Bill Text: NJ A2133 | 2018-2019 | Regular Session | Introduced
Bill Title: Regulates purchase and sale of stun guns.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Law and Public Safety Committee [A2133 Detail]
Download: New_Jersey-2018-A2133-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
SYNOPSIS
Regulates purchase and sale of stun guns.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning stun guns and supplementing and amending various sections of 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. A person shall not sell, give, transfer, assign, or otherwise dispose of a stun gun or receive, purchase, or otherwise acquire a stun gun 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 stun gun established pursuant to this section.
b. A person of good character and good repute in the community in which the person lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall not be denied a permit to purchase a stun gun, except as provided in this section.
A stun gun purchase permit shall not 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 the offense;
(2) to any drug dependent person as defined in N.J.S.2C:35-2, to any person who has been involuntarily committed for mental health treatment, including those assigned to an outpatient treatment provider or admitted to a short-term care facility, psychiatric facility or special psychiatric hospital, or to any person who is presently a habitual drunkard;
(3) to any person who suffers from a physical defect or disease which would make it unsafe for the person to handle a stun gun, to any person who has ever been involuntarily committed 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, demonstrating that the person no longer suffers from that particular disability in a manner that would interfere with the person's ability to handle a stun gun;
(4) to any person who knowingly falsifies any information on the application form for a handgun purchase permit, firearms purchaser identification card, or permit to purchase a stun gun;
(5) to any person under 21 years of age;
(6) 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.);
(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 the Terrorist Screening Center administered by the Federal Bureau of Investigation.
c. 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 a permit to purchase a stun gun to any person qualified under the provisions of subsection b. of this section.
d. Any person aggrieved by the denial of a permit to purchase a stun gun may request a hearing in the Superior Court of the county in which the person resides if the person is a resident of New Jersey or in the Superior Court of the county in which his application was filed if the person 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 to purchase a stun gun.
The person shall serve a copy of the request for a hearing upon the chief of police of the municipality in which the person resides, if the person 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 a hearing by the judge of the Superior Court. A formal pleading and filing fee shall not be required as a preliminary to a hearing. Appeals from the results of a hearing shall be in accordance with law.
e. Applications for permits to purchase a stun gun 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:
(1) is a United States citizen;
(2) is an alcoholic, habitual drunkard, drug dependent person as defined in N.J.S.2C:35-2;
(3) has ever been involuntarily committed for mental health 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 confinement or commitment;
(4) 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 the occurrence;
(5) currently 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;
(6) 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.); and
(7) any other information as the superintendent shall deem necessary for the proper enforcement of this chapter.
f. For the purpose of complying with subsection e. of this section, the applicant shall waive any statutory or other right of confidentiality relating to mental health treatment.
g. 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, licensed retail dealers, and from any other officer authorized to grant a permit to purchase a handgun or firearms purchaser identification card.
h. 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.
i. The application for the permit to purchase a stun gun and 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 to purchase a stun gun 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 stun gun 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.
j. All fees for a permit to purchase a stun gun 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.
k. The permit to purchase a stun gun shall be in the form prescribed by the superintendent and shall be issued to the applicant in quadruplicate. Prior to the time the applicant receives the stun gun 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, the copy shall be forwarded to the superintendent. The third copy shall then be returned to the purchaser with the stun gun and the fourth copy shall be kept by the seller as a permanent record.
l. Only one stun gun shall be purchased or delivered on each permit and no more than one stun gun shall be purchased within any 30-day period. The limitation established pursuant to this subsection shall not apply to:
(1) a federal, State, or local law enforcement officer or agency purchasing stun guns for use by officers in the actual performance of their law enforcement duties;
(2) transfers of stun guns among licensed retail dealers, registered wholesale dealers, and registered manufacturers;
(4) transfers of stun guns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer; and
(5) any transaction where the person has purchased a stun gun from a licensed retail dealer and has returned that stun gun to the dealer in exchange for another stun gun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent.
2. N.J.S.2C:39-3 is amended to read as follows:
2C:39-3. Prohibited Weapons and Devices.
a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.
b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.
c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.
d. Defaced firearms. Any person who knowingly has in his possession any firearm which has been defaced, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.
e. Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.
f. Dum-dum or body armor penetrating bullets. (1) Any person, other than a law enforcement officer or persons engaged in activities pursuant to subsection f. of N.J.S.2C:39-6, who knowingly has in his possession any hollow nose or dum-dum bullet, or (2) any person, other than a collector of firearms or ammunition as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) and has in his possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco [and] , Firearms and Explosives, who knowingly has in his possession any body armor breaching or penetrating ammunition, which means: (a) ammunition primarily designed for use in a handgun, and (b) which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and (c) is therefore capable of breaching or penetrating body armor, is guilty of a crime of the fourth degree. For purposes of this section, a collector may possess not more than three examples of each distinctive variation of the ammunition described above. A distinctive variation includes a different head stamp, composition, design, or color.
g. Exceptions. (1) Nothing in subsection a., b., c., d., e., f., j. or k. of this section shall apply to any member of the Armed Forces of the United States or the National Guard, or except as otherwise provided, to any law enforcement officer while actually on duty or traveling to or from an authorized place of duty, provided that his possession of the prohibited weapon or device has been duly authorized under the applicable laws, regulations or military or law enforcement orders. Nothing in subsection h. of this section shall apply to any law enforcement officer who is exempted from the provisions of that subsection by the Attorney General. Nothing in this section shall apply to the possession of any weapon or device by a law enforcement officer who has confiscated, seized or otherwise taken possession of said weapon or device as evidence of the commission of a crime or because he believed it to be possessed illegally by the person from whom it was taken, provided that said law enforcement officer promptly notifies his superiors of his possession of such prohibited weapon or device.
(2) a. Nothing in paragraph (1) of subsection f. [(1)] shall be construed to prevent a person from keeping such ammunition at his dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land, nor shall paragraph (1) of subsection f. [(1)] be construed to prevent any licensed retail or wholesale firearms dealer from possessing such ammunition at its licensed premises, provided that the seller of any such ammunition shall maintain a record of the name, age and place of residence of any purchaser who is not a licensed dealer, together with the date of sale and quantity of ammunition sold.
b. Nothing in paragraph (1) of subsection f. [(1)] shall be construed to prevent a designated employee or designated licensed agent for a nuclear power plant under the license of the Nuclear Regulatory Commission from possessing hollow nose ammunition while in the actual performance of his official duties, if the federal licensee certifies that the designated employee or designated licensed agent is assigned to perform site protection, guard, armed response or armed escort duties and is appropriately trained and qualified, as prescribed by federal regulation, to perform those duties.
(3) Nothing in paragraph (2) of subsection f. or in subsection j. shall be construed to prevent any licensed retail or wholesale firearms dealer from possessing that ammunition or large capacity ammunition magazine at its licensed premises for sale or disposition to another licensed dealer, the Armed Forces of the United States or the National Guard, or to a law enforcement agency, provided that the seller maintains a record of any sale or disposition to a law enforcement agency. The record shall include the name of the purchasing agency, together with written authorization of the chief of police or highest ranking official of the agency, the name and rank of the purchasing law enforcement officer, if applicable, and the date, time and amount of ammunition sold or otherwise disposed. A copy of this record shall be forwarded by the seller to the Superintendent of the Division of State Police within 48 hours of the sale or disposition.
(4) Nothing in subsection a. of this section shall be construed to apply to antique cannons as exempted in subsection d. of N.J.S.2C:39-6.
(5) Nothing in subsection c. of this section shall be construed to apply to any person who is specifically identified in a special deer management permit issued by the Division of Fish and Wildlife to utilize a firearm silencer as part of an alternative deer control method implemented in accordance with a special deer management permit issued pursuant to section 4 of P.L.2000, c.46 (C.23:4-42.6), while the person is in the actual performance of the permitted alternative deer control method and while going to and from the place where the permitted alternative deer control method is being utilized. This exception shall not, however, otherwise apply to any person to authorize the purchase or possession of a firearm silencer.
h. [Stun guns. Any person who knowingly has in his possession any stun gun is guilty of a crime of the fourth degree] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).
i. Nothing in subsection e. of this section shall be construed to prevent any guard in the employ of a private security company, who is licensed to carry a firearm, from the possession of a nightstick when in the actual performance of his official duties, provided that he has satisfactorily completed a training course approved by the Police Training Commission in the use of a nightstick.
j. Any person who knowingly has in his possession a large capacity ammunition magazine is guilty of a crime of the fourth degree unless the person has registered an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) and the magazine is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army.
k. Handcuffs. Any person who knowingly has in his possession handcuffs as defined in P.L.1991, c.437 (C.2C:39-9.2), under circumstances not manifestly appropriate for such lawful uses as handcuffs may have, is guilty of a disorderly persons offense. A law enforcement officer shall confiscate handcuffs possessed in violation of the law.
(cf: P.L.2003, c.168, s.1)
3. 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 or stun gun unless licensed to do so as hereinafter provided. The superintendent shall prescribe standards and qualifications for retail dealers of firearms or stun guns 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 stun guns 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 or stun guns 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 or stun guns. 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, permit to purchase a stun gun, 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 or stun gun 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 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 valid permit to purchase a firearm 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).
(8) A stun gun shall not be delivered to any person unless that person presents a permit to purchase a stun gun issued pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and at least seven days have elapsed since the date of application for the permit. The dealer shall keep a true record of every stun gun sold, given, or otherwise delivered or disposed of in accordance with the provisions of subsections b. through e. of this section.
A dealer shall not knowingly deliver more than one stun gun 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 stun guns for use by officers in the actual performance of their law enforcement duties;
(b) transfers of stun guns among licensed retail dealers, registered wholesale dealers, and registered manufacturers; or
(c) any transaction where the person has purchased a stun gun from a licensed retail dealer and has returned that stun gun to the dealer in exchange for another stun gun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent.
b. Records. Every person engaged in the retail business of selling, leasing, or otherwise transferring a handgun or stun gun, 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] each 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 or stun guns.
d. Signatures in register. The purchaser, lessee, or transferee of any handgun or stun gun 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)
4. 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 or stun gun at a premises under the person's control commits a disorderly persons offense if a minor gains access to the firearm or stun gun, unless the person:
(1) [Stores] stores the firearm or stun gun in a securely locked box or container;
(2) [Stores] stores the firearm or stun gun in a location which a reasonable person would believe to be secure; or
(3) [Secures] in control of a firearm, 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.
(cf: P.L.1991, c.397, s.1)
5. Section 2 of P.L.1991, c.397 (C.2C:58-16) is amended to read as follows:
2. a. Upon the retail sale or transfer of any firearm or stun gun, the retail dealer or his employee shall deliver to the purchaser or transferee the following written warning, printed in block letters not less than one-fourth of an inch in height: "IT IS A CRIMINAL OFFENSE, PUNISHABLE BY A FINE AND IMPRISONMENT, FOR AN ADULT TO LEAVE A LOADED FIREARM OR STUN GUN WITHIN EASY ACCESS OF A MINOR."
b. Every wholesale and retail dealer of firearms shall conspicuously post at each purchase counter the following warning, printed in block letters not less than one inch in height: "IT IS A CRIMINAL OFFENSE TO LEAVE A LOADED FIREARM OR STUN GUN WITHIN EASY ACCESS OF A MINOR."
c. Violation of this section by any retail or wholesale dealer of firearms is a petty disorderly persons offense.
(cf: P.L.1991, c.397, s.2)
6. This act shall take effect immediately.
STATEMENT
This bill regulates the purchase and sale of stun guns. In a recent Consent Order entered in New Jersey Second Amendment Society v. Porrino, No. 16-4906 (USDC) (April 25, 2017), the United States District Court stated that subsection h. of N.J.S.2C:39-3, "to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional in that it violates the Second Amendment to the United States Constitution and shall not be enforced." The Consent Order further provided that subsection d. of N.J.S.2C:39-9 "shall not be enforced to the extent this statute prohibits, under criminal penalty, the sale or shipment of Tasers or other electronic arms."
Under the bill, a person purchasing a stun gun is required to obtain a permit to purchase a stun gun (PPSG). The requirements for obtaining a PPSG would be substantially similar to the requirements for purchasing a handgun in this State.
A person who receives a PPSG is required to be of "good character" and "good repute" in the community and not subject to the same disqualifying criteria that would prohibit a person from purchasing a firearm. Under current law, a person is prohibited from purchasing a firearm if that person: 1) has been convicted of any crime; 2) is drug dependent (as defined in P.L.1970, c.226 (C. 24:21-2); 3) has been confined for a mental disorder; 4) is a habitual drunkard or alcoholic; 5) suffers from a physical defect or disease which would make it unsafe for the person to handle a firearm; 6) knowingly falsifies any information on the application form for a FPIC or a PPH; 7) refuses to waive statutory or other rights of confidentiality relating to institutional confinement; 8) is subject to a domestic violence court order prohibiting firearms possession; 9) is named on the Terrorist Watchlist maintained by the FBI. The bill requires that a person purchasing a stun gun meet the same criteria.
Similar to handgun purchase permits, a PPSG is to be valid for 90 days from the day it is issued. If the holder fails to purchase a stun gun within that period, the PPSG expires and cannot be used. A PPSG may be renewed by the law enforcement authority that issued it for an additional 90 days, however, if the holder can show "good cause." A PPSG authorizes the purchase of only one stun gun. Consequently, a person must obtain a separate permit for each stun gun purchase. The bill requires a person who purchases a stun gun to be at least 21 years old and limits the number of stun guns a person may purchase to one per month.
In addition, the bill requires stun gun sales to be conducted by licensed firearm retailers. The bill requires the licensed firearm retailers to maintain a record of stun guns sold in the same manner as handgun sales.
The bill also prohibits a person from allowing a minor to access a stun gun. Under the bill, a person who knows or reasonably should know that a minor is likely to gain access to a stun gun at a premises under the person's control is required to store the stun gun in a securely locked box or container or in a location which a reasonable person would believe to be secure. Failure to secure a stun gun in the presence of minors would be a disorderly persons offense, which is punishable by up to six months imprisonment, a fine of up to $1,000, or both.
Finally, the bill requires firearm retailers to post signs informing their customers that it is a crime to leave a stun gun within easy access of a minor. A firearm retailer who fails to post the sign is to be guilty of a petty disorderly persons offense, which is punishable by up to 30 days imprisonment, a fine of up to $500, or both.
