a
]

pistol grip
[
,
]
or a folding
stock.

���� (4)��
[
A
semi-automatic rifle with a fixed magazine capacity exceeding 10 rounds.�
"Assault firearm" shall not include a semi-automatic rifle which has
an attached tubular device and which is capable of operating only with .22
caliber rimfire ammunition.
]

Deleted by amendment, P.L.��� ,
c.���� (pending before the Legislature as this bill)

���� (5)�� A part or combination of
parts designed or intended to convert a firearm into an assault firearm or any
combination of parts from which an assault firearm may be readily assembled if
those parts are in the possession or under the control of the same person.

���� (6)�� A firearm with a bump
stock attached.

���� x.��� "Semi-automatic"
means a firearm which fires a single projectile for each single pull of the
trigger and is self-reloading or automatically chambers a round, cartridge, or
bullet.

���� y.���
[
"Large
capacity ammunition magazine" means a box, drum, tube, or other container
which is capable of holding more than 10 rounds of ammunition to be fed
continuously and directly therefrom into a semi-automatic firearm.� The term
shall not include an attached tubular device which is capable of holding only
.22 caliber rimfire ammunition.
]
�

Deleted by amendment, P.L.��� , c.���� (pending before the Legislature as
this bill)

���� z.���� "Pistol grip"
means a well-defined handle, similar to that found on a handgun, that protrudes
conspicuously beneath the action of the weapon and which permits the shotgun to
be held and fired with one hand.

���� aa.�� "Antique
handgun" means a handgun manufactured before 1898, or a replica thereof,
which is recognized as being historical in nature or of historical significance
and either (1) utilizes a match, friction, flint, or percussion ignition, or
which utilizes a pin-fire cartridge in which the pin is part of the cartridge;
or (2) does not fire fixed ammunition or for which cartridge ammunition is not
commercially available.

���� bb.� "Trigger lock"
means a commercially available device approved by the Superintendent of State
Police which is operated with a key or combination lock that prevents a firearm
from being discharged while the device is attached to the firearm.� It may
include, but need not be limited to, devices that obstruct the barrel or
cylinder of the firearm, as well as devices that immobilize the trigger.

���� cc.�� "Trigger locking
device" means a device that, if installed on a firearm and secured by
means of a key or mechanically, electronically, or electromechanically operated
combination lock, prevents the firearm from being discharged without first deactivating
or removing the device by means of a key or mechanically, electronically, or
electromechanically operated combination lock.

���� dd.� "Personalized
handgun" means a handgun which incorporates within its design a permanent
programmable feature as part of its manufacture that cannot be deactivated and
renders the personalized handgun reasonably resistant to being fired except when
activated by the lawful owner or other authorized user.� No make or model of a
handgun shall be deemed to be a "personalized handgun" unless the
Personalized Handgun Authorization Commission established pursuant to section 1
of P.L.2019, c.164 (C.2C:58-2.7) has determined, in accordance with section 2
of P.L.2019, c.164 (C.2C:58-2.8), that the personalized handgun meets the
performance standards and qualifying criteria established pursuant to section 2
of P.L.2019, c.164 (C.2C:58-2.8).

���� ee.�� "Bump stock"
means any device or instrument for a firearm that increases the rate of fire
achievable with the firearm by using energy from the recoil of the firearm to
generate a reciprocating action that facilitates repeated activation of the trigger.

���� ff.�� "Trigger
crank" means any device or instrument to be attached to a firearm that
repeatedly activates the trigger of the firearm through the use of a lever or
other part that is turned in a circular motion, provided, however, the term
shall not include any weapon initially designed and manufactured to fire
through the use of a crank or lever.

���� gg.� "Armor piercing
ammunition" means: (1) a projectile or projectile core which may be used
in a handgun and is constructed entirely, excluding the presence of traces of
other substances, from one or a combination of tungsten alloys, steel, iron, brass,
bronze, beryllium copper, or depleted uranium; or (2) a full jacketed
projectile larger than .22 caliber designed and intended for use in a handgun
and whose jacket has a weight of more than 25 percent of the total weight of
the projectile.� "Armor piercing ammunition" shall not include
shotgun shot required by federal or State environmental or game regulations for
hunting purposes, a frangible projectile designed for target shooting, a
projectile which the United States Attorney General finds is primarily intended
to be used for sporting purposes, or any other projectile or projectile core
which the United States Attorney General finds is intended to be used for
industrial purposes, including a charge used in an oil gas well perforating
device.

���� hh.� "Covert
firearm" means any firearm that is constructed in a shape or configuration
such that it does not resemble a handgun, rifle, shotgun, or machine gun
including, but not limited to, a firearm that resembles a keychain, pen,
cigarette lighter, cigarette package, cellphone, smart phone, wallet, or cane.

���� ii.��� "Undetectable
firearm" means a firearm that: (1) after removal of all parts other than
major components, is not as detectable as the Security Exemplar by walk-through
metal detectors calibrated and operated to detect the Security Exemplar; or (2)
includes a major component which, if the firearm were subjected to inspection
by the types of detection devices commonly used at airports for security
screening, would not generate an image that accurately depicts the shape of the
component. "Undetectable firearm" shall not be construed to include a
firearm subject to the provisions of paragraphs (3) through (6) of subsection
(p) of 18 U.S.C. s.922.

���� jj.��� "Major
component" means the slide or cylinder or the frame or receiver of a
firearm and, in the case of a rifle or shotgun, also includes the barrel.

���� kk.� "Security
Exemplar" means the Security Exemplar fabricated in accordance with
subparagraph (C) of paragraph (2) of subsection (p) of 18 U.S.C. s.922.

���� ll.��� "Authorized
user" means the lawful owner of a personalized handgun or a person to whom
the owner has given consent to use the personalized handgun.

���� mm.� ".50 BMG
cartridge" means a cartridge that is designed and intended to be fired
from a center-fire rifle and that meets all of the following criteria:

���� (1)�� it has an overall length
of 5.54 inches from the base to the tip of the bullet;

���� (2)�� the bullet diameter for
the cartridge is from .510 inches to and including .511 inch;

���� (3)�� the case base diameter
for the cartridge is from .800 inches to and including .804 inch; and

���� (4)�� the cartridge case
length is 3.91 inches.

���� nn.� "Living historical
reenactment" means a depiction of historical characters, scenes,
historical life, or events for entertainment, education, or historical
documentation through the wearing or use of period, historical, antique, or
vintage clothing, accessories, firearms, weapons, and other implements of the
historical period.

���� oo.� �Firearm digital
instructions� means digital instructions in the form of computer-aided design
files or other code or instructions stored and displayed in electronic format
as a digital model that may be used to program a three-dimensional printer to
manufacture or produce a firearm, firearm receiver, magazine, or firearm
component.

(cf: P.L.2025, c.255, s.1)

���� 2.��� N.J.S.2C:39-3 is amended
to read as follows:

���� 2C:39-3.� Prohibited Weapons
and Devices.

���� a.���� Destructive devices.
Any person who knowingly has in his possession any destructive device is guilty
of a crime of the third degree.

���� b.��� Sawed-off shotguns. Any
person who knowingly has in his possession any sawed-off shotgun is guilty of a
crime of the third degree.

���� c.���� Silencers. Any person
who knowingly has in his possession any firearm silencer is guilty of a crime
of the fourth degree.

���� d.��� Defaced firearms. Any
person who knowingly has in his possession any firearm which has been defaced,
except an antique firearm or an antique handgun, is guilty of a crime of the
fourth degree.

���� e.���� Certain weapons. Any
person who knowingly has in his possession any gravity knife, switchblade
knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub,
slingshot, cestus or similar leather band studded with metal filings or razor
blades imbedded in wood, or ballistic knife, without any explainable lawful
purpose, is guilty of a crime of the fourth degree.

���� f.���� Dum-dum or armor
piercing ammunition. (1) Any person, other than a law enforcement officer or
persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who
knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any
person, other than a collector of firearms or ammunition as curios or relics as
defined in Title 18, United States Code, section 921 (a) (13) and has in his
possession a valid Collector of Curios and Relics License issued by the Bureau
of Alcohol, Tobacco, Firearms, and Explosives, who knowingly has in his
possession any armor piercing ammunition, as defined in subsection gg. of
N.J.S.2C:39-1, is guilty of a crime of the fourth degree.� For purposes of this
section, a collector may possess not more than three examples of each
distinctive variation of the ammunition described above.� A distinctive
variation includes a different head stamp, composition, design, or color.

���� g.��� Exceptions. (1) (a)
Nothing in subsection a., b., c., d., e., f.
[
,
j.
]
or
k. of this section shall apply to any member of the Armed Forces of the United
States or the National Guard, or except as otherwise provided, to any law
enforcement officer while actually on duty or traveling to or from an
authorized place of duty, provided that his possession of the prohibited weapon
or device has been duly authorized under the applicable laws, regulations or
military or law enforcement orders.�

���� (b)�� Nothing in subsection j.
of this section shall apply to a law enforcement officer who possesses and
carries while off duty a large capacity ammunition magazine capable of holding
not more than 17 rounds of ammunition that can be fed continuously and directly
into a semi-automatic firearm.�

���� (c)�� Notwithstanding
subparagraph (b) of this paragraph, subsection j. of this section shall not
apply to a law enforcement officer who possesses and carries while off duty a
large capacity ammunition magazine capable of holding more than 17 rounds of
ammunition that can be fed continuously and directly into a semi-automatic
firearm provided the large capacity ammunition magazine is used with a service
firearm issued to the officer by the officer�s employer for use in the
officer�s official duties.�

���� (d)�� Nothing in subsection h.
of this section shall apply to any law enforcement officer who is exempted from
the provisions of that subsection by the Attorney General.� Nothing in this
section shall apply to the possession of any weapon or device by a law enforcement
officer who has confiscated, seized, or otherwise taken possession of said
weapon or device as evidence of the commission of a crime or because he
believed it to be possessed illegally by the person from whom it was taken,
provided that said law enforcement officer promptly notifies his superiors of
his possession of such prohibited weapon or device.

���� (2) (a) Nothing in paragraph
(1) of subsection f. of this section shall be construed to prevent a person
from keeping such ammunition at his dwelling, premises, or other land owned or
possessed by him, or from carrying such ammunition from the place of purchase
to said dwelling or land, nor shall paragraph (1) of subsection f. of this
section be construed to prevent any licensed retail or wholesale firearms
dealer from possessing such ammunition at its licensed premises, provided that
the seller of any such ammunition shall maintain a record of the name, age and
place of residence of any purchaser who is not a licensed dealer, together with
the date of sale and quantity of ammunition sold.

���� (b)�� Nothing in paragraph (1)
of subsection f. of this section shall be construed to prevent a designated
employee or designated licensed agent for a nuclear power plant under the
license of the Nuclear Regulatory Commission from possessing hollow nose ammunition
while in the actual performance of his official duties if the federal licensee
certifies that the designated employee or designated licensed agent is assigned
to perform site protection, guard, armed response, or armed escort duties and
is appropriately trained and qualified, as prescribed by federal regulation, to
perform those duties.

���� (3)�� Nothing in paragraph (2)
of subsection f.
[
or
in subsection j.
]

of this section shall be construed to prevent any licensed retail or wholesale
firearms dealer from possessing that ammunition
[
or large capacity ammunition
magazine
]

at its licensed premises for sale or disposition to another licensed 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 a law enforcement agency.� The record shall include the name of
the purchasing agency, together with written authorization of the chief of
police or highest ranking official of the agency, the name and rank of the
purchasing law enforcement officer, if applicable, and the date, time and
amount of ammunition sold or otherwise disposed.� A copy of this record shall
be forwarded by the seller to the Superintendent of the Division of State
Police within 48 hours of the sale or disposition.

���� (4)�� Nothing in subsection a.
of this section shall be construed to apply to antique cannons as exempted in
subsection d. of N.J.S.2C:39-6.

���� (5)�� Nothing in subsection c.
of this section shall be construed to apply to any person who is specifically
identified in a special deer management permit issued by the Division of Fish
and Wildlife to utilize a firearm silencer as part of an alternative deer
control method implemented in accordance with a special deer management permit
issued pursuant to section 4 of P.L.2000, c.46 (C.23:4-42.6), while the person
is in the actual performance of the permitted alternative deer control method
and while going to and from the place where the permitted alternative deer
control method is being utilized.� This exception shall not, however, otherwise
apply to any person to authorize the purchase or possession of a firearm
silencer.

���� h.��� Stun guns. Any person
who knowingly has in his possession any stun gun is guilty of a crime of the
fourth degree.

���� i.���� Nothing in subsection
e. of this section shall be construed to prevent any guard in the employ of a
private security company, who is licensed to carry a firearm, from the
possession of a nightstick when in the actual performance of his official
duties, provided that he has satisfactorily completed a training course
approved by the Police Training Commission in the use of a nightstick.

���� j.����
[
Any person who
knowingly has in his possession a large capacity ammunition magazine is guilty
of a crime of the fourth degree unless the person has registered:

���� (1)�� an assault firearm
pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) and the magazine is
maintained and used in connection with participation in competitive shooting
matches sanctioned by the Director of Civilian Marksmanship of the United
States Department of the Army; or

���� (2)�� a firearm with a fixed
magazine capacity or detachable magazine capable of holding up to 15 rounds
pursuant to section 7 of P.L.2018, c.39 (C.2C:39-20).
]
�
Deleted by amendment, P.L.�
��,

c.���� (pending before the Legislature as this bill
)`

���� k.��� Handcuffs. Any person
who knowingly has in his possession handcuffs as defined in P.L.1991, c.437
(C.2C:39-9.2), under circumstances not manifestly appropriate for such lawful
uses as handcuffs may have, is guilty of a disorderly persons offense.� A law enforcement
officer shall confiscate handcuffs possessed in violation of the law.

���� l.���� Bump stock or trigger
crank. Any person who knowingly possesses a bump stock as defined in subsection
ee. of N.J.S.2C:39-1 or a trigger crank as defined in subsection ff. of
N.J.S.2C:39-1, regardless of whether the person is in possession of a firearm,
is guilty of a crime of the third degree.

���� Notwithstanding the provisions
of N.J.S.2C:1-8 or any other provision of law, a conviction arising out of this
subsection shall not merge with a conviction for possessing an assault firearm
in violation of subsection f. of N.J.S.2C:39-5 or a machine gun in violation of
subsection a. of N.J.S.2C:39-5 and a separate sentence shall be imposed upon
each conviction.� Notwithstanding the provisions of N.J.S.2C:44-5 or any other
provisions of law, the sentence imposed pursuant to this subsection shall be
served consecutively to that imposed for unlawfully possessing an assault
firearm in violation of subsection f. of N.J.S.2C:39-5.

���� m.�� Covert or undetectable
firearms. Any person who knowingly possesses any covert firearm as defined in
subsection hh. of N.J.S.2C:39-1, an undetectable firearm as defined in
subsection ii. of N.J.S.2C:39-1, or a firearm enclosed in a container or
covering that is designed or modified to allow the firearm to be fired while so
enclosed and that disguises or obscures the shape of the firearm such that it
does not resemble a handgun, rifle, shotgun, or machine gun is guilty of a
crime of the third degree.

���� n.��� Firearms without a
serial number. Any person who knowingly possesses a firearm manufactured or
otherwise assembled using a firearm frame or firearm receiver as defined in
subsection k. of N.J.S.2C:39-9 which is not imprinted with a serial number
registered with a federally licensed manufacturer including, but not limited
to, a firearm manufactured or otherwise assembled from parts purchased or
otherwise obtained in violation of subsection k. of N.J.S.2C:39-9, is guilty of
a crime of the third degree.

���� o. Firearm digital
instructions. A person who is not licensed or registered to manufacture
firearms and knowingly possesses firearm digital instructions as defined in
subsection oo. of N.J.S.2C:39-1 with the intent to manufacture a firearm is
guilty of a crime of the fourth degree.

(cf: P.L.2025, c.255, s.2)

���� 3.��� N.J.S.2C:39-9 is amended
to read as follows:

���� 2C:39-9.� Manufacture,
Transport, Disposition and Defacement of Weapons and Dangerous Instruments and
Appliances.

���� a.���� Machine guns.� Any
person who manufactures, causes to be manufactured, transports, ships, sells or
disposes of any machine gun without being registered or licensed to do so as
provided in chapter 58 of Title 2C of the New Jersey Statutes is guilty of a crime
of the third degree.

���� b.��� Sawed-off shotguns.� Any
person who manufactures, causes to be manufactured, transports, ships, sells or
disposes of any sawed-off shotgun is guilty of a crime of the third degree.

���� c.���� Firearm silencers.� Any
person who manufactures, causes to be manufactured, transports, ships, sells or
disposes of any firearm silencer is guilty of a crime of the fourth degree.

���� d.��� Weapons.� Any person who
manufactures, causes to be manufactured, transports, ships, sells or disposes
of any weapon, including gravity knives, switchblade knives, ballistic knives,
daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs,
slingshots, cesti or similar leather bands studded with metal filings, or,
except as otherwise provided in subsection i. of this section, in the case of
firearms if he is not licensed or registered to do so as provided in chapter 58
of Title 2C of the New Jersey Statutes, is guilty of a crime of the fourth
degree.� Any person who manufactures, causes to be manufactured, transports,
ships, sells or disposes of any weapon or other device which projects, releases
or emits tear gas or other substances intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise dispensed
in the air, which is intended to be used for any purpose other than for
authorized military or law enforcement purposes by duly authorized military or
law enforcement personnel or the device is for the purpose of personal
self-defense, is pocket-sized and contains not more than three-quarters of an
ounce of chemical substance not ordinarily capable of lethal use or of
inflicting serious bodily injury, or other than to be used by any person
permitted to possess such weapon or device under the provisions of subsection
d. of N.J.S.2C:39-5, which is intended for use by financial and other business
institutions as part of an integrated security system, placed at fixed
locations, for the protection of money and property, by the duly authorized
personnel of those institutions, is guilty of a crime of the fourth degree.

���� e.���� Defaced firearms.� Any
person who defaces any firearm is guilty of a crime of the third degree.� Any
person who knowingly buys, receives, disposes of or conceals a defaced firearm,
except an antique firearm or an antique handgun, is guilty of a crime of the
fourth degree.

���� f.���� (1) Any person who
manufactures, causes to be manufactured, transports, ships, sells, or disposes
of any armor-piercing ammunition, as defined in subsection gg. of
N.J.S.2C:39-1, which is intended to be used for any purpose other than for
authorized military or law enforcement purposes by duly authorized military or
law enforcement personnel, is guilty of a crime of the fourth degree.

���� (2) Nothing in this subsection
shall be construed to prevent a licensed collector of ammunition as defined in
paragraph (2) of subsection f. of N.J.S.2C:39-3 from transporting the bullets
defined in paragraph (1) of this subsection from (a) any licensed retail or
wholesale firearms dealer's place of business to the collector's dwelling,
premises, or other land owned or possessed by him, or (b) to or from the
collector's dwelling, premises or other land owned or possessed by him to any
gun show for the purposes of display, sale, trade, or transfer between
collectors, or (c) to or from the collector's dwelling, premises or other land
owned or possessed by him to any rifle or pistol club organized in accordance
with the rules prescribed by the National Board for the Promotion of Rifle
Practice; provided that the club has filed a copy of its charter with the
superintendent of the State Police and annually submits a list of its members
to the superintendent, and provided further that the ammunition being transported
shall be carried not loaded in any firearm and contained in a closed and
fastened case, gun box, or locked in the trunk of the automobile in which it is
being transported, and the course of travel shall include only such deviations
as are reasonably necessary under the circumstances.

���� g.��� Assault firearms.� Any
person who manufactures, causes to be manufactured, transports, ships, sells or
disposes of an assault firearm without being registered or licensed to do so
pursuant to N.J.S.2C:58-1 et seq. is guilty of a crime of the third degree.

���� h.���
[
Large capacity
ammunition magazines.� Any person who manufactures, causes to be manufactured,
transports, ships, sells or disposes of a large capacity ammunition magazine
which is intended to be used for any purpose other than for authorized military
or law enforcement purposes by duly authorized military or law enforcement
personnel is guilty of a crime of the fourth degree.
]
�
Deleted by amendment,
P.L.��� , c.��� (C.������ ) (pending before the Legislature as this bill)

���� i.���� Transporting firearms
into this State for an unlawful sale or transfer.� Any person who knowingly
transports, ships or otherwise brings into this State any firearm for the
purpose of unlawfully selling, transferring, giving, assigning or otherwise
disposing of that firearm to another individual is guilty of a crime of the
second degree.� Any motor vehicle used by a person to transport, ship, or
otherwise bring a firearm into this State for unlawful sale or transfer shall
be subject to forfeiture in accordance with the provisions of N.J.S.2C:64-1 et
seq.; provided however, this forfeiture provision shall not apply to innocent
owners, nor shall it affect the rights of a holder of a valid lien.

���� The temporary transfer of a
firearm shall not constitute a violation of this subsection if that firearm is
transferred:

���� (1) while hunting or target
shooting in accordance with the provisions of section 1 of P.L.1992, c.74
(C.2C:58-3.1);

���� (2) for shooting competitions
sponsored by a licensed dealer, law enforcement agency, legally recognized
military organization, or a rifle or pistol club which has filed a copy of its
charter with the superintendent in accordance with the provisions of section 1
of P.L.1992, c.74 (C.2C:58-3.1); or

���� (3) for participation in a
training course conducted by a certified instructor in accordance with the
provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2).

���� The transfer of any firearm
that uses air or carbon dioxide to expel a projectile; or the transfer of an
antique firearm shall not constitute a violation of this subsection.

���� j.���� Any person who
manufactures, causes to be manufactured, transports, ships, sells, or disposes
of a bump stock as defined in subsection ee. of N.J.S.2C:39-1 or a trigger
crank as defined in subsection ff. of N.J.S.2C:39-1 is guilty of a crime of the
third degree.

���� k.��� Purchasing firearm parts
to manufacture a firearm without a serial number.� In addition to any other
criminal penalties provided under law, a person who, with the purpose to
manufacture or otherwise assemble a firearm and without being registered or
licensed do so as provided in chapter 58 of Title 2C of the New Jersey
Statutes, purchases or otherwise obtains separately or as part of a kit a
firearm frame or firearm receiver which is not imprinted with a serial number
registered with a federally licensed manufacturer or any combination of parts
from which a firearm without a serial number may be readily manufactured or
otherwise assembled, but which does not have the capacity to function as a
firearm unless manufactured or otherwise assembled is guilty of a crime of the
second degree.� Notwithstanding the provisions of N.J.S.2C:1-8 or any other
law, a conviction under this subsection shall not merge with a conviction for
any other criminal offense and the court shall impose separate sentences upon a
violation of this subsection and any other criminal offense.

���� As used in this subsection,
"firearm frame or firearm receiver" means the part of a firearm that
provides housing for the firearm's internal components, such as the hammer,
bolt or breechblock, action, and firing mechanism, and includes without
limitation any object or part which is not a firearm frame or receiver in
finished form but is designed or intended to be used for that purpose and which
may readily be made into a firearm frame or receiver through milling or other
means.

���� l.���� Manufacturing or
facilitating the manufacture of a firearm using a three-dimensional printer.�
In addition to any other criminal penalties provided under law it is a
second-degree crime for:

���� (1) a person who is not
registered or licensed to do so as a manufacturer as provided in chapter 58 of
Title 2C of the New Jersey Statutes, to use a three-dimensional printer or
similar device to manufacture or produce a firearm, firearm receiver, magazine,
or firearm component; or

���� (2) a person to distribute by
any means, including the Internet, to a person in New Jersey who is not
registered or licensed as a manufacturer as provided in chapter 58 of Title 2C
of the New Jersey Statutes, digital instructions in the form of computer-aided
design files or other code or instructions stored and displayed in electronic
format as a digital model that may be used to program a three-dimensional
printer to manufacture or produce a firearm, firearm receiver, magazine, or
firearm component.

���� As used in this subsection:
"three-dimensional printer" means a computer or computer-driven
machine or device capable of producing a three-dimensional object from a
digital model; and "distribute" means to sell, or to manufacture, give,
provide, lend, trade, mail, deliver, publish, circulate, disseminate, present,
exhibit, display, share, advertise, offer, or make available via the Internet
or by any other means, whether for pecuniary gain or not, and includes an
agreement or attempt to distribute.

���� m.�� Covert or undetectable
firearms.� Any person who manufactures, causes to be manufactured, transports,
ships, sells or disposes of any covert firearm as defined in subsection hh. of
N.J.S.2C:39-1 or any undetectable firearm as defined in subsection ii. of
N.J.S.2C:39-1 is guilty of a crime of the second degree.

���� n. Transporting a manufactured
firearm without a serial number.� In addition to any other criminal penalties
provided under law, a person who transports, ships, sells, or disposes of a
firearm manufactured or otherwise assembled using a firearm frame or firearm
receiver as defined in subsection k. of this section which is not imprinted
with a serial number registered with a federally licensed manufacturer,
including but not limited to a firearm manufactured or otherwise assembled from
parts purchased or otherwise obtained in violation of subsection k. of this
section, is guilty of a crime of the second degree.

(cf: P.L.2022, c.53, s.1)

���� 4. �N.J.S.2C:39-12 is amended
to read as follows:

���� 2C:39-12.�� No person shall be
convicted of an offense under this chapter for possessing any firearms,
weapons, destructive devices,
[
large capacity ammunition magazines,
]

silencers or explosives, if after giving written notice of his intention to do
so, including the proposed date and time of surrender, he voluntarily
surrendered the weapon, device, instrument or substance in question to the
superintendent or to the chief of police in the municipality in which he
resides, provided that the required notice is received by the superintendent or
chief of police before any charges have been made or complaints filed against
such person for the unlawful possession of the weapon, device, instrument or
substance in question and before any investigation has been commenced by any
law enforcement agency concerning the unlawful possession.� Nothing in this
section shall be construed as granting immunity from prosecution for any crime
or offense except that of the unlawful possession of such weapons, devices,
instruments or substances surrendered as herein provided.

(cf: P.L.2018, c.39, s.6)

���� 5.� The following sections are
repealed:

���� Sections 3 through 5 of
P.L.2018, c.39 (C.2C:39-17 through C.2C:39-19); and

���� Section 7 of P.L.2018, c.39
(C.2C:39-20).

���� 6. �This act shall take effect
immediately.

STATEMENT

���� This bill removes capacity
restrictions on firearm ammunition in New Jersey.

���� Under current law, a large
capacity ammunition magazine is defined as one that is capable of holding more
than 10 rounds of ammunition to be fed continuously and directly therefrom into
a semi-automatic firearm. Possession of a large capacity ammunition magazine is
a fourth degree crime, with certain exceptions. Manufacture of a large capacity
ammunition magazine also is a fourth degree crime, with certain exceptions.
Additionally under current law, a semi-automatic rifle meets the statutory
definition of assault firearm if it has a fixed magazine capacity that exceeds
10 rounds and a semi-automatic shotgun meets the statutory definition of
assault firearm if it has a magazine capacity exceeding six rounds.� Unlawful
possession of an assault firearm is a second degree crime.

���� � The bill amends various
sections of statutory law to remove the capacity restriction for ammunition
magazines including the penalties associated with possessing or manufacturing a
high capacity magazine. The bill also amends the definition of �assault firearm�
so that a semi-automatic shotgun and semi-automatic rifle would not be
considered assault firearms based solely on ammunition magazine capacity.

���� The bill additionally repeals
several sections of statutory law enacted in 2018 concerning the current
10-round limit, as the removal of a capacity limit obviates their necessity.
The sections include an exemption from the 10-round limit for law enforcement
officers and regulations and registration requirements applicable to owners of
ammunition magazines that accept more than 10 rounds.