Are Compensators Legal in NJ?
Introduction
In New Jersey, the laws regarding suppressors, also known as compensators or silencers, are complex and controversial. While some individuals argue that they are a constitutional right, others believe that they pose a significant risk to public safety. As a result, there are strict regulations and requirements surrounding the ownership and use of suppressors in the state.
Are Compensators Legal in NJ?
Yes, But with Restrictions
Compensators, or silencers, are legal in New Jersey, but with specific requirements and restrictions. Under federal law, individuals who are at least 21 years old and legally entitled to own firearms can apply for a tax stamp from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to purchase a suppressor. However, the process is more complicated in New Jersey due to the state’s strict laws.
State Law
New Jersey has some of the strictest gun control laws in the country, including laws regulating the possession and use of suppressors. Under New Jersey state law, it is illegal to possess a suppressor without a valid tax stamp from the ATF and registration with the New Jersey State Police. Additionally, individuals must meet certain criteria to be eligible to purchase a suppressor, including:
• Being a U.S. citizen
• Being at least 21 years old
• Passing a background check
• Having a valid reason for owning a suppressor (such as hunting or recreational shooting)
Tax Stamp and Registration Requirements
To obtain a tax stamp in New Jersey, individuals must apply to the ATF and provide documentation, including:
• Proof of citizenship and identity
• Proof of residency
• A photograph
• Fingerprints
• A completed Form 4 (Application for Tax-Exempt Transfer and Registration of Firearm)
• A fee of $200
Once approved, the individual will receive a tax stamp, which is valid for 60 days. During this time, the individual must register the suppressor with the New Jersey State Police. Failure to register the suppressor within the 60-day period can result in criminal charges.
Constitutional Questions
The legality of suppressors in New Jersey has raised constitutional questions. The Second Amendment to the U.S. Constitution guarantees the right to keep and bear arms, but the scope of this right is unclear. Some argue that suppressors are a protected right, while others believe that they pose a significant risk to public safety.
Recent Legal Challenges
In recent years, there have been several legal challenges to the legality of suppressors in New Jersey. In Caetano v. Massachusetts (2016), the U.S. Supreme Court ruled that a federal law prohibiting the manufacture and sale of suppressors is unconstitutional. However, the court did not specifically address the legality of suppressors in New Jersey.
Conclusion
In summary, compensators, or silencers, are legal in New Jersey, but with strict regulations and requirements. Individuals who are eligible to own firearms and have a valid reason for owning a suppressor can apply for a tax stamp and registration with the New Jersey State Police. However, failure to comply with the law can result in criminal charges.
Table: Tax Stamp and Registration Requirements in New Jersey
| Requirement | Description |
|---|---|
| Tax Stamp | $200 fee |
| Registration | Within 60 days of receiving the tax stamp |
| Proof of Citizenship | Valid driver’s license or passport |
| Proof of Residency | Valid utility bill or lease agreement |
| Photograph | Recent photo of applicant |
| Fingerprints | Fingerprint card completed through local law enforcement |
| Form 4 | Completed application for tax-exempt transfer and registration of firearm |
Additional Resources
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF): www.atf.gov
- New Jersey State Police: www.njsp.org
- Second Amendment Foundation: www.saf.org
