Bill Text: NJ S2847 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits possession and requires registration of body armor in certain circumstances.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-06-29 - Received in the Assembly without Reference, 2nd Reading [S2847 Detail]
Download: New_Jersey-2022-S2847-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Prohibits possession and requires registration of body armor in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning body armor, amending P.L.1983, c.152, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. It shall be unlawful for a person to own or otherwise possess body armor unless the person has registered the body armor in accordance with subsection b. or e. of this section.
b. The Attorney General shall establish a registration process for body armor owned prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). A person who owned body armor prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall, within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), register each piece of body armor in compliance with the registration process established pursuant to this subsection.
c. The Attorney General shall establish good cause eligibility criteria for persons permitted to purchase or otherwise take possession of body armor on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). Eligible persons shall include law enforcement officers; persons engaged in active duty military service; persons whose duties of employment expose them to serious bodily injury that may be prevented or mitigated by the use of body armor, as determined by the Attorney General; bona fide dealers of body armor; and any other persons meeting the good cause eligibility criteria established by the Attorney General.
d. (1) The Attorney General shall establish a permit to purchase body armor and an application process for a person to obtain the permit. On or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), it shall be unlawful to purchase or otherwise take possession of body armor unless a person has first secured a permit to purchase body armor.
(2) A person shall submit an application for a permit to purchase body armor to the Attorney General on forms prescribed by the Attorney General. The application shall include, but need not be limited to, an applicant's: name; date of birth; street and mailing address; telephone number; email address; and proof that the applicant meets the eligibility criteria established pursuant to subsection c. of this section.
(3) A permit to purchase body armor shall remain in effect for 30 days following the date of issuance.
(4) A person shall not sell, give, transfer, assign or otherwise dispose of body armor to a person unless the person purchasing or otherwise taking possession of the body armor has first secured a permit to purchase body armor as provided in this subsection, and displays the permit to the seller.
e. (1) Following the sale or other transfer of body armor, a seller shall take possession of the purchaser's permit to purchase body armor and shall, on forms prescribed by the Attorney General, complete a registration form that includes the personal identifying information of the purchaser and a description of the body armor purchased. The seller shall submit the registration form and the permit to purchase body armor obtained from the purchaser to the Attorney General within three business days.
(2) A seller who violates the provisions of paragraph (1) of this subsection shall be subject to a civil penalty of up to $500 for a first offense and up to $1,000 for a second or subsequent offense. The civil penalty imposed may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.
f. The provisions of this section shall not apply to: (1) a State or local government entity which purchases or possesses body armor for the purpose of furnishing body armor to employees; and (2) possession of body armor by an employee of a State or local government entity during the employee's period of employment and which is used for employment-related purposes.
g. The provisions of subsections a., b., and d. of this section shall not apply to a seller who is a bona fide dealer of body armor who has registered with the Attorney General. A dealer in the business of selling body armor prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall register within 60 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
h. (1) Except as otherwise provided in subsection f. and g. of this section, it is a crime of the third degree to possess body armor unless it has been registered in accordance with subsection b. or e. of this section.
(2) Except as otherwise provided in subsection f. and g. of this section, it is a crime of the third degree to purchase or otherwise take possession of body armor unless the purchaser has been granted a body armor purchase permit pursuant to subsection d. of this subsection and completes the purchase or other transfer in accordance with the provisions of subsection e. of this section.
i. For the purposes of this section, "body armor" means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.
2. Section 1 of P.L.1983, c.152 (C.2C:39-13) is amended to read as follows:
1. Unlawful use of body [vests] armor. A person is guilty of a crime if [he] the person uses or wears [a] body [vest] armor while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, manslaughter, robbery, sexual assault, burglary, kidnaping, criminal escape or assault under N.J.S.2C:12-1b. Use or wearing [a] body [vest] armor while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit a crime of the first degree is a crime of the second degree. Otherwise it is a crime of the third degree.
As used in this section, "body [vest" means bullet-resistant body armor which is intended to provide ballistic and trauma protection] armor" means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.
(cf: P.L.1999, c.306, s.1)
3. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Attorney General may take any anticipatory action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill establishes prohibitions on the possession of body armor by certain persons and a registration requirement for body armor.
The bill provides that it is unlawful for a person to own or otherwise possess body armor unless the person has registered the body armor in accordance with the bill's provisions. The bill requires the Attorney General to establish a registration process for body armor owned prior to the effective date of the bill and provides that an owner has 90 days from the effective date to register each piece of body armor owned in compliance with the registration process.
For purchases of body armor occurring after the bill's effective date, a person would be required to meet eligibility criteria established by the Attorney General and obtain a permit to purchase body armor, and a seller of body armor would be required to register the sale of the body armor with the Attorney General.
Under the bill, the eligibility criteria would include: (1) law enforcement officers; (2) persons engaged in active duty military service; (3) persons whose duties of employment expose them to serious bodily injury that may be prevented or mitigated by the use of body armor, as determined by the Attorney General; (4) bona fide dealers of body armor; and (5) any other persons meeting good cause eligibility criteria established by the Attorney General.
The bill requires the Attorney General to establish a permit to purchase body armor and an application process for a person to obtain the permit. The application is required to include, but need not be limited to an applicant's: name; date of birth; street and mailing address; telephone number; email address; and proof that the applicant meets the eligibility criteria set forth in the bill. The bill provides that the permit would remain in effect for 30 days following issuance.
Under the bill, a person is prohibited from selling, giving, transferring, assigning, or otherwise disposing of body armor to a person unless the person purchasing or otherwise taking possession of the body armor has first secured a permit to purchase body armor and displays the same to the seller.
Following the sale or other transfer of body armor, a seller is required to take possession of the purchaser's permit to purchase body armor and complete a registration form that includes the personal identifying information of the purchaser and a description of the body armor purchased. The bill requires the seller to submit the registration form and the permit to purchase body armor obtained from the purchaser to the Attorney General within three business days. A seller who violates these provisions would be subject to a civil penalty of up to $500 for a first offense and up to $1,000 for a second or subsequent offense.
The provisions of the bill would not apply to: (1) a State or local government entity which purchases or possesses body armor for the purpose of furnishing body armor to employees; or (2) possession of body armor by employees of a State or local government entity during the employee's period of employment and used for employment-related purposes.
The registration and permit to purchase body armor provisions of the bill would not apply to a bona fide dealer of body armor who has registered with the Attorney General. A dealer in business prior to the bill's effective date has 60 days following the effective date to register with the Attorney General.
Possessing or purchasing body armor in violation of the bill's provisions are both crimes of the third degree. A third degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
The bill defines "body armor" as any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.
The bill additionally amends current law concerning unlawful use of body vests. Under current law, it is a crime of the second or third degree, depending on circumstances, to use a body vest during the commission of certain crimes. The bill redefines the term "body vest" as "body armor" expands the current law to include all body armor.
