SUBCHAPTER 5. MACHINE GUNS, ASSAULT FIREARMS AND LARGE CAPACITY
AMMUNITION MAGAZINES
N.J.A.C. 13:54-5.1 Purchase or sale of assault firearms and machine guns (a) Except as provided in N.J.S.A. 2C:39-6, no person shall possess a machine gun without first
having obtained a license in accordance with the provisions of this chapter. Except as provided in N.J.S.A. 2C:39-6, no person shall possess an assault firearm without first having obtained a license
in accordance with the provisions of this chapter, registered the assault firearm pursuant to N.J.S.A. 2C:58-12, or rendered the assault firearm inoperable pursuant to N.J.S.A. 2C:58-13.
(b) Any licensed dealer in firearms who sells or otherwise transfers a machine gun or an assault firearm shall confirm both the identity of the purchaser, and in the case of a licensee, the validity
of the license. A machine gun or assault firearm shall be delivered unloaded and securely wrapped.
(c) A licensed dealer who accepts an assault firearm and/or machine gun from a private citizen for transfer, resale or repair shall, within 48 hours of such acquisition, notify the Superintendent. Such
dealer shall maintain possession of the assault firearm and/or machine gun, until he or she receives permission from the Superintendent to proceed with the transfer, resale or repair of the weapon.
Failure by the dealer to comply with this requirement may result in the revocation of the license or registration of such dealer.
(d) In addition to the permanent records of receipt or disposition of firearms required by this chapter to be maintained by a wholesale or resale dealer, such dealers shall keep and maintain a
separate ledger for the acquisition or receipt and sale or disposition of machine guns and assault firearms. This ledger shall be in the same form and contain the same information as provided for in
N.J.A.C. 13:54-3.13, 3.14 and 3.15 and N.J.A.C. 13:54-4.12.
N.J.A.C. 13:54-5.2 License to purchase, possess or carry a machine gun or assault firearm
(a) Licenses to purchase, possess or carry a machine gun or assault firearm shall be issued by a judge of the Superior Court in accordance with the provisions of N.J.S.A. 2C:58-5. The application for such license shall be referred to the county prosecutor for investigation, recommendation and preparation of a report.
(b) The report of the county prosecutor shall be served upon the Superintendent and the chief of police of every municipality in which the applicant intends to carry the machine gun or assault
firearm. The Superintendent and/or the chief of police, or their designees, may personally appear and oppose the issuance of any license to acquire a machine gun or assault firearm. If the court
issues a license, the Superintendent and/or chief of police, or their designees, may appeal that decision in accordance with the Rules of Court.
(c) Upon issuance of a license by a court, a true copy of such license shall be filed with the Superintendent and chief of police of the municipality where the licensee resides or has his place
of business.
(d) At any time, the Superintendent, a chief of police, any law enforcement officer of this State or any other citizen may apply to the court which issued the license for revocation on the ground that
the licensee is no longer qualified to possess such license by virtue of his inability to satisfy the statutory requirements of N.J.S.A. 2C:58-4 and 2C:58-5, or if revocation is necessary in order to
protect the public safety and welfare.
N.J.A.C. 13:54-5.3 Disposition of machine gun or assault firearm upon death of licensee or registered holder(a)
If the holder of a license to purchase, possess or carry a machine gun or assault firearm dies, or if the owner of an assault firearm, which has been registered pursuant to N.J.S.A. 2C:58-12 dies,
then the heirs or estate of the deceased person shall have 90 days from the date of death to transfer the firearm to a licensed dealer or person or firm lawfully entitled to own or possess such firearm;
voluntarily surrender the firearm pursuant to the provisions of N.J.S.A. 2C:39-12; or, only in the case of an assault firearm, render the firearm inoperable pursuant to the provisions of N.J.S.A. 2C:58-13.
In the event that the heir or legatee of the assault firearm does not qualify for a firearms purchaser identification card or a permit to purchase a handgun, he or she must immediately transfer
possession of such firearm to the chief law enforcement officer of the municipality or the Superintendent during such 90-day period.
(b) For purposes of this section, "inoperable" shall mean that the firearm is altered in such a manner that it cannot be immediately fired and that the owner or possessor of the firearm does not
possess or have control over the parts necessary to make the firearm operable. In the event that the firearm is rendered inoperable, the heir or estate shall file a certification on the form prescribed by
the Superintendent, indicating the date on which the firearm was rendered inoperable. The certification shall be filed with either the chief of police of the municipality in which the heir
resides, or if the municipality does not have a full time police department, or if the owner resides outside of this State, with the Superintendent.
N.J.A.C. 13:54-5.4 Notification of ineligibility to possess assault firearm or machine gun
Any person having knowledge that a person is subject to any of the disabilities which would render such person ineligible to procure a license to purchase, possess or carry a machine gun or
assault firearm, or to continue to be registered as an owner of an assault firearm, may notify the appropriate chief of police or the Superintendent, who may take such action as may be deemed
appropriate.