Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Requires firearm retailers to provide disclosure of customer's responsibility to report stolen or lost firearms; advises customers it is unlawful to purchase firearms with intent to sell to disqualified persons.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of firearms 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. a. Upon the retail sale or transfer of any firearm, a wholesale dealer or wholesale dealer's employee and retail dealer or retail dealer's employee shall deliver a written disclosure, that the purchaser or transferee is required to sign and receive a copy of, with the following information printed in block letters not less than one-fourth of an inch in height:
"IN ACCORDANCE WITH THE LAW, IF YOUR FIREARM IS LOST OR STOLEN, YOU ARE REQUIRED TO REPORT THIS WITHIN 36 HOURS TO THE CHIEF LAW ENFORCEMENT OFFICER OF THE MUNICIPALITY WHERE THE LOSS OR THEFT OCCURRED OR IF YOUR MUNICIPALITY DOES NOT HAVE A LOCAL POLICE FORCE, YOU MUST REPORT THE LOST OR STOLEN FIREARM TO THE SUPERINTENDENT OF STATE POLICE.
PLEASE BE AWARE THAT IT IS ILLEGAL TO PURCHASE A FIREARM WITH THE INTENT TO SELL IT TO SOMEONE WHO DOES NOT HAVE THE NECESSARY FIREARM LICENSE OR PERMIT."
A firearm wholesale or retail dealer shall collect and maintain a copy of each disclosure signed by a purchaser or transferee as provided in this subsection for a period of not less than 15 years. Any firearm wholesale or retail dealer who violates the provisions of this act shall be subject to the penalties pursuant to subsection c. of this section.
b. Every firearm wholesale and retail dealer shall conspicuously post at each purchase counter the following disclosure, printed in block letters not less than one inch in height:
"IN ACCORDANCE WITH THE LAW, IF YOUR FIREARM IS LOST OR STOLEN, YOU ARE REQUIRED TO REPORT THIS WITHIN 36 HOURS TO THE CHIEF LAW ENFORCEMENT OFFICER OF THE MUNICIPALITY WHERE THE LOSS OR THEFT OCCURRED OR IF YOUR MUNICIPALITY DOES NOT HAVE A LOCAL POLICE FORCE, YOU MUST REPORT THE LOST OR STOLEN FIREARM TO THE SUPERINTENDENT OF STATE POLICE.
PLEASE BE AWARE THAT IT IS ILLEGAL TO PURCHASE A FIREARM WITH THE INTENT TO SELL IT TO SOMEONE WHO DOES NOT HAVE THE NECESSARY FIREARM LICENSE OR PERMIT."
c. Any firearm wholesale or retail dealer that violates the provisions of this section shall be subject to a civil penalty of up to $500 for a first offense and up to $1,000 for any subsequent offense. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the laws of this State, or a law enforcement officer having enforcement authority in that municipality, shall issue a summons for a violation of the provisions of this section, and shall serve and execute all processes with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered in the name of the State by the municipality. All penalties collected pursuant to this subsection shall be forwarded to the Office of Attorney General to be used for gun violence prevention efforts.
e. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Superintendent of State Police may promulgate rules and regulations to effectuate the provisions of this section.
2. This act shall take effect on the first day of the third month next following enactment.
STATEMENT
This bill requires firearm wholesale or retail dealers to provide disclosure of a customer's responsibility to report stolen or lost firearms and advise customers that it is unlawful to purchase a firearm with the intent to sell the firearm to a disqualified person.
Under the provisions of this bill, all firearm wholesale and retail dealers are required to provide customers with a disclosure, upon the retail sale or transfer of any firearm, printed in block letters not less than one-fourth of an inch in height. This bill requires that the disclosure be signed by the purchaser or transferee. In addition, the firearm wholesale or retail dealer is required to provide the purchaser or transferee with a copy of this written disclosure. Under the provisions of this bill, a firearm wholesale and retail dealer is required to collect and maintain a copy of each disclosure that is signed by a purchaser or transferee for a period of not less than 15 years. Furthermore, firearm wholesale and retail dealers are required to conspicuously post the same disclosure at each purchase counter.
Specifically, the disclosure advises customers of their responsibility to report a lost or stolen firearm within 36 hours to the chief law enforcement officer of the municipality where the loss or theft occurred or to the Superintendent of State Police if the customer's municipality does not have a local police force. In addition, the disclosure advises customers that it is illegal to purchase a firearm with the intent to sell that firearm to someone who does not have the necessary firearm license or permit.
Any firearm wholesale or retail dealer who violates the provisions of this bill will be subject to a civil penalty of up to $500 for a first offense and up to $1,000 for any subsequent offense. The civil penalty will be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. Officials authorized by law or ordinance, or law enforcement officers, can issue summonses for violations. All penalties collected will be forwarded to the Office of Attorney General to be used for gun violence prevention efforts.