The Difference Between New Jersey And Texas Gun Laws
The following is a guest blog post by Adam H. Rosenblum, Passaic County, NJ defense attorney. The views expressed are the opinions of the author and do not reflect those of the Law Office of James Alston.
Guns and gun control have become a very hot topic in the news and throughout the United States. With the events in Newtown, Connecticut, President Barack Obama announced during his State of the Union address that gun control will be an issue at the forefront of US politics in 2013. If you own a gun or would like more information on gun laws, it’s important to understand that there are federal and state laws that gun owners should be aware of. This article will address the difference between gun laws in both New Jersey and Texas.
What Are The Gun Laws For New Jersey?
The gun laws for the State of New Jersey are extremely rigid and there are many laws that gun owners should be aware of. New Jersey gun laws regulate the sale, use, possession and ammunition quantities allowed with respect to guns. In New Jersey a person cannot buy, receive, transfer ownership and dispose of a firearm unless that person has acquired a lifetime Firearm Purchaser card for the purchase of handguns, rifles and shotguns. To purchase a handgun a separate permit is required for each gun purchased which lasts for 90 days. The application for a gun permit can usually be found at your local police station in New Jersey. If a person is caught carrying a gun with a permit, they will be charged with unlawful weapon possession, which is a Third Degree Crime.
For What Reasons Can I Be Denied A Permit To Purchase A Gun?
In order to acquire a permit to purchase and carry a firearm, one must apply for a permit at their local police station. N.J.S.A. 2C:58-3 lists the reasons to which a person can be denied a firearm ID card or a permit to purchase a handgun, some of those reasons include:
- A prior conviction of a crime (felony in NJ)
- A prior conviction of a disorderly persons (misdemeanor in NJ) involving domestic violence
- Prior drug or alcohol addiction
- Physical defect or disease which would render an individual unable to safely handle a gun
- Under age to acquire Firearm Purchaser card or to apply for a permit to purchase
- Individual is subject to a restraining order.
Other restrictions and gun laws to be aware of in New Jersey include carrying a firearm in a New Jersey airport. Arrests have been made for having an unregistered handgun when flying out of NJ airports. New Jersey also prohibits the possession of assault weapons and magazines that hold more than 15 rounds of ammunition. A state license, which is only given on a limited basis, is required for the possession of automatic firearms.
What Are The Gun Laws In Texas?
Texas laws are not as strict as the laws in New Jersey, however if your currently own or plan on owning a gun in Texas it is important that you fully understand the laws. First there is no state background check to purchase a gun and only the federal background check is required. This means that the Texas does not investigate into an individual’s criminal background on a state level. Also there is no waiting period to purchase a firearm in Texas and you are not required to register firearms in Texas.
To purchase a firearm you need a valid state-issued ID in Texas. The other major distinction between Texas and New Jersey is that Texas does not ban the use of assault weapons or limit the number of rounds that a magazine may hold.
Adam H. Rosenblum is a Passaic County, NJ defense attorney. Mr. Rosenblum’s primary focus is criminal defense, personal injury, copyright infringement and Social Security