In New Jersey, a semi-automatic shotgun that can hold more than six rounds is classified as an assault firearm and is banned outright, while a separate law caps magazines for any semi-automatic firearm at 10 rounds. Pump-action shotguns have no general capacity limit, but any shotgun used for hunting is limited to three shells at a time. That is the short version of the New Jersey shotgun capacity limit; the details below explain which rule catches which shotgun.
The Six-Round Line for Semi-Automatic Shotguns
This is the rule that surprises most owners. Under New Jersey’s definitions, a semi-automatic shotgun becomes an “assault firearm” the moment it has any one of the following:1Justia Law. New Jersey Revised Statutes Section 2C:39-1 – Definitions
- A magazine capable of holding more than six rounds
- A pistol grip that protrudes conspicuously beneath the action
- A folding or telescoping stock
Only one feature is needed. A semi-automatic shotgun with a seven-round tube and a traditional stock is an assault firearm. So is one with a five-round tube and a pistol grip. Several specific models are also banned by name, including the Street Sweeper, Striker 12, Franchi SPAS 12, and USAS 12.1Justia Law. New Jersey Revised Statutes Section 2C:39-1 – Definitions
What matters is what the magazine is capable of holding, not what you’ve loaded. A tube built for eight rounds loaded with five is still an eight-round tube. A removable plug does not fix the problem for possession purposes because the shotgun remains capable of holding more than six rounds once the plug comes out. Any reduction has to be permanent.
If you own a semi-automatic shotgun, count the rounds it is built to hold and check the stock and grip before bringing it into New Jersey. Possessing an assault firearm carries substantially longer prison terms than a magazine-only violation.
The 10-Round Magazine Cap
New Jersey separately defines a “large capacity ammunition magazine” as any box, drum, tube, or other container that can hold more than 10 rounds and feed them continuously into a semi-automatic firearm.1Justia Law. New Jersey Revised Statutes Section 2C:39-1 – Definitions2Justia Law. New Jersey Revised Statutes Section 2C:39-3 – Prohibited Weapons and Devices3FindLaw. New Jersey Statutes Title 2C Section 2C:39-9
For semi-automatic shotguns this cap exists, but the six-round assault firearm threshold usually controls first. By the time a semi-auto shotgun magazine reaches 11 rounds, the gun has already been an assault firearm for four rounds. The 10-round cap matters more for detachable magazines built for other semi-automatic firearms.
The Third Circuit upheld the 10-round limit in 2018, finding it reasonably fit the state’s public safety interest and did not violate the Second Amendment.4Justia. Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3d Cir. 2018) That ruling predates the Supreme Court’s 2022 Bruen decision, which changed how Second Amendment challenges are analyzed, so this area of law may keep shifting.
Pump-Action Shotguns
The assault firearm definition and the large capacity magazine definition both single out semi-automatic firearms. A pump-action shotgun with a fixed tubular magazine generally falls outside both, because the tube is not feeding a semi-automatic action.
The practical effect: a pump shotgun with a seven- or eight-round tube is not an assault firearm in New Jersey, and features like a pistol grip or folding stock on a pump gun do not trigger the assault firearm classification the way they do on a semi-auto. Hunting rules still apply once the gun goes into the field.
Three Shells When Hunting
When hunting in New Jersey, the capacity limit drops sharply. It is unlawful to use a shotgun capable of holding more than three shells at one time.5eRegulations. General Hunting Regulations – New Jersey The only exceptions are the September Canada Goose Season and any Spring Light Goose Conservation Order season, when the three-shell limit is lifted.
Unlike the general possession rules, hunting regulations do accept a removable magazine plug as a way to comply. A five- or six-round shotgun with a plug installed meets the three-shell requirement in the field. Two cautions: pulling the plug while hunting is a violation, and a plug does nothing for the separate assault firearm and large capacity magazine rules that govern possession off the field.
Penalties
The consequences track which rule you break:
- Possessing a large capacity magazine over 10 rounds is a fourth-degree crime, carrying up to 18 months in prison and a fine of up to $10,000.2Justia Law. New Jersey Revised Statutes Section 2C:39-3 – Prohibited Weapons and Devices6Justia Law. New Jersey Revised Statutes Section 2C:43-3 – Fines and Restitutions
- Manufacturing, selling, or transporting a large capacity magazine is also a fourth-degree crime with the same sentencing range.3FindLaw. New Jersey Statutes Title 2C Section 2C:39-9
- Possessing an assault firearm is a more serious offense under N.J.S.A. 2C:39-5, carrying substantially longer prison terms than the magazine charge alone.
Firearms found in violation can be seized and permanently forfeited. New Jersey prosecutors do not typically extend leniency to first-time firearms offenders, and ignorance of the law is not a defense.
Passing Through With an Out-of-State Shotgun
If you’re driving through the state with a shotgun that’s legal at your starting point and destination, the federal Firearm Owners’ Protection Act offers a defense. Under 18 U.S.C. ยง 926A, you may transport a firearm through any state as long as it is unloaded and neither it nor any ammunition is readily accessible from the passenger compartment.7Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms In a vehicle without a separate trunk, both must be in a locked container other than the glove compartment or console.
FOPA is a defense, not an immunity. New Jersey has a documented history of arrests during traffic stops and at airports even where FOPA arguably applies. If you must pass through, keep the shotgun locked in the trunk, keep ammunition in a separate locked container, drive the direct route, and don’t plan to stop overnight.