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Are you under a Stay At Home order?  Have the gun shows in your area closed down due to the pandemic? Gun stores around the country are overrun with new purchasers and more questions than ever are arising about how to conduct a private sale as an alternative.

Can you sell a firearm privately to an individual in New Jersey? The answer is no.

PRIVATE SALES ARE AGAINST THE LAW

Under the new law, private sales can no longer occur in New Jersey. The only private sales that can occur are very narrow: to immediate family members. Even if you’re selling to an immediate family member, all paperwork has to be done. Paperwork includes a Pistol Purchase Permit for handguns or Certificates of Eligibility with a Firearm ID card for long arms. If it’s not with an immediate family member, no private sales can take place.

YOU MUST USE A LICENSED DEALER

If you want to sell a firearm to any person, it has to go through a Federal Firearms Licensed (“FFL”) dealer who will take the firearm and do all of the paperwork, run the NICS check, and, of course, charge an additional fee.

In New Jersey, the only legal way to conduct a private sale of a firearm to someone outside of your family is to go through an FFL. Up until this new law, you were able to do private transfers with all proper licensing and permits. It is now against the law and a felony offense if you make a private sale without going through a dealer, unless it’s to immediate family members. So, beware and be careful.

If you have any other questions about private sales of firearms, feel free to call U.S. LawShield and ask to speak with your Independent Program Attorney.

The information provided should not be construed as legal advice or as the creation of an attorney-client relationship. The information provided is “as is” without any representations or warranties, express or implied, and should not be relied as an alternative to individual legal advice. If you have any specific questions about any legal matter, you should consult the attorney of your choice.