New Jersey Assault Firearms Law: What Makes a Rifle Legal or Illegal
Reviewed by William A. Proetta, Esq. · Updated October 2026
New Jersey has banned "assault firearms" since 1990, and possession of one is a second-degree crime under N.J.S.A. 2C:39-5f carrying five to ten years in prison with a mandatory minimum under the Graves Act. Yet AR-15-pattern rifles are sold legally in New Jersey gun shops every day. The difference between the legal rifle on the shelf and the illegal one in the evidence locker is a short list of features, and most people, including some police officers, get the list wrong. This guide explains the three ways a firearm becomes an "assault firearm" under New Jersey law, what a compliant rifle looks like, and where the law stands after the Third Circuit's 2026 decision striking it down.
Three ways a gun becomes an "assault firearm"
The definition is in N.J.S.A. 2C:39-1w. A firearm is an assault firearm if it falls into any one of three categories.
1. It is on the named list. N.J.S.A. 2C:39-1w(1) lists specific makes and models by name, among them the Colt AR-15 and CAR-15 series, the Armalite AR-180 type, Avtomat Kalashnikov (AK) type semi-automatic firearms, Uzi type semi-automatic firearms, the Intratec TEC 9 and 22, the Steyr A.U.G., the Beretta AR-70 and BM59, the Springfield Armory BM59 and SAR-48 type, the Bushmaster Assault Rifle, the Ruger K-Mini-14/5F and Mini-14/5RF, the SKS with detachable magazine type, the M1 carbine type, the FN-FAL, FN-LAR and FN-FNC types, the Heckler & Koch HK91, HK93, HK94, MP5 and PSG-1, the SIG AMT and 550/551SP types, the MAC 10 and MAC 11 carbine types, any shotgun with a revolving cylinder such as the Street Sweeper or Striker 12, the Franchi SPAS 12 and LAW 12 shotguns, and the USAS 12 shotgun, along with roughly twenty others. A firearm on the list is an assault firearm regardless of its features.
2. It is "substantially identical" to a named firearm. This is the category that does the real work, because almost no modern rifle is sold under the exact names on the 1990 list. The Attorney General's 1996 Guidelines Regarding the "Substantially Identical" Provision define the test by features. A semi-automatic firearm is substantially identical to a named assault firearm if it meets the following:
- Semi-automatic rifle with a detachable magazine that has at least two of these five features: (a) a folding or telescoping stock; (b) a pistol grip that protrudes conspicuously beneath the action; (c) a bayonet mount; (d) a flash suppressor or a threaded barrel designed to accommodate one; (e) a grenade launcher.
- Semi-automatic pistol with a detachable magazine that has at least two of: (a) a magazine that attaches outside the pistol grip; (b) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer; (c) a shroud attached to or encircling the barrel that allows the shooter to hold the firearm with the non-trigger hand without being burned; (d) a manufactured weight of 50 ounces or more unloaded; (e) a semi-automatic version of an automatic firearm.
- Semi-automatic shotgun that has at least two of: (a) a folding or telescoping stock; (b) a pistol grip; (c) a fixed magazine capacity over six rounds; (d) the ability to accept a detachable magazine.
The popular shorthand "three evil features" is the California test. New Jersey's threshold is two. A rifle with a pistol grip and a flash hider is an assault firearm here even though it would be legal in several other restrictive states.
3. It meets one of the stand-alone definitions. Independently of the named list and the feature test, the statute defines as an assault firearm:
- Any firearm manufactured under any designation that is substantially identical to a named firearm (w(2)).
- A semi-automatic shotgun with a magazine capacity exceeding six rounds, a pistol grip, or a folding stock (w(3)).
- A semi-automatic rifle with a fixed magazine capacity exceeding ten rounds, excluding rifles with an attached tubular device that fire only .22 rimfire (w(4)).
- A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person (w(5)).
What a New Jersey-compliant AR-15 looks like
Because the feature test requires two features, a semi-automatic rifle with a detachable magazine may have one of the five. The industry has settled on keeping the pistol grip and removing everything else:
| Feature | Non-compliant rifle | Compliant rifle |
|---|---|---|
| Stock | Collapsible / telescoping | Fixed, or an adjustable stock pinned so it cannot move |
| Pistol grip | Yes | Yes (this is the one allowed feature) |
| Muzzle device | Flash hider, or bare threaded barrel | Muzzle brake or compensator pinned and welded over the threads, or no threads |
| Bayonet lug | Present | Removed or ground off |
| Grenade launcher | Any launcher or launching attachment | None |
| Magazine | Any capacity over 10 | 10 rounds or fewer (see the large-capacity magazine page) |
Two cautions. First, the muzzle device matters more than people think: a threaded barrel with a muzzle brake simply screwed on still "accommodates" a flash suppressor, so compliant builds pin and weld the brake. Second, a "featureless" rifle with a fin or spur grip instead of a pistol grip is legal but unnecessary in New Jersey, because one feature is permitted; owners who go featureless usually do so to leave room for a different single feature.
Common misconceptions
- "It's a .22, so it can't be an assault firearm." Caliber is irrelevant. A .22 LR rifle on the named list, or a .22 semi-automatic with a detachable magazine and two features, is an assault firearm. Several rimfire AR-pattern rifles have produced charges.
- "It was legal in the state I bought it in." New Jersey law applies to possession in New Jersey. Moving here with an assault firearm is a second-degree crime unless it is rendered inoperable, surrendered, or removed from the State. There is no grace period and no new-resident registration window.
- "I registered it in 1991." N.J.S.A. 2C:58-12 allowed an owner who had purchased an assault firearm on or before May 1, 1990, and who belonged to a chartered rifle or pistol club, to register it with the State Police within one year of the 1990 act, for target shooting, on payment of a $50 fee. Those registrations remain valid, but the window closed decades ago and cannot be reopened, and on the owner's death the heirs have 90 days to dispose of the firearm under N.J.S.A. 2C:58-13.
- "It's a pistol, not a rifle." AR and AK pistols are analyzed under the pistol feature test. A threaded barrel plus a barrel shroud, or a threaded barrel plus a weight over 50 ounces, is two features. Most AR pistols as sold elsewhere are assault firearms in New Jersey.
- "The parts are in separate boxes." The "combination of parts" clause means that owning a compliant rifle plus a collapsible stock and a flash hider in a drawer can be charged as possession of an assault firearm if the parts can be readily assembled.
Penalties
Possession of an assault firearm is a crime of the second degree under N.J.S.A. 2C:39-5f: five to ten years in State Prison, with the mandatory parole-ineligibility term of the Graves Act, N.J.S.A. 2C:43-6c. The statutory exceptions are a firearm 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. A person with a prior conviction for an offense listed in N.J.S.A. 2C:43-7.2d who possesses an assault firearm commits a first-degree crime under 2C:39-5j. Manufacture, transport, or sale of an assault firearm is also a crime. For out-of-state visitors and first offenders, the Graves Act waiver process described on the Graves Act page is the main avenue to a non-custodial outcome.
Where the law stands: ANJRPC v. Attorney General
In Association of New Jersey Rifle & Pistol Clubs v. Attorney General, decided en banc on July 17, 2026 and consolidated with Cheeseman v. Attorney General and Ellman v. Attorney General, the Third Circuit held 10-5 that both the assault-firearm definition in N.J.S.A. 2C:39-1w and the ten-round magazine limit in N.J.S.A. 2C:39-1y violate the Second Amendment under the framework of New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022). The State Police initially announced the ruling would take effect July 31, 2026. On August 4, 2026 the Third Circuit granted the State's motion to stay its ruling pending a petition for certiorari to the United States Supreme Court. Under the stay, the ban remains in force until the Supreme Court denies review or, if it grants review, until it decides the case.
The Supreme Court had already agreed, on June 30, 2026, to hear challenges to the Illinois and Connecticut assault-weapons bans (Viramontes and Grant), so the constitutionality of these laws will likely be settled in the Court's 2026-2027 term. Until then, every word of this guide remains the enforceable law of New Jersey, a person charged with possession today has no defense based on the Third Circuit's ruling, and anyone who acquires or builds a non-compliant rifle in anticipation of the ban falling is committing a second-degree crime.
Frequently Asked Questions
Is the AR-15 legal in New Jersey?
A rifle marketed as an AR-15 is legal only if it is not a Colt-branded AR-15 (which is on the named list) and has no more than one of the five listed features. Most New Jersey dealers sell AR-pattern rifles configured with a pistol grip only.
How many features make a rifle an assault firearm in NJ?
Two. Not three.
Can I own an assault firearm if I registered it before 1991?
Yes, if it was registered under N.J.S.A. 2C:58-12 and you still hold the registration. Disposition on the owner's death is governed by N.J.S.A. 2C:58-13.
I’m moving to New Jersey with an AR-15. What do I do?
Before you cross the state line, either reconfigure it to a compliant build, sell it, or leave it with someone out of state. Bringing it in as-is is a second-degree crime from the moment you arrive.
Did the Third Circuit legalize assault weapons in New Jersey?
No. The decision is stayed and the ban is in force.
Talk to Us About Assault firearms
Firearms cases in New Jersey are won or lost on details: the exact wording of an exemption, the order in which things happened at a traffic stop, what was disclosed on an application. If you have been charged, denied a permit, or had firearms seized, call William Proetta Criminal Law. We handle weapons matters throughout New Jersey from offices in Jersey City and Edison, and we can usually tell you in one conversation where your case stands and what the realistic outcomes are.