Open carry in New Jersey is illegal for handguns, with no exception for permit holders, and it is only allowed for rifles and shotguns if the firearm is unloaded and the carrier holds a valid Firearms Purchaser Identification Card. New Jersey is one of the most restrictive states in the country on public firearm carry, and a 2022 law made openly displaying a handgun a separate crime even when the person has a concealed carry permit.
Why Handgun Open Carry Is Illegal
Two statutes work together to close off any legal path to openly carrying a handgun in public.
The first is N.J.S.A. 2C:39-5, which makes it a second-degree crime to possess any handgun without a carry permit. The statute does not distinguish between concealed and visible possession, so carrying a handgun openly with no permit falls squarely within it.1Justia. New Jersey Code 2C:39-5 – Unlawful Possession of Weapons
The second is N.J.S.A. 2C:58-4.5, enacted in 2022. It makes openly carrying a handgun in a public place a fourth-degree crime even when the carrier holds a valid permit.2Justia Law. New Jersey Code 2C:58-4.5 – Restrictions, Public Carrying, Handgun There is no license, endorsement, or exception that authorizes a private citizen to openly carry a handgun on a New Jersey street.
Long Guns: The Narrow Exception
Rifles and shotguns sit under a different rule. You can openly carry a long gun in New Jersey if you hold a valid Firearms Purchaser Identification Card, but the firearm must be unloaded. Possessing a loaded long gun in public is prohibited, with limited exceptions for hunting and law enforcement.
Even where open carry of a long gun is technically legal, walking around a public area with a visible rifle or shotgun tends to draw police attention quickly, and any stray step outside the FPIC and unloaded conditions turns lawful conduct into a criminal charge.
Transporting a Firearm by Vehicle
When any firearm moves by vehicle, it must be unloaded and stored in a closed, fastened case, a gun box, a securely tied package, or locked in the trunk.3Justia. New Jersey Code 2C:39-6 – Exemptions Handguns can be transported without a carry permit only for narrow purposes: to and from your home, place of business, a target range, a hunting or fishing trip (with the appropriate license), a gunsmith, or a place of purchase. The route must be direct, with only “reasonably necessary” deviations. A grocery stop on the way home from the range can pull you outside the exemption.
What the Penalties Look Like
The two open-carry scenarios carry very different punishments.
Carrying a handgun openly with no permit at all is charged under 2C:39-5 as a second-degree crime, which carries a prison term of five to ten years.4Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime Where certain aggravating factors apply, the sentence includes a mandatory five-year minimum before parole eligibility, and the defendant is generally ineligible for intensive supervision as an alternative to prison.1Justia. New Jersey Code 2C:39-5 – Unlawful Possession of Weapons
Openly carrying a handgun while holding a valid concealed carry permit is a fourth-degree crime under 2C:58-4.5. That exposes the carrier to up to 18 months in prison and a fine of up to $10,000.4Justia. New Jersey Code 2C:43-6 – Sentence of Imprisonment for Crime5Justia. New Jersey Code 2C:43-3 – Fines and Restitutions A permit holder whose jacket rides up and exposes a holstered handgun can, in theory, be charged. The gap between “concealed and legal” and “visible and criminal” is that thin.
Who Can Carry Openly Anyway
The general prohibition does not apply to law enforcement officers, active military personnel on duty, or licensed security guards performing job duties. These exemptions are set out in separate provisions of N.J.S.A. 2C:39-6.3Justia. New Jersey Code 2C:39-6 – Exemptions Private citizens, including retired officers unless separately authorized, do not fall within these categories.
The Only Legal Way to Carry a Handgun
Since open carry is off the table, the only lawful way a private citizen can carry a handgun in public is concealed, with a New Jersey carry permit. The permit process changed substantially after the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which struck down the state’s old “justifiable need” standard. Applicants today must be at least 21, pass a background check with no disqualifying history, provide four non-family references, and complete a live-fire qualification under the CCARE protocol.6New Jersey Government Services. Concealed Carry Permits Permits are valid for two years.7Justia. New Jersey Code 2C:58-4 – Permits to Carry Handguns
A 2022 amendment also requires permit holders to carry at least $300,000 in liability insurance, but the Third Circuit Court of Appeals blocked that requirement as likely unconstitutional, so its enforceability is unsettled.8Justia. New Jersey Code 2C:58-4.3 – Liability Insurance
Where Even a Permit Does Not Help
A concealed carry permit is not a license to carry everywhere. New Jersey’s 2022 reform came paired with a broad list of “sensitive places” where carrying is prohibited regardless of permit status under N.J.S.A. 2C:58-4.6. Several of these catch permit holders off guard:
- State, county, and municipal government buildings, including police stations and courthouses
- Schools, colleges, universities, school buses, day care centers, nursery schools, and summer camps
- Government-owned parks, beaches, playgrounds, and recreation facilities
- Any restaurant or establishment that serves alcohol
- Hospitals, nursing homes, clinics, assisted living facilities, mental health treatment facilities, and medical offices
- Theaters, stadiums, arenas, racetracks, casinos, and concert or exhibit venues
- Airports and public transportation hubs
- Publicly owned or leased libraries and museums
- Polling places during an election
- Within 100 feet of any permitted public demonstration or event
- Homeless shelters, domestic violence shelters, children’s shelters, and residential facilities for people with developmental disabilities
- Licensed cannabis retailers, medical dispensaries, and consumption areas
- Facilities that produce, convert, distribute, or store energy
Some of these restrictions have been partially blocked by the Third Circuit, while others remain in force. The list continues to shift through ongoing litigation, so checking for recent court orders is worthwhile before relying on any specific carve-out.
The Practical Takeaway
For handguns, open carry is not a legal option in New Jersey. Even the small subset of residents who successfully obtain a carry permit can only carry concealed, and only outside the state’s long list of sensitive places. For long guns, open carry is technically possible with an FPIC card and an unloaded firearm, but the practical margin for error is small and the penalties for a misstep are serious. Anyone weighing whether to carry openly should assume the answer is no and plan around a concealed carry permit instead.