Bill Text: NJ S2723 | 2012-2013 | Regular Session | Introduced
Bill Title: Revises statutes concerning firearms purchaser identification cards and handgun purchase permits; makes handgun purchase permit valid for four years.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Enrolled - Dead) 2013-08-19 - Conditional Veto, Received in the Senate [S2723 Detail]
Download: New_Jersey-2012-S2723-Introduced.html
Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
Senator LORETTA WEINBERG
District 37 (Bergen)
Co-Sponsored by:
Senators Gill and Pou
SYNOPSIS
Revises statutes concerning firearms purchaser identification cards and handgun purchase permits; makes handgun purchase permit valid for four years.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning firearms and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Beginning on the first day of the 25th month following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), every firearms purchaser identification card issued to a resident of this State and every permit to purchase a handgun shall be affirmed as embedded information on that resident's driver's license issued pursuant to R.S.39:3-10.
A resident 18 years of age or older who has been issued a firearms purchaser identification card and who is the holder of a probationary driver's license issued pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4) shall have the issuance of that card affirmed as embedded information on that probationary driver's license
A resident who has been issued a firearms purchaser identification card or a permit to purchase a handgun, but who is not the holder of a New Jersey driver's license shall have the issuance of that card or permit affirmed as information embedded on that resident's identification card issued pursuant to the "Identification Cards for Nondrivers' Act," P.L.1980, c.47 (C.39:3-29-2 et seq.).
b. The embedded information shall include such data as the superintendent and State law require.
The Chief Administrator of the New Jersey Motor Vehicle Commission shall provide for the use of a process or processes in the construction, preparation, and placement of the embedded information to prevent, to the greatest extent possible, the alteration, counterfeiting, forging or other modification of the information so embedded in the cardholder or permit holder's driver's license or identification card.
The chief administrator shall provide that a driver's license or identification card containing embedded information concerning whether the person is a holder of a firearms purchaser identification card or a permit to purchase a handgun, to the greatest extent possible, shall be indistinguishable from a driver's license or identification card that does not contain such embedded information.
c. The superintendent and the chief administrator shall ensure that the firearms database and the motor vehicle and driving records databases are distinct and separate entities, and that they are housed separately: the firearm records database by the superintendent and the motor vehicle and driving records by the chief administrator.
The superintendent and the chief administrator, after consultation, shall adopt protocols governing the access procedures and guidelines for these databases by law enforcement.
Non-law enforcement entities entitled or otherwise lawfully afforded access to motor vehicle and driving records shall not be authorized or permitted access to the firearms database, or to any information therein.
d. The superintendent shall ensure that a driver's license or identification card embedded with information affirming the holder is qualified and eligible to purchase and receive a rifle, shotgun, or handgun:
(1) can be, and is rendered operationally disabled for the purposes of purchasing or receiving a firearm if the holder becomes subject to any of the disabilities set forth in subsection c. N.J.S.2C:58-3; and
(2) can effectuate the purposes of P.L.2009,c.186, concerning restrictions on the number of handguns a person may purchase within any 30 day period.
2. (New section) a. Unless the holder shall otherwise become subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3, a firearms purchaser identification card issued prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall remain valid until the first renewal of the holder's driver's license or identification card occurring after the first day of the 25th month following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill)
b. As part of the application for a renewal of a resident's driver's license or identification card after that date, applicants shall be notified that they may request to have information affirming that they are the holder of a firearms purchaser identification card, a permit to purchase a handgun, or both embedded in their driver's license or identification card, as the case may be.
c. The application to have that information embedded shall provide that the issuing authority for the applicant's firearms purchaser identification card or permit to purchase a handgun, be it the chief law enforcement officer of the municipality wherein the applicant resides or the superintendent, as the case may be, shall conduct a criminal history background check and such other investigations as are required under the provisions of N.J.S.2C:58-3 to insure that the applicant is not disqualified from having an affirmation of his being the holder of a firearms purchaser identification card, a permit to purchase a handgun, or both embedded in his driver's license or identification card. Any applicant aggrieved by a denial may request a hearing in the Superior Court of the county in which he resides, as provided in subsection d. of N.J.S.2C:58-3.
d. The issuing authority shall notify the chief administrator, in a manner and form prescribed by the superintendent, whether the applicant is qualified for a firearms purchaser identification card, a permit to purchase a handgun, or both.
Upon receipt of a notice that the applicant is qualified, the chief administrator shall issue that person a driver's license or identification card with the appropriate information embedded therein.
e. (1) A firearms purchaser identification card shall remain valid, and the affirmation of that fact shall be embedded on a holder's driver's license or identification card, and each replacement or renewal thereof, until that person becomes disqualified under the provisions of N.J.S.2C:58-3.
(2) An embedded permit to purchase a handgun shall remain valid until the holder's driver's license or identification card, as the case may be, expires. At that time, the holder may apply to the issuing authority for a renewal. The issuing authority shall investigate to determine whether the applicant is still qualified for a permit to purchase a handgun. The investigation may include, at the discretion of the issuing authority, a criminal background check and other investigations required under N.J.S.2C:58-3, or any portion of those requirements.
The issuing authority shall notify the chief administrator whether an applicant is eligible to have an affirmation that he is the holder of a permit to purchase a handgun embedded in his new driver's license or identification card.
The chief administrator shall issue driver's licenses and identification cards in accordance with the determinations of the applicant's issuing authority.
f. Nothing in this section shall be construed to alter in any manner:
(1) the regulatory provisions of N.J.S.2C:58-3 governing the qualifications or eligibility for the issuance of a firearms purchaser identification card or permit to purchase a handgun;
(2) the purposes of P.L.2009,c.186, concerning restrictions on the number of handguns a person may purchase within any 30 day period;
(3) the issuance of firearms purchaser identification cards or permits to purchase a handgun to non-residents of this State;
(4) the initial issuance of firearms purchaser identification cards and any permits to purchase a handgun to residents seeking to purchase a rifle, shotgun, or handgun, as the case may be, but who at the time of their application for a firearms purchaser identification card or permit to purchase a handgun are the holder of a valid driver's license or identification card that is not embedded
with information affirming that they are qualified and eligible to purchase a handgun. Such paper cards and permits shall be issued and shall be valid only until the holder's driver's license or identification card is first subject to renewal; or
(5) any of the reporting and record keeping requirements imposed on retail dealers pursuant to N.J.S.2C:58-2.
3. (New section) Beginning on the first day of the 73rd month following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), no retail dealer shall sell, assign, or transfer any rifle, shotgun, or handgun to a resident of this State who does not present at the time of the sale, assignment, or transfer, a valid New Jersey license or identification card that is embedded with information affirming that the holder of that driver's license or identification card is qualified and eligible to purchase or receive such a rifle, shotgun, or handgun.
4. (New section) The suspension of a driver's license embedded with information affirming that the holder is qualified and eligible to purchase or receive a firearm may not result in the forfeiture of that licensee's right to purchase or receive a firearm during the period of that suspension, if, upon appeal and review, the superintendent finds that the offense leading to the suspension would not disqualify the holder from purchasing or receiving a firearm.
The superintendent shall adopt regulations to effectuate the purposes of this section. Those regulations may provide the issuance of a temporary firearms purchaser identification card or permit to purchase a handgun.
5. (New section) The superintendent shall develop and implement a public education program to notify the holders of firearms purchaser identification cards and permits to purchase a handgun, and prospective applicants for such cards or permits, of the provisions of this act.
6. (New section) a. Not later than the first day of the 25th month following the effective date of this act, the Attorney General shall develop and implement a system that allows a retail dealer of firearms to instantly determine, through the use of the information embedded in a prospective firearms purchaser's driver's license or identification card, whether that purchaser is qualified and eligible to purchase a firearm.
b. On and after the first day of the 73rd month following the effective date of this act, and except as otherwise provided in paragraph (4) of subsection f. of section 2 of this act concerning the issuance of initial firearms purchaser identification cards and permits to purchase a handgun in certain cases, no retail dealer of firearms or agent or employee of a retail dealer of firearms shall sell, transfer, or assign any firearm to a resident of this State whose driver's license or identification card is not embedded with the information required under the provisions of this act and that dealer or agent utilizes the system established pursuant to subsection a. of this section to ensure that the purchaser is qualified and eligible to purchase or receive the firearm. The system also shall be of a design and with a capacity to facilitate the record keeping and reporting information a dealer is required to perform concerning firearms transactions under N.J.S.2C:58-2 and to ensure that the purchaser or transferee is in compliance with the provisions of P.L.2009, c.186, concerning limitations on the number of handguns that may be lawfully purchased within a 30 day period.
c. Between the first day of the 25th month and the first day of the 73rd month following the effective date of this act, the superintendent shall test and evaluate the system developed by the Attorney General to facilitate firearms sales, transfers, and assignments by instantly determining whether a prospective purchaser or assignee is qualified and eligible to purchase or receive a firearm. The superintendent shall select, and over time expand, the number of the retail licensees to participate in the test.
If, after 36 months of testing, the superintendent determines that the system is seriously flawed and is incapable of reliably facilitating lawful firearms sales, transfers, and assignments, the superintendent shall so report to the Governor and the Legislature recommending that the provisions of section 3 of P.L. , c. (C.)(pending before the Legislature of this bill) and subsection b. of this section be postponed until such time as the Attorney General and the superintendent shall determine that the system is fully operational and capable of reliably facilitating lawful firearms sales, transfers, and assignments for the residents of this State.
7. (New section) On and after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), an applicant shall not be issued his first permit to purchase a handgun or his first firearms purchaser identification card unless the applicant presents evidence of successfully completing a firearms safety class or course of a type approved by the superintendent or has received such training through law enforcement or military service. Acceptable evidence of successfully completing a firearms safety class or course shall include, but not be limited to, a copy of the applicant's DD214 or a Certificate of Release or Discharge from Active Duty, a certificate indicating satisfactory completion of an NRA firearms course, a New Jersey hunting license or New Jersey Hunter's Education Course card or certificate a New Jersey permit to carry a handgun, a certificate that the applicant is a certified NRA Firearms Instructor, a copy of a firearms or hunting license or permit from any other jurisdiction that requires the holder to successfully complete a comparable firearms safety class or course, or any other such documentation, certificate, or certification that the superintendent deems appropriate.
The course or class, which shall be not more than four hours in total, may be offered by the National Rifle Association, a State or local law enforcement agency, junior college, college, university, firearms training school, or any other entity approved by the superintendent.
The superintendent shall prescribe the basic curriculum for the firearms safety class or course required under this section.
In developing that curriculum, the superintendent shall consult with a firearms safety panel which shall consist of four members. Two of the members shall be appointed by the Senate President; one shall represent organizations, associations, or clubs promoting hunting, shooting sports or competitions and one of whom shall represent organizations, associations, or other entities advocating gun violence prevention. Two of the members shall be appointed by the Speaker of the General Assembly; one shall represent organizations, associations, or clubs promoting hunting, shooting sports or competitions and one shall represent organization, associations or other entities advocating gun violence prevention. The superintendent shall serve as chair of the panel. The panel shall meet at those times and in those places as the chair shall determine.
The curriculum shall include, but not be limited to, classes relating to responsible firearms ownership, safe storage, restricting access to firearms by unsupervised minors, and any other matters relating to protecting the safety and well being of New Jersey's families and children.
The basic curriculum shall be adopted within 60 days of the appointment of the panel's members. Should the panel fail to adopt the basic curriculum within that timeframe, the superintendent shall act independently in prescribing the provisions of the basic curriculum.
The superintendent shall prescribe the form or certificate an applicant shall receive, evidencing the successful completion of the firearms safety course required under this section and the manner in which that form or certificate shall be presented in order to qualify for a permit to purchase a handgun, a firearms purchaser identification card, or the embedding of information affirming that a person is the holder of such a card or permit in his driver's license or identification card.
8. N.J.S.2C:39-10 is amended to read as follows:
2C:39-10. Violation of the regulatory provisions relating to firearms; false representation in applications.
a. (1) Except as otherwise provided in paragraph (2) of this subsection, any person who knowingly violates the regulatory provisions relating to manufacturing or wholesaling of firearms (section 2C:58-1), retailing of firearms (section 2C:58-2), permits to purchase certain firearms (section 2C:58-3), permits to carry certain firearms (section 2C:58-4), licenses to procure machine guns or assault firearms (section 2C:58-5), or incendiary or tracer ammunition (section 2C:58-10), except acts which are punishable under section 2C:39-5 or section 2C:39-9, is guilty of a crime of the fourth degree.
(2) A licensed dealer who knowingly violates the provisions of subparagraph (d) of paragraph (5) of subsection a. of N.J.S.2C:58-2 is a disorderly person.
b. Any person who knowingly violates the regulatory provisions relating to notifying the authorities of possessing certain items of explosives (section 2C:58-7), or of certain wounds (section 2C:58-8) is a disorderly person.
c. (1) Any person who gives or causes to be given any false information, or signs a fictitious name or address, in applying for a firearms purchaser identification card, a permit to purchase a handgun, a permit to carry a handgun, a permit to possess a machine gun, a permit to possess an assault firearm, or in completing the certificate or any other instrument required by law in purchasing or otherwise acquiring delivery of any rifle, shotgun, handgun, machine gun, or assault firearm or any other firearm, is guilty of a crime of the third degree.
(2) Any person who gives or causes to be given any false information on the form or certificate an applicant receives evidencing that person's successful completion of the firearms safety course required pursuant to section 7 of P.L. , c. (C.)(pending before the Legislature as this bill) is guilty of a crime of the third degree.
d. Any person who gives or causes to be given any false information in registering an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or in certifying that an assault firearm was rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) commits a crime of the fourth degree.
e. Any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person who is under the age of 18 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree. Notwithstanding any other provision of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum three-year term of imprisonment, during which the defendant shall be ineligible for parole.
f. Unless the recipient is authorized to possess the handgun in connection with the performance of official duties under the provisions of N.J.S.2C:39-6, any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a handgun to a person who is under the age of 21 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree.
g. Any person who knowingly gives or causes to be given any false information or knowingly engages in any other fraudulent conduct in applying for an exemption to purchase more than one handgun in a 30-day period in violation of the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4) shall be guilty of a crime of the third degree. The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this subsection.
(cf: P.L.2009, c.186, s.3)
9. (New Section) a. As used in this section, "rifle ammunition" means ammunition specifically designed to be used in a rifle. "Shotgun ammunition" means ammunition specifically designed to be used in a shotgun. Blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition shall not be construed to be rifle ammunition or shotgun ammunition for the purposes of this section.
b. No person shall sell, give, transfer, assign or otherwise dispose of, receive, purchase, or otherwise acquire rifle ammunition or shotgun ammunition unless the purchaser, assignee, donee, receiver, or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, a valid permit to carry a handgun, a valid New Jersey hunting license, or a valid New Jersey driver's license or identification card embedded with information affirming that the person is the holder of a firearms purchaser identification card or permit to purchase a handgun and first exhibits such card, permit, or license to the seller, donor, transferor, assignor.
c. (1) No person shall sell, give, transfer, assign or otherwise dispose of rifle ammunition or shotgun ammunition to a person who is under 18 years of age.
(2) No rifle ammunition or shotgun ammunition shall be shipped to an address other than that appearing on the purchaser or transferee's valid firearms purchaser identification card, valid copy of a permit to purchase a handgun, valid permit to carry a handgun, valid New Jersey hunting license, or valid New Jersey driver's license or identification card embedded with information affirming that the person is the holder of a firearms purchaser identification card or permit to purchase a handgun that was exhibited to consummate the sale or transfer.
d. The provisions of this section shall not apply to a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, possesses, or transfers rifle ammunition or shotgun ammunition which is recognized as being historical in nature or of historical significance.
e. A person who violates this section shall be guilty of a crime of the fourth degree, except that nothing contained herein shall be construed to prohibit the sale, transfer, assignment or disposition of rifle ammunition or shotgun ammunition to, or the purchase, receipt or acceptance of ammunition by, a law enforcement agency or law enforcement official for law enforcement purposes.
f. Nothing in this section shall be construed to prohibit the transfer of ammunition for use in a lawfully transferred firearm in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (2C:58-3.2), or section 14 of P.L.1979, c.179 (C.2C:58-6.1).
g. Nothing in this section shall be construed to prohibit the sale of a de minimis amount of rifle ammunition or shotgun ammunition at a firearms range operated by a licensed dealer; a law enforcement agency; a legally recognized military organization; or a rifle or pistol club which has filed a copy of its charter with the superintendent fore immediate use at that range.
10. Section 1 of P.L.2007, c.318 (C.2C:58-3.3) is amended to read as follows:
1. a. As used in this act, "handgun ammunition" means ammunition specifically designed to be used only in a handgun. "Handgun ammunition" shall not include blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition.
b. No person shall sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire handgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, a valid permit to carry a handgun, or a valid New Jersey driver's license or identification card embedded with information affirming that the person is the holder of a firearms purchaser identification card or permit to purchase a handgun and first exhibits such card, permit, or license to the seller, donor, transferor or assignor.
c. (1) No person shall sell, give, transfer, assign or otherwise dispose of handgun ammunition to a person who is under 21 years of age.
(2) No handgun ammunition shall be shipped to an address other than that appearing on the purchaser or transferee's valid firearms purchaser identification card, valid copy of a permit to purchase a handgun, valid permit to carry a handgun, or valid New Jersey driver's license or identification card embedded with information affirming that the person is the holder of a firearms purchaser identification card or permit to purchase a handgun that was exhibited to consummate the sale or transfer.
d. The provisions of this section shall not apply to a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, possesses, or transfers handgun ammunition which is recognized as being historical in nature or of historical significance.
e. A person who violates this section shall be guilty of a crime of the fourth degree, except that nothing contained herein shall be construed to prohibit the sale, transfer, assignment or disposition of handgun ammunition to or the purchase, receipt or acceptance of ammunition by a law enforcement agency or law enforcement official for law enforcement purposes.
f. Nothing in this section shall be construed to prohibit the transfer of ammunition for use in a lawfully transferred firearm in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (C.2C:58-3.2) or section 14 of P.L.1979, c.179 (C.2C:58-6.1).
g. Nothing in this section shall be construed to prohibit the sale of a de minimis amount of handgun ammunition at a firearms range operated by a licensed dealer; a law enforcement agency; a legally recognized military organization; or a rifle or pistol club which has filed a copy of its charter with the superintendent for immediate use at that range.
(cf:P.L.2007, c.318, s.1)
11. (New section) a. A person who has been convicted of any of the following crimes or a substantially similar offense in any other jurisdiction who subsequently purchases, owns, possesses or controls firearms ammunition is guilty of a crime of the fourth degree:
(1) aggravated assault pursuant to N.J.S.2C:12-1;
(2) arson pursuant to N.J.S.2C:17-1;
(3) burglary pursuant to N.J.S.2C:18-2;
(4) escape pursuant to N.J.S.2C:29-5;
(5) extortion pursuant to N.J.S.2C:20-5;
(6) murder pursuant to N.J.S.2C:11-3;
(7) aggravated manslaughter or manslaughter pursuant to N.J.S.2C:11-4;
(8) kidnapping pursuant to N.J.S.2C:13-1;
(9) robbery pursuant to N.J.S.2C:15-1;
(10) aggravated sexual assault pursuant to N.J.S.2C:14-2;
(11) sexual assault pursuant to N.J.S.2C:14-2;
(12) bias intimidation pursuant to N.J.S.2C:16-1;
(13) endangering the welfare of a child pursuant to N.J.S.2C:24-4;
(14) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);
(15) a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1;
(16) leader of a narcotics trafficking network pursuant to N.J.S.2C:35-3;
(17) maintaining or operating a controlled dangerous substance production facility pursuant to N.J.S.2C:35-4;
(18) manufacturing, distributing or dispensing controlled dangerous substances pursuant to N.J.S.2C:35-5;
(19) employing a juvenile in a drug distribution scheme pursuant to N.J.S.2C:35-6;
(20) distributing or dispensing on or near school property pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7);
(21) distributing imitation controlled dangerous substances pursuant to N.J.S.2C:35-11;
(22) possession of prohibited weapons and devices pursuant to N.J.S.2C:39-3;
(23) possession of weapons for unlawful purposes pursuant to N.J.S.2C:39-4;
(24) manufacture, transport, disposition or defacement of weapons and dangerous instruments and appliances pursuant to N.J.S.2C:39-9;
(25) disarming a law enforcement officer pursuant to subsection b. of section 1 of P.L. 1996, c.14 (C.2C:12-11);
(26) carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2);
(27) human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8);
(28) racketeering pursuant to N.J.S.2C:41-1 et seq.;
(29) producing or possessing chemical weapons, biological agents or nuclear or radiological devices pursuant to section 3 of P.L.2002, c.26 (C.2C:38-3); or
(30) terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2).
b. The provisions of this section shall not apply to a person convicted of an offense enumerated in paragraphs (22) or (23) of subsection a. of this section involving any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
c. Notwithstanding the provisions of this section, a person who has been convicted of an offense enumerated in subsection a. of this section who receives an acquittal on appeal, an expungement, a pardon, or any other reversal of the conviction may purchase, own, possess, or control ammunition without a judicial proceeding being required.
12. Section 1 of P.L.1991, c.397 (C.2C:58-15) is amended to read as follows:
1. a. A person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control commits a disorderly persons offense if a minor gains access to the firearm, unless the person:
(1) Stores the firearm in a securely locked box or container;
(2) Stores the firearm in a location which a reasonable person would believe to be secure; or
(3) Secures the firearm with a trigger lock.
b. This section shall not apply:
(1) To activities authorized by section 14 of P.L.1979, c.179, (C.2C:58-6.1), concerning the lawful use of a firearm by a minor; or
(2) Under circumstances where a minor obtained a firearm as a result of an unlawful entry by any person.
c. As used in this act, "minor" means a person under the age of 16.
d. A person is guilty of a crime of the fourth degree if a violation of this section results in bodily injury or death.
(cf: P.L.1991, c.397, s.1)
13. (New section) a. A law enforcement officer, who has seized any firearm or other weapon, or firearms purchaser identification card, valid permit to purchase a handgun, or embedded New Jersey driver's license or identification card embedded with information affirming that the person is the holder of a firearms purchaser identification card, a permit to purchase a handgun, or both pursuant to section subsection g. of section 10 of P.L.1987, c.116 (C.30:4-27.10) or subsection a. of section 15 of P.L.1987, c.116 (C.30:4-27.15), shall deliver the seized weapon, firearms purchaser identification card, and permit to purchase a handgun, or embedded New Jersey driver's license or identification card to the county prosecutor, who shall prepare a report that identifies the name and address of the owner of the weapon, card, permit, or license and provide an inventory of the seized items.
b. Upon an administrative or court order for the discharge of a person from whom a firearm or other weapon, firearms purchaser identification card, valid permit to purchase a handgun, or embedded New Jersey driver's license or identification card has been seized or disabled pursuant to subsection g. of section 10 of P.L.1987, c.116 (C.30:4-27.10) or subsection a. of section 15 of P.L.1987, c.116 (C.30:4-27.15), the court or treatment team authorizing discharge of the person shall give written notice of the discharge to the appropriate county prosecutor.
c. The seized weapons shall be returned to the owner except upon order of the Superior Court. The prosecutor who has possession of the seized weapons may, upon notice to the owner, petition a judge of the Superior Court, within 45 days of the owner's discharge, to obtain title to the seized weapons, or to revoke or disable any and all valid cards, permits, licenses, and other authorizations for the use, possession, or ownership of such weapons pursuant to the law governing such use, possession, or ownership, or may object to the return of the weapons on such grounds as are provided for the initial rejection or later revocation of the authorizations, or on the grounds that the owner is unfit, or that the owner poses a threat to the public in general, or a person or persons in particular.
d. A hearing shall be held and a record made thereof within 45 days of the notice provided for in subsection c. of this section. No formal pleading and no filing fee shall be required as a preliminary to such hearing. The hearing shall be summary in nature. Appeals from the results of the hearing shall be to the Superior Court, Appellate Division, in accordance with the law.
e. If the prosecutor does not institute an action within 45 days of the owner's discharge, a seized weapon, card, permit, or license shall be returned to the owner or in the case of a disabled embedded New Jersey driver's license or identification card, enabled.
f. (1) If, after the hearing, the court determines that the possession of any weapons or authorizations to purchase them does not pose a threat to the owner's own safety or the safety of others, or that the owner is not subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3, the court shall order the return of the weapons, firearms, and any permits, cards, or licenses related thereto to the owner or the enabling of these licenses or cards, as appropriate.
Nothing in this act shall be construed to limit the authority of the State or a law enforcement officer to seize, retain, or forfeit property pursuant to chapter 64 of Title 2C of the New Jersey Statutes.
(2) If, after the hearing, the court determines that the weapons are not to be returned to the owner, the court may:
(a) With respect to weapons other than firearms, order the prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days; or
(b) Order the revocation of the owner's firearms purchaser identification card and any valid permit to purchase a handgun, or the operational disabling of any embedded license or card, in which case the court shall order the owner to surrender any firearm seized and all other firearms possessed to the prosecutor and shall order the prosecutor to dispose of the firearms if the owner does not arrange for the sale of the firearms to a registered dealer of the firearms within 60 days; or
(c) Order such other relief as it may deem appropriate. When the court orders the weapons forfeited to the State or the prosecutor is required to dispose of the weapons, the prosecutor shall dispose of the property as provided in N.J.S.2C:64-6.
g. A civil suit may be brought to enjoin a wrongful failure to return a seized firearm where the prosecutor refuses to return the weapon after receiving a written request to do so and notice of the owner's intent to bring a civil action pursuant to this section. Failure of the prosecutor to comply with the provisions of this section shall entitle the prevailing party in the civil suit to reasonable costs, including attorney's fees, provided that the court finds that the prosecutor failed to act in good faith in retaining the seized weapon.
h. A law enforcement officer or agency shall not be held liable in any civil action brought by any person for failing to learn of, locate, or seize a weapon, firearms purchaser identification card, valid permit to purchase a handgun, or embedded New Jersey driver's license or identification card issued pursuant to P.L. , c. (pending before the Legislature as this bill), or for returning a seized weapon, card, permit, or license to its owner.
14. N.J.S.2C:58-2 is amended to read as follows:
2C:58-2. a. Licensing of retail dealers and their employees. No retail dealer of firearms nor any employee of a retail dealer shall sell or expose for sale, or possess with the intent of selling, any firearm unless licensed to do so as hereinafter provided. The superintendent shall prescribe standards and qualifications for retail dealers of firearms and their employees for the protection of the public safety, health and welfare.
Applications shall be made in the form prescribed by the superintendent, accompanied by a fee of $50 payable to the superintendent, and shall be made to a judge of the Superior Court in the county where the applicant maintains his place of business. The judge shall grant a license to an applicant if he finds that the applicant meets the standards and qualifications established by the superintendent and that the applicant can be permitted to engage in business as a retail dealer of firearms or employee thereof without any danger to the public safety, health and welfare. Each license shall be valid for a period of three years from the date of issuance, and shall authorize the holder to sell firearms at retail in a specified municipality.
In addition, every retail dealer shall pay a fee of $5 for each employee actively engaged in the sale or purchase of firearms. The superintendent shall issue a license for each employee for whom said fee has been paid, which license shall be valid for so long as the employee remains in the employ of said retail dealer.
No license shall be granted to any retail dealer under the age of 21 years or to any employee of a retail dealer under the age of 18 or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person.
All licenses shall be granted subject to the following conditions, for breach of any of which the license shall be subject to revocation on the application of any law enforcement officer and after notice and hearing by the issuing court:
(1) The business shall be carried on only in the building or buildings designated in the license, provided that repairs may be made by the dealer or his employees outside of such premises.
(2) The license or a copy certified by the issuing authority shall be displayed at all times in a conspicuous place on the business premises where it can be easily read.
(3) No firearm or imitation thereof shall be placed in any window or in any other part of the premises where it can be readily seen from the outside.
(4) No rifle or shotgun, except antique rifles or shotguns, shall be delivered to any person unless such person possesses and exhibits a valid firearms purchaser identification card or a valid New Jersey driver's license or identification card embedded with information that the holder is qualified and eligible to receive a rifle or shotgun and furnishes the seller, on the form prescribed by the superintendent, a certification signed by him setting forth his name, permanent address, firearms purchaser identification card number and such other information as the superintendent may by rule or regulation require. The certification shall be retained by the dealer and shall be made available for inspection by any law enforcement officer at any reasonable time.
(5) No handgun shall be delivered to any person unless:
(a) Such person possesses and exhibits a firearms purchaser identification card and a valid permit to purchase a handgun (PPH) or a valid New Jersey driver's license or identification card embedded with information that the holder is qualified and eligible to receive a handgun and at least seven days have elapsed since the date of application for the permit;
(b) The person is personally known to the seller or presents evidence of his identity;
(c) The handgun is unloaded and securely wrapped;
(d) Except as otherwise provided in subparagraph (e) of this paragraph, the handgun is accompanied by a trigger lock or a locked case, gun box, container or other secure facility; provided, however, this provision shall not apply to antique handguns. The exemption afforded under this subparagraph for antique handguns shall be narrowly construed, limited solely to the requirements set forth herein and shall not be deemed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes; and
(e) On and after the first day of the sixth month following the date on which the list of personalized handguns is prepared and delivered pursuant to section 3 of P.L.2002, c.130 (C.2C:58-2.4), the handgun is identified as a personalized handgun and included on that list or is an antique handgun. The provisions of subparagraph (d) of this section shall not apply to the delivery of a personalized handgun.
(6) The dealer shall keep a true record of every handgun sold, given or otherwise delivered or disposed of, in accordance with the provisions of subsections b. through e. of this section and the record shall note whether a trigger lock, locked case, gun box, container or other secure facility was delivered along with the handgun.
(7) A dealer shall not knowingly deliver more than one handgun to any person within any 30-day period. This limitation shall not apply to:
(a) a federal, State, or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;
(b) a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;
(c) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers;
(d) any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or
(e) any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).
b. Records. Every person engaged in the retail business of selling, leasing or otherwise transferring a handgun, as a retail dealer or otherwise, shall keep a register in which shall be entered the time of the sale, lease or other transfer, the date thereof, the name, age, date of birth, complexion, occupation, residence and a physical description including distinguishing physical characteristics, if any, of the purchaser, lessee or transferee, the name and permanent home address of the person making the sale, lease or transfer, the place of the transaction, and the make, model, manufacturer's number, caliber and other marks of identification on such handgun and such other information as the superintendent shall deem necessary for the proper enforcement of this chapter. The register shall be retained by the dealer and shall be made available at all reasonable hours for inspection by any law enforcement officer.
c. Forms of register. The superintendent shall prepare the form of the register as described in subsection b. of this section and furnish the same in triplicate to each person licensed to be engaged in the business of selling, leasing or otherwise transferring firearms.
d. Signatures in register. The purchaser, lessee or transferee of any handgun shall sign, and the dealer shall require him to sign his name to the register, in triplicate, and the person making the sale, lease or transfer shall affix his name, in triplicate, as a witness to the signature. The signatures shall constitute a representation of the accuracy of the information contained in the register.
e. Copies of register entries; delivery to chief of police or county clerk. Within five days of the date of the sale, assignment or transfer, the dealer shall deliver or mail by certified mail, return receipt requested, legible copies of the register forms to the office of the chief of police of the municipality in which the purchaser resides, or to the office of the captain of the precinct of the municipality in which the purchaser resides, and to the superintendent. If hand delivered a receipt shall be given to the dealer therefor.
Where a sale, assignment or transfer is made to a purchaser who resides in a municipality having no chief of police, the dealer shall, within five days of the transaction, mail a duplicate copy of the register sheet to the clerk of the county within which the purchaser resides.
(cf: P.L.2009, c.186, s.1)
15. N.J.S.2C:58-3 is amended to read as follows:
2C:58-3. a. (1) Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a firearms purchaser identification card and a permit to purchase a handgun as provided by this section or possesses a valid New Jersey driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase a handgun.
(2) A person shall sell, give, transfer, assign, or otherwise dispose of, or receive, purchase or otherwise acquire a handgun pursuant to the provisions of this section only if the transaction is conducted by or through a retail dealer licensed under State law or a Federal Firearms Licensee. The provisions of this paragraph shall not apply if the transaction is:
(a) between members of an immediate family as defined in subsection m. of this section, including a temporary transfer between a member of the military being deployed and a family member;
(b) between law enforcement officers;
(c) between collectors of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who have in their possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms; or
(d) a temporary transfer pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) and section 1 of P.L.1997, c.375 (C.2C:58-3.2).
(3) Before a transaction under this subsection is conducted, the licensee shall complete a National Instant Criminal Background Check of the person acquiring the handgun. In addition:
(a) the licensee shall submit to the Superintendant of State Police, on a form approved by the superintendant, information identifying and confirming the background check;
(b) every licensee shall maintain a record of transactions conducted pursuant to this subsection, which shall be maintained at the address set forth on the licensee's license for inspection by a law enforcement officer during reasonable hours;
(c) in addition to any fee the person receiving the handgun is required to pay for a NICS check, a licensee may charge a fee of up to $15 for a transaction conducted pursuant to this subsection; and
(d) any record produced pursuant to this subsection shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
b. Firearms purchaser identification card.
(1) No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card or a valid New Jersey driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase, receive or otherwise acquire a firearm, and first exhibits [said] that card or license to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number [or], dealer's registration number or New Jersey driver's license number or identification card number, if appropriate. The said certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.
(2) A person shall sell, give, transfer, assign, or otherwise dispose of, or receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun pursuant to the provisions of this subsection only if the transaction is conducted by or through a retail dealer licensed under State law or a Federal Firearms Licensee. The provisions of this paragraph shall not apply if the transaction is:
(a) between members of an immediate family as defined in subsection m. of this section, including a temporary transfer between a member of the military being deployed and a family member;
(b) between law enforcement officers;
(c) between collectors of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who have in their possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco and Firearms; or
(d) a temporary transfer pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) and section 1 of P.L.1997, c.375 (C.2C:58-3.2).
(3) Before a transaction under this subsection is conducted, the licensee shall complete a National Instant Criminal Background Check of the person acquiring the canon, rifle or shotgun. In addition:
(a) the licensee shall submit to the Superintendant of State Police, on a form approved by the superintendant, information identifying and confirming the background check;
(b) every licensee shall maintain a record of transactions conducted pursuant to this section which shall be maintained at the address set forth on the licensee's license for inspection by a law enforcement officer during reasonable hours;
(c) in addition to any fee the person receiving the rifle, shotgun, or antique cannon is required to pay for a NICS check, a licensee may charge a fee of up to $15 for a transaction conducted pursuant to this subsection; and
(d) any record produced pursuant to this subsection shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
c. Who may obtain. No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase or firearms purchaser identification card shall be issued, and no New Jersey driver's license or identification card shall be embedded with such information pursuant to P.L. , c. (C. )(pending before the Legislature as this bill):
(1) To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense;
(2) To any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard;
(3) To any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
(4) To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;
(5) To any person where the issuance would not be in the interest of the public health, safety or welfare;
(6) To any person who is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm;
(7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); or
(8) To any person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned.
d. Issuance. The chief of police of an organized full-time police department of the municipality where the applicant resides or the superintendent, in all other cases, shall upon application, issue to any person qualified under the provisions of subsection c. of this section a permit to purchase a handgun or a firearms purchaser identification card.
Any person aggrieved by the denial of a permit or identification card may request a hearing in the Superior Court of the county in which he resides if he is a resident of New Jersey or in the Superior Court of the county in which his application was filed if he is a nonresident. The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit or identification card. The applicant shall serve a copy of his request for a hearing upon the chief of police of the municipality in which he resides, if he is a resident of New Jersey, and upon the superintendent in all cases. The hearing shall be held and a record made thereof within 30 days of the receipt of the application for such hearing by the judge of the Superior Court. No formal pleading and no filing fee shall be required as a preliminary to such hearing. Appeals from the results of such hearing shall be in accordance with law.
e. Applications. Applications for permits to purchase a handgun and for firearms purchaser identification cards or for New Jersey driver's license or identification cards embedded with information affirming that the holder is qualified and eligible to purchase or receive a rifle, shotgun, or handgun, as authorized under P.L. , c. (C. (pending before the Legislature as this bill), shall be in the form prescribed by the superintendent and shall set forth the name, residence, place of business, age, date of birth, occupation, sex and physical description, including distinguishing physical characteristics, if any, of the applicant, and shall state whether the applicant is a citizen, whether he is an alcoholic, habitual drunkard, drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), whether he has ever been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition on a temporary, interim or permanent basis, giving the name and location of the institution or hospital and the dates of such confinement or commitment, whether he has been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an inpatient or outpatient basis for any mental or psychiatric condition, giving the name and location of the doctor, psychiatrist, hospital or institution and the dates of such occurrence, whether he presently or ever has been a member of any organization which advocates or approves the commission of acts of force and violence to overthrow the Government of the United States or of this State, or which seeks to deny others their rights under the Constitution of either the United States or the State of New Jersey, whether he has ever been convicted of a crime or disorderly persons offense, whether the person is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm, and such other information as the superintendent shall deem necessary for the proper enforcement of this chapter. For the purpose of complying with this subsection, the applicant shall waive any statutory or other right of confidentiality relating to institutional confinement. The application shall be signed by the applicant and shall contain as references the names and addresses of two reputable citizens personally acquainted with him.
Application blanks shall be obtainable from the superintendent, from any other officer authorized to grant such permit or identification card, and from licensed retail dealers.
The chief police officer or the superintendent shall obtain the fingerprints of the applicant and shall have them compared with any and all records of fingerprints in the municipality and county in which the applicant resides and also the records of the State Bureau of Identification and the Federal Bureau of Investigation, provided that an applicant for a handgun purchase permit who possesses a valid firearms purchaser identification card, or who has previously obtained a handgun purchase permit from the same licensing authority for which he was previously fingerprinted, and who provides other reasonably satisfactory proof of his identity, need not be fingerprinted again; however, the chief police officer or the superintendent shall proceed to investigate the application to determine whether or not the applicant has become subject to any of the disabilities set forth in this chapter.
f. Granting of permit or identification card; fee; term; renewal; revocation. The application for the permit to purchase a handgun, or for a New Jersey driver's license or identification card to be embedded with such information, together with a fee of $2, or the application for the firearms purchaser identification card, or a driver's license or identification card embedded with such information, together with a fee of $5, shall be delivered or forwarded to the licensing authority who shall investigate the same and, unless good cause for the denial thereof appears, shall grant the permit or the identification card, or both, if application has been made therefor, within 30 days from the date of receipt of the application for residents of this State and within 45 days for nonresident applicants. A permit to purchase a handgun shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days. A permit to purchase a handgun issued for the purposes of P.L. , c. (C. )(pending before the Legislature as this bill) shall be valid until the holder's driver's license or identification card expires, or until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section and at that time be operationally disabled. A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. In the case of driver's license or identification card embedded pursuant to P.L. , c. (C, )(pending before the Legislature as this bill), the information affirming the holder is qualified and eligible to purchase and receive a rifle or shotgun shall be valid and shall be embedded in each replacement or renewal of that person's license or card, until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section and at that time shall be operationally disabled. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10. Any firearms purchaser identification card or affirmation embedded in a driver's license or identification card may be revoked or operationally disabled by the Superior Court of the county wherein the card was issued, after hearing upon notice, upon a finding that the holder thereof no longer qualifies for the issuance of such permit or for such an affirmation. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to such court at any time for the revocation of such card or the operational disabling of any such affirmation. In any case where a person has been convicted of a crime, the court, upon motion of the county prosecutor, shall determine whether the person possesses a firearms purchaser identification card, a valid permit to purchase a handgun, or holds a driver's license or identification card embedded with information affirming the holder's qualification and eligibility to purchase or receive a rifle, shotgun, or handgun. Upon determining that the convicted person possesses such a card, license, or permit, the court at sentencing either shall revoke the card or permit, or in the case of an embedded driver's license or identification card, shall direct the superintendent to operationally disable the license or card, after notice and a hearing.
There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter.
g. Disposition of fees. All fees for permits shall be paid to the State Treasury if the permit is issued by the superintendent, to the municipality if issued by the chief of police, and to the county treasurer if issued by the judge of the Superior Court.
h. Form of permit; quadruplicate; disposition of copies. [The] In the case of a paper permit to purchase a handgun issued pursuant to this section, the permit shall be in the form prescribed by the superintendent and shall be issued to the applicant in quadruplicate. Prior to the time he receives the handgun from the seller, the applicant shall deliver to the seller the permit in quadruplicate and the seller shall complete all of the information required on the form. Within five days of the date of the sale, the seller shall forward the original copy to the superintendent and the second copy to the chief of police of the municipality in which the purchaser resides, except that in a municipality having no chief of police, such copy shall be forwarded to the superintendent. The third copy shall then be returned to the purchaser with the pistol or revolver and the fourth copy shall be kept by the seller as a permanent record.
i. Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each paper permit [and no] issued pursuant to this section. No more than one handgun shall be purchased within any 30-day period, regardless of whether the purchaser presents a paper permit or an embedded driver's license or identification card to the seller or transferor, but this limitation shall not apply to:
(1) a federal, State or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;
(2) a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;
(3) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers
(4) transfers of handguns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer[.] ;
(5) any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or
(6) any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).
The provisions of this subsection shall not be construed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes;
A person shall not be restricted as to the number of rifles or shotguns he may purchase, provided he possesses a valid firearms purchaser identification card or a driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase and possess a rifle or shotgun and provided further that he signs the certification required in subsection b. of this section for each transaction.
j. Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase [or], a firearms purchaser identification card, or a driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase a rifle, shotgun, or handgun shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.
k. Sawed-off shotguns. Nothing in this section shall be construed to authorize the purchase or possession of any sawed-off shotgun.
l. Nothing in this section and in N.J.S.2C:58-2 shall apply to the sale or purchase of a visual distress signalling device approved by the United States Coast Guard, solely for possession on a private or commercial aircraft or any boat; provided, however, that no person under the age of 18 years shall purchase nor shall any person sell to a person under the age of 18 years such a visual distress signalling device.
m. For the purposes of this section, "immediate family" means a spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), parent, stepparent, grandparent, aunt, uncle, sibling, stepsibling, child, stepchild, and grandchild, as related by blood or by law.
(cf: P.L.2009, c.186, s.2)
16. N.J.S.2C:58-4 is amended to read as follows:
2C:58-4. Permits to carry handguns
a. Scope and duration of authority. Any person who holds a valid permit to carry a handgun issued pursuant to this section shall be authorized to carry a handgun in all parts of this State, except as prohibited by [section 2C:39-5e] subsection e. of N.J.S.2C:39-5. One permit shall be sufficient for all handguns owned by the holder thereof, but the permit shall apply only to a handgun carried by the actual and legal holder of the permit.
All permits to carry handguns shall expire [2] two years from the date of issuance or, in the case of an employee of an armored car company, upon termination of his employment by the company occurring prior thereto whichever is earlier in time, and they may thereafter be renewed every [2] two years in the same manner and subject to the same conditions as in the case of original applications.
b. Application forms. All applications for permits to carry handguns, and all applications for renewal of such permits, shall be made on the forms prescribed by the superintendent. Each application shall set forth the full name, date of birth, sex, residence, occupation, place of business or employment, and physical description of the applicant, and such other information as the superintendent may prescribe for the determination of the applicant's eligibility for a permit and for the proper enforcement of this chapter. The application shall be signed by the applicant under oath, and shall be indorsed by three reputable persons who have known the applicant for at least [3] three years preceding the date of application, and who shall certify thereon that the applicant is a person of good moral character and behavior.
c. Investigation and approval. Each application shall in the first instance be submitted to the chief police officer of the municipality in which the applicant resides, or to the superintendent, (1) if the applicant is an employee of an armored car company, or (2) if there is no chief police officer in the municipality where the applicant resides, or (3) if the applicant does not reside in this State. The chief police officer, or the superintendent, as the case may be, shall cause the fingerprints of the applicant to be taken and compared with any and all records maintained by the municipality, the county in which it is located, the State Bureau of Identification and the Federal Bureau of Identification. He shall also determine and record a complete description of each handgun the applicant intends to carry.
No application shall be approved by the chief police officer or the superintendent unless the applicant demonstrates that he is not subject to any of the disabilities set forth in [2C:58-3c.] subsection c. of N.J.S.2C:58-3, that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun. If the application is not approved by the chief police officer or the superintendent within 60 days of filing, it shall be deemed to have been approved, unless the applicant agrees to an extension of time in writing.
d. Issuance by Superior Court; fee. If the application has been approved by the chief police officer or the superintendent, as the case may be, the applicant shall forthwith present it to the Superior Court of the county in which the applicant resides, or to the Superior Court in any county where he intends to carry a handgun, in the case of a nonresident or employee of an armored car company. The court shall issue the permit to the applicant if, but only if, it is satisfied that the applicant is a person of good character who is not subject to any of the disabilities set forth in [section 2C:58-3c.] subsection c. of N.J.S.2C:58-3, that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun. The court may at its discretion issue a limited-type permit which would restrict the applicant as to the types of handguns he may carry and where and for what purposes such handguns may be carried. At the time of issuance, the applicant shall pay to the county clerk of the county where the permit was issued a permit fee of [$20.00] $20.
e. Appeals from denial of applications. Any person aggrieved by the denial by the chief police officer or the superintendent of approval for a permit to carry a handgun may request a hearing in the Superior Court of the county in which he resides or in any county in which he intends to carry a handgun, in the case of a nonresident, by filing a written request for such a hearing within 30 days of the denial. Copies of the request shall be served upon the superintendent, the county prosecutor and the chief police officer of the municipality where the applicant resides, if he is a resident of this State. The hearing shall be held within 30 days of the filing of the request, and no formal pleading or filing fee shall be required. Appeals from the determination at such a hearing shall be in accordance with law and the rules governing the courts of this State.
If the superintendent or chief police officer approves an application and the Superior Court denies the application and refuses to issue a permit, the applicant may appeal such denial in accordance with law and the rules governing the courts of this State.
f. Revocation of permits. Any permit issued under this section shall be void at such time as the holder thereof becomes subject to any of the disabilities set forth in [section 2C:58-3c.] subsection c. of N.J.S.2C:58-3, and the holder of such a void permit shall immediately surrender the permit to the superintendent who shall give notice to the licensing authority.
Any permit may be revoked by the Superior Court, after hearing upon notice to the holder, if the court finds that the holder is no longer qualified for the issuance of such a permit. The county prosecutor of any county, the chief police officer of any municipality, the superintendent or any citizen may apply to the court at any time for the revocation of any permit issued pursuant to this section. In any case where a person has been convicted of a crime, the court, upon motion of the county prosecutor, shall determine whether the person possesses a permit to carry a handgun. Upon determining that the convicted person possesses such a permit, the court shall revoke the permit at sentencing, after notice and a hearing.
(cf: P.L.1981, c.135, s.1)
17. Section 5 of P.L.1987, c.116 (C.30:4-27.5) is amended to read as follows:
5. The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) regarding a screening service and its staff that effectuate the following purposes and procedures:
a. A screening service shall serve as the facility in the public mental health care treatment system wherein a person believed to be in need of involuntary commitment to outpatient treatment, a short-term care facility, psychiatric facility or special psychiatric hospital undergoes an assessment to determine what mental health services are appropriate for the person and where those services may be most appropriately provided in the least restrictive environment.
The screening service may provide emergency and consensual treatment to the person receiving the assessment and may transport the person or detain the person up to 24 hours for the purposes of providing the treatment and conducting the assessment.
b. When a person is assessed by a mental health screener and involuntary commitment to treatment seems necessary, the screener shall provide, on a screening document prescribed by the division, information regarding the person's history and available alternative facilities and services that are deemed inappropriate for the person. When appropriate and available, and as permitted by law, the screener shall make reasonable efforts to gather information from the person's family or significant others for the purposes of preparing the screening document. The screener shall also ascertain whether the person is an owner of a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1, and the location of that firearm or weapon, and whether the person possesses a firearms purchaser identification card, a valid permit to purchase a handgun, or a driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase a rifle, shotgun, or handgun and the location of any such card, permit, or license. Any such information acquired by the screener shall be included in the screening document. If a psychiatrist, in consideration of this document and in conjunction with the psychiatrist's own complete assessment, concludes that the person is in need of commitment to treatment, the psychiatrist shall complete the screening certificate. The screening certificate shall be completed by a psychiatrist except in those circumstances where the division's contract with the screening service provides that another physician may complete the certificate. If a psychiatrist or physician reasonably believes the person is an owner of a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or possesses a firearms purchaser identification card, valid permit to purchase a handgun, or a driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase a rifle, shotgun, or handgun, that information, including the reported location of any weapon, card, permit, or license shall be included on the screening certificate.
Upon completion of the screening certificate, screening service staff shall determine, in consultation with the psychiatrist or another physician, as appropriate, the least restrictive environment for the appropriate treatment to which the person shall be assigned or admitted, taking into account the person's prior history of hospitalization and treatment and the person's current mental health condition. Screening service staff shall designate:
(1) inpatient treatment for the person if he is immediately or imminently dangerous or if outpatient treatment is deemed inadequate to render the person unlikely to be dangerous to self, others or property within the reasonably foreseeable future; and
(2) outpatient treatment for the person when outpatient treatment is deemed sufficient to render the person unlikely to be dangerous to self, others or property within the reasonably foreseeable future.
If the screening service staff determines that the person is in need of involuntary commitment to outpatient treatment, the screening service staff shall consult with an outpatient treatment provider to arrange, if possible, for an appropriate interim plan of outpatient treatment in accordance with section 9 of P.L.2009, c.112 (C.30:4-27.8a).
If a person has been admitted three times or has been an inpatient for 60 days at a short-term care facility during the preceding 12 months, consideration shall be given to not placing the person in a short-term care facility.
The person shall be admitted to the appropriate facility or assigned to the appropriate outpatient treatment provider, as appropriate for treatment, as soon as possible. Screening service staff are authorized to coordinate initiation of outpatient treatment or transport the person or arrange for transportation of the person to the appropriate facility.
c. If the mental health screener determines that the person is not in need of assignment or commitment to an outpatient treatment provider, or admission or commitment to a short-term care facility, psychiatric facility or special psychiatric hospital, the screener shall refer the person to an appropriate community mental health or social services agency or appropriate professional or inpatient care in a psychiatric unit of a general hospital.
d. A mental health screener shall make a screening outreach visit if the screener determines, based on clinically relevant information provided by an individual with personal knowledge of the person subject to screening, that the person may need involuntary commitment to treatment and the person is unwilling or unable to come to the screening service for an assessment.
e. If the mental health screener pursuant to this assessment determines that there is reasonable cause to believe that a person is in need of involuntary commitment to treatment, the screener shall so certify the need on a form prepared by the division.
(cf: P.L.2009, c.112, s.5)
18. Section 7 of P.L.1987, c.116 (C.30:4-27.7) is amended to read as follows:
7. a. A law enforcement officer, screening service, outpatient treatment provider or short-term care facility designated staff person or their respective employers, acting in good faith pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.) and P.L.2009, c.112 who takes reasonable steps to assess, take custody of, detain or transport an individual for the purposes of mental health assessment or treatment is immune from civil and criminal liability.
b. An emergency services or medical transport person or their respective employers, acting in good faith pursuant to this act and pursuant to the direction of a person designated in subsection a. of this section, who takes reasonable steps to take custody of, detain or transport an individual for the purpose of mental health assessment or treatment is immune from civil and criminal liability.
For the purposes of this subsection, "emergency services or medical transport person" means a member of a first aid, ambulance, rescue squad or fire department, whether paid or volunteer, auxiliary police officer or paramedic.
c. A mental health screener completing a screening document or a psychiatrist or physician completing a screening certificate or clinical certificate pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.), shall, with regard to whether a person is an owner of a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or possesses a firearms purchaser identification card, valid permit to purchase a handgun, or driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase a rifle, shotgun or handgun, or the location of such weapon, card, permit, or license, not be held liable in any civil action brought by any person for failing to learn of a weapon or any firearms purchasers identification card, valid permit to purchase a handgun, or driver's license or identification card embedded with information affirming the holder is qualified and eligible to purchase a rifle, shotgun, or handgun, or of the location of any such firearm weapon, card, permit, or license.
(cf: P.L.2009, c.112, s.7)
19. Section 10 of P.L.1987, c.116 (C.30:4-27.10) is amended to read as follows:
10. a. (1) A short-term care or psychiatric facility or a special psychiatric hospital shall initiate court proceedings for involuntary commitment to inpatient or outpatient treatment by submitting to the court a clinical certificate completed by a psychiatrist on the patient's treatment team and the screening certificate which authorized admission of the patient to the facility; provided, however, that both certificates shall not be signed by the same psychiatrist unless the psychiatrist has made a reasonable but unsuccessful attempt to have another psychiatrist conduct the evaluation and execute the certificate.
(2) A screening service or outpatient treatment provider shall initiate court proceedings for commitment to outpatient treatment by submitting to the court a clinical certificate completed by a psychiatrist on the patient's treatment team and the screening certificate which authorized assignment of the patient to outpatient treatment with the outpatient treatment provider; provided, however, that both certificates shall not be signed by the same psychiatrist unless the psychiatrist has made a reasonable but unsuccessful attempt to have another psychiatrist conduct the evaluation and execute the certificate.
b. Court proceedings for the involuntary commitment to treatment of any person not referred by a screening service may be initiated by the submission to the court of two clinical certificates, at least one of which is prepared by a psychiatrist. A psychiatrist or physician shall ascertain whether the person is an owner of a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or possesses a firearms purchaser identification card, a valid permit to purchase a handgun, or a driver's license embedded with information affirming the holder is qualified and eligible to purchase a rifle, shotgun, or handgun, and the location of any such firearm, weapon, card, permit, or license and shall include that information on the clinical certificate.
The person shall not be involuntarily committed before the court issues a temporary court order.
c. A court proceeding for involuntary commitment to treatment of an inmate who is scheduled for release upon expiration of a maximum term of incarceration shall be initiated by the Attorney General or county prosecutor by submission to the court of two clinical certificates, at least one of which is prepared by a psychiatrist.
d. The Attorney General, in exercise of the State's authority as parens patriae, may initiate a court proceeding for the involuntary commitment to treatment of any person in accordance with the procedures set forth in subsection a. or b. of this section. When the Attorney General determines that the public safety requires initiation of a proceeding pursuant to subsection b. of this section, the Attorney General may apply to the court for an order compelling the psychiatric evaluation of the person. The court shall grant the Attorney General's application if the court finds that there is reasonable cause to believe that the person may be in need of involuntary commitment to treatment. The Attorney General may delegate the authority granted pursuant to this subsection, on a case by case basis, to the county prosecutor.
e. Any person who is a relative by blood or marriage of the person being screened who executes a clinical certificate, or any person who signs a clinical certificate for any purpose or motive other than for purposes of care, treatment and confinement of a person in need of involuntary commitment to treatment, shall be guilty of a crime of the fourth degree.
f. Upon receiving these documents the court shall immediately review them in order to determine whether there is probable cause to believe that the person is in need of involuntary commitment to treatment.
g. (1) If the court finds that there is probable cause to believe that the person, other than a person whose commitment is sought pursuant to subsection c. of this section, is in need of involuntary commitment to treatment, it shall issue a temporary order authorizing the assignment of the person to an outpatient treatment provider or the admission to or retention of the person in the custody of the facility, that is both appropriate to the person's condition and is the least restrictive environment, pending a final hearing.
(2) If the court finds that there is probable cause to believe that a person is in need of involuntary commitment to treatment, the court shall order a law enforcement officer to search for and seize any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any firearms purchaser identification card, valid permit to purchase a handgun, or driver's license embedded with information affirming that the holder is qualified and eligible to purchase a rifle, shotgun, or handgun at any location where the court has reasonable cause to believe any such firearm, weapon, card, permit, or license may be located.
h. If the court finds that there is probable cause to believe that a person whose commitment is sought pursuant to subsection c. of this section is in need of involuntary commitment to treatment, it shall issue an order setting a date for a final hearing and authorizing the Commissioner of the Department of Corrections to arrange for temporary commitment pursuant to section 2 of P.L.1986, c.71 (C.30:4-82.2) to the Ann Klein Forensic Center in Trenton or other facility designated for the criminally insane pending the final hearing and prior to the expiration of the person's term. The order shall specifically provide for transfer of custody to the Ann Klein Forensic Center in Trenton or other facility designated for the criminally insane if the person's maximum term will expire prior to the final hearing.
i. In the case of a person committed to treatment at a short-term care facility or special psychiatric hospital, after the facility's treatment team conducts a mental and physical examination, administers appropriate treatment and prepares a discharge assessment, the facility may transfer the patient to a psychiatric facility prior to the final hearing; provided that: (1) the patient, his family and his attorney are given 24 hours' advance notice of the pending transfer; and (2) the transfer is accomplished in a manner which will give the receiving facility adequate time to examine the patient, become familiar with his behavior and condition and prepare for the hearing. In no event shall the transfer be made less than five days prior to the date of the hearing unless an unexpected transfer is dictated by a change in the person's clinical condition.
(cf: P.L.2009, c.112, s.11)
20. Section 15 of P.L.1987, c.116 (C.30:4-27.15) is amended to read as follows:
15. a. If the court finds by clear and convincing evidence that the patient needs continued involuntary commitment to treatment, it shall:
(1) issue an order authorizing the involuntary commitment of the patient and the assignment or admission of the patient pursuant to section 17 of P.L.2009, c.112 (C.30:4-27.15a) [and shall];
(2) schedule a subsequent court hearing in the event the patient is not administratively discharged pursuant to section 17 of P.L.1987, c.116 (C.30:4-27.17) prior thereto; and
(3) order a law enforcement officer to search for and seize any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any firearms purchaser identification card, valid permit to purchase a handgun, or driver's license or identification card embedded with information affirming that the holder is qualified and eligible to purchase a rifle, shotgun, or handgun at any location where the court has reasonable cause to believe any such firearm, weapon, card, permit, or license may be located, unless such search and seizure has already occurred pursuant to section 10 of P.L.1987, c.116 (C.30:4-27.10).
b. If the court finds that the patient does not need continued involuntary commitment to treatment, the court shall so order. A patient who is serving a term of incarceration shall be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and any other patient shall be discharged by the facility within 48 hours of the court's verbal order or by the end of the next working day, whichever is longer, with a discharge plan prepared pursuant to section 18 of P.L.1987, c.116 (C.30:4-27.18).
c. (1) The court may discharge the patient subject to conditions, if the court finds that the person does not need involuntary or continued involuntary commitment to treatment and the court finds:
(a) that the patient's history indicates a high risk of rehospitalization because of the patient's failure to comply with discharge plans; or
(b) that there is substantial likelihood that by reason of mental illness the patient will be dangerous to himself, others or property if the patient does not receive other appropriate and available services that render involuntary commitment to treatment unnecessary.
(2) Conditions imposed pursuant to this section shall include those recommended by the facility and mental health agency and developed with the participation of the patient. Conditions imposed on the patient shall be specific and their duration shall not exceed 90 days unless the court determines, in a case in which the Attorney General or a county prosecutor participated, that the conditions should be imposed for a longer period. If the court imposes conditions for a period exceeding six months, the court shall provide for a review hearing on a date the court deems appropriate but in no event later than six months from the date of the order. The review hearing shall be conducted in the manner provided in this section, and the court may impose any order authorized pursuant to this section.
(3) The designated mental health agency staff person shall notify the court if the patient fails to meet the conditions of the discharge plan, and the court shall issue an order directing that the person be taken to a screening service for an assessment. The court shall determine, in conjunction with the findings of a screening service, if the patient needs to be rehospitalized and, if so, the patient shall be returned to the facility. The court shall hold a hearing within 20 days of the day the patient was returned to the facility to determine if the order of conditional discharge should be vacated.
d. Notwithstanding subsection a. of this section, or any provision of section 16, 17 or 18 of P.L.1987, c.116 (C.30:4-27.16, 30:4-27.17 or 30:4-27.18), no person committed while serving a term of incarceration shall be discharged by the court or administratively discharged prior to the date on which the person's maximum term would have expired had he not been committed. If the person is no longer in need of involuntary commitment to treatment, the person shall be returned to the appropriate State, county or local authority to complete service of the term of incarceration imposed until released in accordance with law, and the person shall be given day for day credit for all time during which the person was committed.
e. Notwithstanding subsection a. of this section, or any provision of section 16, 17 or 18 of P.L.1987, c.116 (C.30:4-27.16, 30:4-27.17 or 30:4-27.18), no person committed pursuant to N.J.S.2C:4-8 concerning acquittal of a criminal charge by reason of insanity or pursuant to N.J.S.2C:4-6 concerning lack of mental competence to stand trial shall be discharged by the court or administratively discharged unless the prosecuting attorney in the case receives prior notice and an opportunity to be heard.
(cf: P.L.2009, c.112, s.16)
21. (New section) a. The Superintendent of State Police shall promulgate guidelines to effectuate the purposes of this act. Those guidelines shall include, but not be limited to, policies and procedures governing the regular periodic review of the information stored in the firearms database to ensure that the information is current and accurate, policies and procedures governing the disabling of embedded driver's licenses and identification cards should their holders be determined to no longer be lawfully qualified and eligible to purchase or receive a rifle, shotgun or handgun, and such other matters as the superintendent deem to be appropriate and necessary to effectuate the purposes of this act.
b. The Commissioner of Human Services, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and after consultation with the Superintendent of State Police, may adopt rules and regulations necessary to effectuate the purposes of this act.
c. The Supreme Court of New Jersey may adopt court rules to effectuate the purposes of this act.
22. This act shall take effect the first day of the seventh month following enactment, but the Superintendent of State Police and the Commissioner of Human Services may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act, and paragraph (2) of subsection a. and paragraph (2) of subsection b. of N.J.S.2C:58-3 shall take effect on the first day of the 25th month after enactment.
STATEMENT
This bill revises various statutes concerning the regulation of firearms.
Under this bill, the current paper firearms purchaser identification card (FPIC) would no longer be issued to New Jersey residents. The information contained on the card would be embedded in the holder's driver's license. The transition from the current paper card to having this information embedded in a person's driver's license would take place over a four year period, making the transition coincide with the State's driver's license renewal cycle. The bill specifies that a person whose driver's license is suspended does not necessarily forfeit his right to purchase a firearm during the period of that suspension. Residents who do not have a driver's license would have their FPIC information embedded on the identification cards that are issued by the Motor Vehicle Commission under the "Identification Cards for Nondrivers' Act,"P.L.1980, c.47 (C.39:3-29.2). The provisions of the bill would not affect the way firearms purchaser identification cards are issued to nonresidents.
The bill requires that the firearms database and the motor vehicle database be distinct and separate entities; the firearms database by the Superintendent of State Police and the motor vehicles database by the chief administrator. The superintendent and the chief administrator also are required to adopt protocols for access to these databases by law enforcement. Non-law enforcement entities would not be permitted access to the firearms database.
The superintendent would be able to operationally disable the license or identification card for purposes of purchasing or receiving a firearm if the holder becomes subject to any of the statutory disabilities.
This bill does not alter the qualifications and requirements for the issuance of a FPIC or embedded driver's license or identification card. A person who applies for a FPIC or embedded driver's license is still required to submit to a criminal history background check to determine if the applicant is disqualified from owning a firearm under the law.
In addition, this bill clarifies that any person who purchases a handgun is also required obtain a FPIC or embedded driver's license or identification card, in addition to a permit to purchase a handgun (PPH). The PPH information also could be embedded on the person's driver's license or identification card. Current law requires handgun purchasers to have a valid PPH. Any paper FPICs or PPH issued under current law would remain valid until the holder's driver's license or identification card is subject to renewal; the information thereafter would be embedded on the license or card.
The bill requires the Attorney General to develop and implement the system that will allow retail firearms dealers to use the embedded driver's license or identification card to instantly determine whether that buyer is qualified to purchase a firearm. Between the first day of the 25th month and the first day of the 73rd month following the bill's effective date, the superintendent is to test and evaluate the system. The superintendent also is to select, and over time expand, the number of the retail licensees to participate in the test.
If the superintendent determines after 36 months of testing that the system is seriously flawed, the superintendent is to report to the Governor and the Legislature recommending that implementation be postponed until the Attorney General and the superintendent determine that the system is fully operational.
After the Attorney General has implemented this system, all retail firearms dealers would be required to use the system. In the case of a handgun purchase, the system would enable a retail dealer to determine whether the transaction violates the State's prohibition on purchasing more than one handgun in a 30 day period. The system also would permit a retail dealer to transmit to the superintendent a summary of every transaction to purchase a firearm consummated by that dealer, including the type of firearm, the quantity of firearms purchased, the date of purchase and any other appropriate information as determined by the superintendent and required under current law.
The bill further requires applicants for a FPIC, a PPH, or an embedded license or identification card to present evidence of the successful completion of a firearms safety class or course approved by the superintendent as a condition for being issued the card, license, or permit. This requirement only would be applicable to persons who apply for a card or permit or embedded license or identification card after the bill's effective date. Applicants who have received firearms training through any of the training programs specified in the bill may substitute that experience for the required class or course training. Acceptable evidence of successfully completing a firearms safety class or course is to include, but not be limited to, a copy of the applicant's DD214 or a Certificate of Release or Discharge from Active Duty; a certificate indicating satisfactory completion of an NRA firearms course; a New Jersey hunting license or New Jersey Hunter's Education Course card or certificate; a New Jersey permit to carry a handgun; a certificate that the applicant is a certified NRA Firearms Instructor; a copy of a firearms or hunting license or permit from any other jurisdiction that requires the holder to successfully complete a comparable firearms safety class or course; or any other such documentation, certificate, or certification that the superintendent deems appropriate. The superintendent would determine the form and presentation of acceptable evidence by the applicant. Any person, including an instructor or provider, who submits a false statement in connection with this requirement would be guilty of a crime of the third degree.
In developing the curriculum, the superintendent is to work in cooperation with a firearms safety panel. If the panel does not develop the curriculum within 60 days of the appointment of its members, the superintendent is required to develop the curriculum. The panel is to consist of four members, with two members appointed by the Senate President and two members by the Speaker of the General Assembly. One of the Senate President's appointees is to represent organizations, associations, or clubs that promote and sponsor hunting or shooting activities or competitions; the other is to represent organizations, associations or other entities that advocate gun violence prevention. Similarly, the Speaker's appointees are to represent these two interest groups. The curriculum is to include, but not be limited to, classes relating to responsible firearms ownership, safe storage, restricting access to firearms by unsupervised minors, and other matters relating to protecting the safety and well being of New Jersey's families and children.
The bill's provisions also require the court, upon motion of the prosecutor, to determine whether a person who has been convicted of a crime possesses a FPIC, a valid PPH, an embedded driver's license or identification card, or a permit to carry a handgun. If the court determines that the convicted person possesses such a card, license, or permit, the court is to revoke the card, license, or permit at sentencing, after notice and a hearing. Currently, failure to comply with any of the regulatory provisions relating to firearms is a crime of the fourth degree under subsection a. of N.J.S.2C:39-10.
The bill also:
· provides that it is a crime of the fourth degree for a person to purchase, own, or possess ammunition if the person has been previously convicted of certain crimes.
· requires all sales or other transfers of a handgun, rifle, or shotgun to be conducted through a retail dealer licensed under State law or a Federal Firearms Licensee. The licensee would be required to complete a National Instant Criminal Background Check (NICS) on the recipient of the handgun, rifle or shotgun. The recipient would pay a fee of $15, in addition to the fee for the NICS check. Exceptions include transactions between members of an immediate family, between law enforcement officers, between licensed collectors of firearms or ammunition as curios or relics, and temporary transfers to participate in certain training courses. The definition of "family member" under the bill includes a spouse, domestic partner, partner in a civil union couple, parent, stepparent, grandparent, uncle or aunt, sibling, stepsibling, child, stepchild, and grandchild. This requirement, however, will not be implemented until two years after the bill's effective date.
· increases the penalties for allowing a minor to gain access to a loaded firearm when such a violation results in bodily injury or death. The bill upgrades this offense from a disorderly persons offense to a crime of the fourth degree if a violation of the current law results in bodily injury or death.
· mandates that in any sale or transfer of ammunition where the seller and purchaser are not in each other's physical presence, the seller is to send or transfer the ammunition only to the address on the purchaser's FPIC, PPH, embedded driver's license, or embedded identification card. The bill also prohibits the sale of shotgun or rifle ammunition to any person who is not a licensed firearms manufacturer, wholesaler or dealer or who possesses an FPIC, PPH or New Jersey hunting license, or embedded driver's license or embedded identification card.
· provides a mechanism for a court to authorize law enforcement officers to search for and seize weapons from a person whom a court has found needs involuntary commitment to treatment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.). The procedures established in the bill are modeled on the "Prevention of Domestic Violence Act of 1991," P.L. 1991, c. 261 (C.2C:25-17 et seq.).
· requires the superintendent to promulgate guidelines which would include, but not be limited to, policies and procedures governing the regular periodic review of the information stored in the firearms database to ensure that the information is current and accurate, policies and procedures governing the disabling of embedded driver's licenses and identification cards should their holders be determined to no longer be lawfully qualified and eligible to purchase or receive a rifle, shotgun or handgun, and such other matters
the superintendent deems to be appropriate and necessary to effectuate the bill's purposes. The bill also requires the Commissioner of Human Services, after consultation with the superintendent, to adopt rules and regulations.
