Bill Text: NJ A1714 | 2016-2017 | Regular Session | Introduced
Bill Title: Prioritizes applications for firearms purchaser identification cards, permits to purchase a handgun, and permits to carry a handgun under certain circumstances.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Law and Public Safety Committee [A1714 Detail]
Download: New_Jersey-2016-A1714-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Prioritizes applications for firearms purchaser identification cards, permits to purchase a handgun, and permits to carry a handgun under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning certain firearms permits and amending N.J.S.2C:58-3 and N.J.S.2C:58-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:58-3 is amended to read as follows:
2C:58-3. a. 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 permit to purchase a handgun as provided by this section.
b. Firearms purchaser identification card. 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, and first exhibits said card 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. 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.
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 permit or firearms purchaser identification card shall be issued:
(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);
(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; or
(9) To any person named on the consolidated Terrorist Watchlist maintained by Terrorist Screening Center administered by the Federal Bureau of Investigation.
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 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.
(1) The application for the permit to purchase a handgun together with a fee of $2, or the application for the firearms purchaser identification card together with a fee of $5, shall be delivered or forwarded to the licensing authority who shall investigate the [same] application and, unless there is good cause for the denial [thereof appears] of the application, shall grant the permit or the identification card, or both, if application has been made [therefor] for the same, within 30 days from the date of receipt of the application for residents of this State and within 45 days for nonresident applicants.
(2) An application for a permit to purchase a handgun or a firearms purchaser identification card shall be prioritized, expeditiously investigated, and granted or denied without undue delay when the applicant identifies specific threats or previous attacks which demonstrate a special danger to the applicant's life that cannot be avoided by means other than by issuing a permit or identification card. Circumstances when a permit or identification card shall be prioritized, expeditiously investigated, and granted or denied without undue delay under this paragraph include, but are not limited to whenever the applicant:
(a) has been the victim of an act of violence resulting in serious or significant bodily injury or was credibly threatened with an act of violence that, if executed, would result in serious or significant bodily injury;
(b) experienced an incident in which the actor was armed with and used a deadly weapon or threatened by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1 against the applicant and there is a substantial likelihood, based on the information presented in the applicant's written certification of need and any other information revealed in the investigation of the application, that the applicant will in the foreseeable future experience another incident; or
(c) is protected by a court order or under a condition imposed by the court restraining another person from contact with the applicant, and there is a substantial likelihood, based on the information presented in the applicant's written certification of need and any other information revealed in the investigation of the application, that the applicant will in the foreseeable future experience an:
(i) act of violence that if carried out would result serious or significant bodily injury; or
(ii) incident in which the actor is armed with and would use a deadly weapon or threaten by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1 against the applicant.
(3) 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 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. 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 may be revoked 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. 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.
(4) 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 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 permit and no more than one handgun shall be purchased within any 30-day period, 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 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 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.
(cf: P.L.2013, c.114, s.1)
2. N.J.S.2C:58-4 is amended to read as follows:
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 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 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 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.
(1) 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.
(2) 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] The chief police officer or superintendent also shall determine and record a complete description of each handgun the applicant intends to carry.
[No] (3) An application shall not be approved by the chief police officer or the superintendent unless the applicant demonstrates that [he] the applicant 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] the applicant is thoroughly familiar with the safe handling and use of handguns, and that [he] the applicant has a justifiable need to carry a handgun.
(4) An application shall be prioritized, expeditiously investigated, and approved or denied without undue delay if the applicant is a private citizen who applies for a permit to purchase a handgun, a firearm purchaser identification card, or both, contemporaneously with the application, or who has previously obtained a permit to purchase a handgun from the same licensing authority and the applicant:
(a) has been the victim of an act of violence that resulted in serious or significant bodily injury, or was credibly threatened with an act of violence that if carried out would result in serious or significant bodily injury, or experienced an incident in which the actor was armed with and used a deadly weapon or threatened by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1 against the applicant, and there is a substantial likelihood, based on the information presented in the applicant's written certification of need and any other information revealed in the investigation of the application, that the applicant will in the foreseeable future experience another incident; or
(b) is protected by a court order or under a condition imposed by the court restraining another person from contact with the applicant, and there is a substantial likelihood, based on the information presented in the applicant's written certification of need and any other information revealed in the investigation of the application, that the applicant will in the foreseeable future experience an:
(i) act of violence that if carried out would result in serious or significant bodily injury; or
(ii) incident in which the actor is armed with and would use a deadly weapon or threaten by word or gesture to use a deadly weapon as defined in subsection c. of N.J.S.2C:11-1 against the applicant.
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.
g. An applicant who meets the criteria set forth in paragraph (4) of subsection c. of this section shall be deemed to have demonstrated justifiable need as required in paragraph (3) of subsection c. and subsection d. of this section.
(cf: P.L.1981, c.135, s.1)
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill requires applications for permits to purchase handguns, firearms purchaser identification cards, and permits to carry handguns to be prioritized, expeditiously investigated, and granted or denied without undue delay under certain circumstances. The bill would codify changes to regulations currently being considered by the Attorney General. According to the sponsor, this bill will help victims of domestic violence and other violent crimes protect themselves from their attackers by ensuring that their applications for firearms permits will be granted expediently and without undue delay.
PERMITS TO PURCHASE HANDGUNS AND FIREARMS PURCHASER IDENTIFICATION CARDS
An application for a permit to purchase a handgun or a firearms purchaser identification card is to be prioritized, expeditiously investigated, and granted or denied without undue delay if the applicant identifies specific threats or previous attacks demonstrating a special danger to his or her life that cannot be avoided unless the permit or identification card is issued.
For example, the bill requires an application to be prioritized when the applicant has been the victim of an act of violence that resulted in serious or significant bodily injury, or when the applicant was credibly threatened with an act of violence that could result in such injury. The application also would be prioritized if a person was armed with and used a deadly weapon, or threatened by word or gesture to use a deadly weapon, against the applicant. The bill requires the applicant to establish a substantial likelihood that he or she will experience another incident in the foreseeable future. Under the bill, a "substantial likelihood" is to be based on the information presented in the applicant's written certification of need and any other information revealed in the investigation of the application.
The bill also requires an application to be prioritized when the applicant is protected by a court order or the court has restrained another person from contacting the applicant and the applicant establishes a substantial likelihood that he or she will experience an act of violence that would result in serious or significant bodily injury or the person was armed with and used a deadly weapon, or threatened by word or gesture to use a deadly weapon, against the applicant.
PERMITS TO CARRY HANDGUNS
Applications for a permit to carry a handgun also are required to be prioritized, expeditiously investigated, and approved or denied without undue delay if the applicant is a private citizen who applies for a permit to purchase a handgun, a firearm purchaser identification card, or both, contemporaneously with the application or if the applicant has previously obtained a handgun purchase permit from the same licensing authority under certain circumstances. The application would be prioritized for these applicants if they have been the victim of an act of violence that resulted in serious or significant bodily injury or were credibly threatened with an act of violence that if carried out would result in serious or significant bodily injury. The application also would be prioritized for applicants who experience an incident in which the actor was armed with and used a deadly weapon or threatened by word or gesture to use a deadly weapon against the applicant, and there is a substantial likelihood that the applicant will in the foreseeable future experience another such incident.
The application for a permit to carry also would be prioritized if the applicant is protected by a court order or another person is restrained from contacting the applicant by the court, and there is a substantial likelihood that the applicant will in the foreseeable future experience an act of violence that if carried out would result in serious or significant bodily injury or the applicant will experience an incident in which the actor is armed with and would use a deadly weapon or threaten by word or gesture to use a deadly weapon against the applicant.
Finally, the bill specifies that an applicant for a permit to carry a handgun who meets the preceding criteria is to be deemed by the chief police officer or superintendent and the court to have demonstrated the requisite justifiable need to carry a handgun.
