The federal National Firearms Act (26 U.S.C. Chapter 53, the NFA) regulates short-barreled rifles, short-barreled shotguns, firearm silencers...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
NFA Items in New Jersey
Updated
NFA Items in New Jersey
The federal National Firearms Act (26 U.S.C. Chapter 53, the NFA) regulates short-barreled rifles, short-barreled shotguns, firearm silencers (suppressors), machine guns, destructive devices, and "any other weapon" (AOW). Lawful possession at the federal level requires ATF registration and an approved transfer or making application. New Jersey law is separate and far more restrictive. A federal tax stamp does not authorize possession in New Jersey, and federal registration is not a defense to a New Jersey criminal charge. Most NFA-regulated items are flatly prohibited for civilians here under N.J.S.A. 2C:39-3 and 2C:39-5.
Treat the New Jersey analysis as controlling. If you cannot point to a specific statutory exemption, assume the item is illegal to possess in this state.
Federal tax changes (read before relying on older "$200 stamp" figures)
Under Pub. L. 119-21 (enacted July 4, 2025), the NFA making and transfer tax was changed. For calendar quarters beginning more than 90 days after July 4, 2025, the tax is $200 for a machine gun or a destructive device and $0 for all other NFA items, including silencers, short-barreled rifles, short-barreled shotguns, and AOWs. The first qualifying quarter began January 1, 2026. Older ATF.gov pages and forms may still display the prior $200 (or $5 AOW) figures, but the statutory amounts above control. None of this changes New Jersey law. A $0 federal tax does not make a suppressor or SBR legal to possess in New Jersey.
Silencers (suppressors)
Federal: Lawful with ATF registration and an approved transfer.
New Jersey: A "firearm silencer" is defined at N.J.S.A. 2C:39-1g. Knowing possession is prohibited under N.J.S.A. 2C:39-3c and is a crime of the fourth degree (up to 18 months imprisonment under N.J.S.A. 2C:43-6a(4)).
Bottom line: Suppressors are illegal for civilians in New Jersey even with a federal stamp. The only statutory carve-out is a narrow special deer management permit issued by the Division of Fish and Wildlife under N.J.S.A. 2C:39-3g(5), which does not authorize general purchase or possession.
Short-barreled rifles and short-barreled shotguns
New Jersey folds both of these into one defined term. Under N.J.S.A. 2C:39-1o, a "sawed-off shotgun" means a shotgun with a barrel under 18 inches, a rifle with a barrel under 16 inches, or any firearm made from a rifle or shotgun with an overall length under 26 inches.
Federal: Lawful with ATF registration and an approved transfer. An SBR is a rifle with a barrel under 16 inches or an overall length under 26 inches; an SBS is a shotgun with a barrel under 18 inches or an overall length under 26 inches.
New Jersey: Knowing possession of a "sawed-off shotgun" (which by definition includes a short-barreled rifle) is prohibited under N.J.S.A. 2C:39-3b and is a crime of the third degree (three to five years under N.J.S.A. 2C:43-6a(3)).
Graves Act: A conviction under N.J.S.A. 2C:39-3b is one of the offenses enumerated in the Graves Act, N.J.S.A. 2C:43-6c, which requires a mandatory minimum period of parole ineligibility fixed at one-half of the sentence imposed or 42 months, whichever is greater, or 18 months in the case of a fourth-degree crime.
Bottom line: SBRs and SBSs are illegal in New Jersey. The federal stamp does not authorize possession.
Machine guns
Federal: Civilian possession is limited to machine guns registered before May 19, 1986 (the Hughes Amendment closed the registry to new civilian machine guns).
New Jersey definition: N.J.S.A. 2C:39-1i defines "machine gun" as any firearm or instrument not requiring that the trigger be pressed for each shot, with a means of storing and feeding ammunition. The definition also expressly includes any firearm with a trigger crank attached.
New Jersey penalty: Knowing possession of a machine gun without a license issued under N.J.S.A. 2C:58-5 is a crime of the second degree under N.J.S.A. 2C:39-5a (five to ten years under N.J.S.A. 2C:43-6a(2)). This is a serious felony, not a regulatory infraction, and it is one of the offenses subject to the Graves Act mandatory minimum under N.J.S.A. 2C:43-6c.
The license: N.J.S.A. 2C:58-5 allows a person to apply to the Superior Court for a license to purchase, possess, and carry a machine gun or assault firearm. The Superior Court refers the application to the county prosecutor. No license may issue to a person who would not qualify for a permit to carry a handgun under N.J.S.A. 2C:58-4, and none may issue unless the court finds that the public safety and welfare so require. A license may be revoked by the Superior Court after a hearing on notice.
Bottom line: Civilian machine gun possession is a second-degree crime absent a 2C:58-5 court license. Federal registration does not substitute for that license.
Destructive devices
Federal: Bombs, grenades, mines, certain large-bore weapons, and similar items are NFA-regulated.
New Jersey: "Destructive device" is defined at N.J.S.A. 2C:39-1c. It includes explosive or incendiary bombs, mines and grenades; rockets with a propellant charge of more than four ounces, or a missile with an explosive or incendiary charge of more than one-quarter ounce; any weapon capable of firing a projectile larger than 60 caliber (other than a sporting shotgun); Molotov cocktails; and any center-fire rifle capable of firing a .50 BMG cartridge. Knowing possession of a destructive device is prohibited under N.J.S.A. 2C:39-3a and is a crime of the third degree.
Bottom line: Illegal for civilians in New Jersey. Federal registration is not a defense.
Any Other Weapon (AOW)
Federal: AOWs include items such as pen guns, cane guns, certain smooth-bore handguns, and pistols with a vertical foregrip.
New Jersey: New Jersey has no "AOW" category. Each item is analyzed under the specific definitions in N.J.S.A. 2C:39-1 and the prohibitions in N.J.S.A. 2C:39-3. Many AOW-style items fall within the prohibited "covert firearm" definition (N.J.S.A. 2C:39-1hh, possession a third-degree crime under N.J.S.A. 2C:39-3m), the firearm-without-a-serial-number prohibition (N.J.S.A. 2C:39-3n, third degree), or, if no permit was obtained, unlawful possession of a handgun under N.J.S.A. 2C:39-5b.
Bottom line: Treat AOWs as prohibited in New Jersey absent a specific written determination from counsel that a particular item is lawful here.
NFA trusts and dealers
A New Jersey resident can form a federal NFA trust and acquire NFA items at the federal level. The trust does not create any right to possess those items in New Jersey. The practical lawful uses are limited:
Possessing and using the NFA item outside New Jersey, in a state where it is legal.
A federal firearms licensee with the appropriate Special Occupational Tax (SOT) class, operating as a New Jersey-licensed dealer or manufacturer, may hold prohibited weapons for business purposes. N.J.S.A. 2C:58-5 governs licenses to possess machine guns and assault firearms, and N.J.S.A. 2C:39-6 sets out the statutory exemptions to N.J.S.A. 2C:39-5.
A civilian without the proper New Jersey license or statutory exemption cannot lawfully store NFA items in New Jersey, regardless of how the federal paperwork is titled.
Pistol braces
New Jersey law does not classify a brace-equipped firearm by reference to any federal rule about stabilizing braces. If a brace-equipped firearm meets the New Jersey "sawed-off shotgun" definition at N.J.S.A. 2C:39-1o (for example, a rifle-configured firearm with a barrel under 16 inches or an overall length under 26 inches), its possession is a third-degree crime under N.J.S.A. 2C:39-3b independent of any federal rule.
Bump stocks, trigger cranks, binary and forced-reset triggers
Bump stocks and trigger cranks: New Jersey defines "bump stock" at N.J.S.A. 2C:39-1ee and "trigger crank" at N.J.S.A. 2C:39-1ff. Knowing possession of either, whether or not the person also possesses a firearm, is a crime of the third degree under N.J.S.A. 2C:39-3l. The New Jersey ban stands on the New Jersey definitions and does not depend on how a bump stock is classified under federal law.
Trigger cranks, second path: Because N.J.S.A. 2C:39-1i states that a machine gun includes any firearm with a trigger crank attached, a firearm so equipped can also be charged as a machine gun under N.J.S.A. 2C:39-5a (second degree).
Binary and forced-reset triggers: The New Jersey machine gun definition turns on whether the trigger must be pressed for each shot. The classification of any specific device turns on whether it meets that test. Treat binary triggers and forced-reset triggers as prohibited in New Jersey and confirm with counsel before acquiring one.
Assault firearms and large-format pistols
Separate from the NFA, New Jersey bans "assault firearms" as defined at N.J.S.A. 2C:39-1w, a list that includes named models, substantially identical firearms, semi-automatic rifles with a fixed magazine capacity over 10 rounds, certain semi-automatic shotguns, and firearms with a bump stock attached. Knowing possession of an assault firearm is a crime of the second degree under N.J.S.A. 2C:39-5f, unless it is licensed under N.J.S.A. 2C:58-5, registered under N.J.S.A. 2C:58-12, or rendered inoperable under N.J.S.A. 2C:58-13. AR-style and AK-style pistols and similar large-format handguns can fall within this definition. Check each model against the assault firearm test before acquiring it, because the penalty is a second-degree felony subject to the Graves Act (N.J.S.A. 2C:43-6c).
Large capacity magazines
New Jersey limits magazines to 10 rounds. A "large capacity ammunition magazine" is defined at N.J.S.A. 2C:39-1y as any box, drum, tube, or other container capable of holding more than 10 rounds fed continuously into a semi-automatic firearm. Knowing possession is a crime of the fourth degree under N.J.S.A. 2C:39-3j, subject to the narrow registration exceptions in that subsection.
Bringing NFA items into New Jersey
A person who enters New Jersey while in possession of a prohibited NFA item is in violation of New Jersey law upon entry. The federal interstate transport protection at 18 U.S.C. 926A applies to lawful transport of ordinary "firearms" through a state, and it does not legalize possession of items New Jersey separately prohibits. If you are traveling with NFA items, do not route through New Jersey. Note also that carrying a firearm into a secured area of an airport or aboard an aircraft is a separate federal offense under 49 U.S.C. 46505.
Limited exceptions
Active-duty military: N.J.S.A. 2C:39-6a(1) exempts members of the Armed Forces and National Guard while on duty or traveling to or from duty with authorized weapons.
Law enforcement: Various categories of law enforcement officers are exempt under N.J.S.A. 2C:39-6, subject to the firearms training conditions in subsection j.
Licensed dealers and manufacturers: Business licensees holding the appropriate state license and, where applicable, a 2C:58-5 license may possess otherwise-prohibited weapons for business purposes.
Antique cannons and certain antiques: N.J.S.A. 2C:39-6d(2) lifts N.J.S.A. 2C:39-3a and 2C:39-5d for an antique cannon that is unloaded and immobile and is possessed by a scholastic institution, museum, municipality, county, or the State, or by a person holding a Firearms Purchaser Identification Card. Subsections d(3) and d(4) cover transport and supervised firing on the conditions stated there.
The Graves Act, N.J.S.A. 2C:43-6c, attaches a mandatory minimum period of parole ineligibility (one-half of the sentence or 42 months, whichever is greater) to several of these offenses, including unlawful possession of a machine gun (2C:39-5a), an assault firearm (2C:39-5f), a handgun (2C:39-5b), and a sawed-off shotgun or short-barreled rifle (2C:39-3b). The Graves Act does not, by its terms, enumerate the silencer, destructive device, or bump stock offenses, but those remain third- or fourth-degree crimes in their own right.
26 U.S.C. Chapter 53 - Federal National Firearms Act.
18 U.S.C. 926A - Federal interstate transport of firearms (does not legalize NFA items in New Jersey).
49 U.S.C. 46505 - Federal airport and aircraft weapons offense.
Bottom line
If it is an NFA item, assume it is illegal to possess in New Jersey. The federal tax stamp, even at the reduced or $0 amounts now in effect under Pub. L. 119-21, does not authorize possession here. Machine guns and assault firearms are second-degree crimes; silencers, short-barreled rifles and shotguns, destructive devices, and bump stocks are third- or fourth-degree crimes; and several of these carry Graves Act mandatory minimums. The narrow exceptions are for active-duty military, law enforcement, and properly licensed dealers and manufacturers. Trust structures do not change the New Jersey result. Confirm the current status of any item with a New Jersey firearms attorney before acquiring it.
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