Bill Text: NJ A933 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes the "Firearm Automated Licensing System"; provides for an additional assessment fee for retail dealer licenses, handgun purchaser permits and firearm purchaser identification cards.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A933 Detail]
Download: New_Jersey-2010-A933-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Establishes the "Firearm Automated Licensing System"; provides for an additional assessment fee for retail dealer licenses, handgun purchaser permits and firearm purchaser identification cards.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning firearms licensing, amending N.J.S.2C:58-2, N.J.S.2C:58-3 and N.J.S.2C:58-4 and supplementing chapter 58 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. The Legislature finds and declares that it is vital to the safety of our families and children and within the public interest to improve the efficiency and effectiveness of sharing information between local and State governments concerning the issuance of handgun permits and firearms purchaser identification cards and the revocation of these permits and identification cards.
b. In order to accomplish this objective, the Legislature finds that funds should be provided:
(1) To design and develop an electronic firearms purchaser identification card with a photo and electronic information transfer capability;
(2) To establish, equip, operate and maintain an automated standardized Statewide computer system which shall contain any information obtained by the State Police with regard to any applications for permits to purchase handguns and firearms purchaser identification cards and any information concerning any revocation of these permits and identification cards; and
(3) To ensure the smooth exchange of automated information among the State Police, law enforcement agencies, the courts and local government entities.
2. (New section) There is created in the Department of Law and Public Safety a nonlapsing revolving fund to be known as the "Firearm Automated Licensing Fund." All moneys collected pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) shall be forwarded to the Department of Law and Public Safety and deposited in the "Firearm Automated Licensing Fund." The fund shall be administered by the Attorney General and shall be used exclusively for the purposes of establishing and maintaining an automated standardized Statewide computer system to be known as the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).
3. (New section) a. The Attorney General, in consultation with the Superintendent of State Police, shall establish and maintain an automated standardized Statewide computer system, to be known as the "Firearm Automated Licensing System," which shall contain any information obtained by the State Police with regard to any applications for permits to purchase handguns and firearms purchaser identification cards and any information concerning any revocation of these permits and identification cards.
b. The chief of police, the court or the county prosecutor shall notify the Superintendent of State Police when a permit to purchase a handgun or a firearms purchaser identification card has been revoked. Upon receipt of information concerning the revocation, the Superintendent shall incorporate this information into the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
4. (New section) The Attorney General, in consultation with the Superintendent of State Police, shall develop a uniform handgun purchaser permit card and a uniform firearms purchaser identification card. The information on the card shall include a digitized color photograph of the applicant, the applicant's name and address, and such other information and encrypted data as the Attorney General shall deem appropriate and necessary.
The Superintendent of the State Police shall incorporate all the information on the handgun purchaser permit card and the firearms purchaser identification card into the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
5. (New section) The Superintendent of State Police shall incorporate into the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) any information pertaining to revocation of a handgun purchase permit or a firearms purchaser identification card.
6. (New section) The Attorney General, in consultation with the Superintendent of State Police and the Administrative Office of the Courts, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules, regulations, and guidelines, as appropriate, to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. 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 [$50.00] $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 applicant shall pay an additional assessment fee of $10 which shall be forwarded to the Department of Law and Public Safety for deposit into the "Firearm Automated Licensing Fund" established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill). 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 [$5.00] $5 for each employee actively engaged in the sale or purchase of firearms. Every retail dealer shall pay an additional assessment fee of $5 for each employee actively engaged in the sale or purchase of firearms which shall be forwarded to the Department of Law and Public Safety for deposit into the "Firearm Automated Licensing Fund" established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill). 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 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.
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.
f. System entry. The superintendent shall incorporate all information provided on the register form into the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).
g. Verification. No person engaged in the retail business of selling, leasing or otherwise transferring a firearm, as a retail dealer or employee of a retail dealer or otherwise, shall deliver to any person a firearm unless he has used the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to verify that the purchaser has a valid firearms purchaser identification card or a valid permit to purchase a handgun.
(cf: P.L.2002, c.130, s.6)
8. N.J.S.2C:58-3 is amended to read as follows:
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 section 2C:58-2a., 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); 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 and verification with the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), 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.
The chief police officer or the superintendent shall verify the applicant's status with the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).
f. Granting of permit or identification card; fee; term; renewal; revocation. The application for the permit to purchase a handgun together with a fee of [$2.00] $2, or the application for the firearms purchaser identification card together with a fee of [$5.00] $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. Each applicant for a permit to purchase a handgun and each applicant for a firearms purchaser identification card shall pay an additional assessment fee of $5 for a permit to purchase a handgun and an additional assessment fee of $5 for a firearms purchaser identification card. The additional assessment fee shall be forwarded to the Department of Law and Public Safety for deposit into the "Firearm Automated Licensing Fund" established pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill). 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 section 2C:39-10a. 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.
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, but 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.2003, c.277, s.4)
9. 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. 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. 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.
The chief police officer, or the superintendent, as the case may be, shall verify the applicant's status with the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
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., that he is thoroughly familiar with the safe handling and use of handguns, [and] that his application has been verified with the "Firearm Automated Licensing System" established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) 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., 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 restrict 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. The applicant shall pay an additional assessment fee of $10 which shall be forwarded to the Department of Law and Public Safety for deposit into the "Firearm Automated Licensing Fund" established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).
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., 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.
(cf: P.L.1981, c.135, s.1)
10. This act shall take effect on the 90th day after enactment, except for section 6 which shall take effect immediately.
STATEMENT
This bill would authorize the Attorney General, in consultation with the Superintendent of State Police, to establish the "Firearm Automated Licensing System," an automated standardized Statewide computer system which would contain information obtained by the State Police with regard to retail dealer licensing and applications for permits to purchase handguns and firearms purchaser identification card. This new automated system would also contain information concerning the revocations of handgun permits and firearms purchaser identification cards.
With regard to revocations, the bill would require the chief of police, the court or the county prosecutor to notify the Superintendent of State Police when a permit to purchase a handgun or a firearms purchaser identification card has been revoked. Upon receipt of this information, the Superintendent would incorporate this information into the system.
In addition, the bill would require the Attorney General to design and develop an electronic firearms purchaser identification card with a photo and electronic information transfer capability. The Superintendent would incorporate all the information on the handgun purchaser permit card and the firearms purchaser identification card into the new system. It is the intent of the sponsor that establishing such a system would ensure the smooth exchange of automated information among the State Police, law enforcement agencies, the courts and local government entities.
The "Firearm Automated Licensing System" would be funded by an additional assessment which would be imposed on licensed retail dealers, handgun permit applicants and firearms purchaser identification card applicants. Under the provisions of the bill, there would be created in the Department of Law and Public Safety a nonlapsing revolving fund to be known as the "Firearm Automated Licensing Fund." All moneys collected as the result of the additional assessment would be forwarded to the Department of Law and Public Safety and deposited in the fund. The Attorney General would administer the fund which would be used exclusively for the purposes of establishing and maintaining the "Firearm Automated Licensing System."
This bill amends various sections of chapter 58 of Title 2C of the New Jersey Statutes to provide for an additional assessment fee for retail dealer licenses, handgun permit applications and firearms purchaser identification cards.
N.J.S.A.2C:58-2, concerning licensing of firearms retail dealers, would be amended to provide an assessment fee of $10 in addition to the current application fee of $50. In addition, the retailer would also be required to pay an assessment fee of $5 for each employee actively engaged in the sale or purchase of firearms. This $5 assessment is in addition to the $5 employee fee now imposed on retail dealers. N.J.S.A.2C:58-2 would also be amended to require the superintendent to incorporate all information provided on the retail dealer register form into the "Firearm Automated Licensing System" established by this bill. Such information includes: time of the sale, 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. In addition, the bill would require retail dealers and their employees, prior to delivering the firearm, to verify, by using the new automated system, that the purchaser has a valid firearms purchaser identification card or a valid permit to purchase a handgun.
N.J.S.A.2C:58-3 would be amended to provide for an assessment fee of $5 in addition to both the current application fee of $2 for a permit to purchase a handgun and the current application fee of $5 for a firearms purchaser identification card.
In addition, the bill amends N.J.S.A.2C:58-4 to provide for an additional assessment fee of $10 for a permit to carry a handgun. The current fee for a permit to carry a handgun of $20 which is paid to the county clerk would remain the same.
This bill would not increase the additional fee of $30 which is required for a State criminal history record background check pursuant to N.J.S.A.53:1-20.6 since these moneys are statutorily earmarked for deposit in the "Criminal History Record Information Fund," pursuant to N.J.S.A.53:1-20.7 and are used for expenses in processing background checks submitted in non-criminal matters and for the purchase of State Police vehicles.
This bill would also require the chief of police or the Superintendent to verify the status of the applicant in the new automated system.
This bill provides for a delayed effective date of 90 days. Section 6 of the bill which requires the Attorney General, in consultation with the Superintendent of State Police and the Administrative Office of the Courts, to promulgate guidelines to effectuate the purposes of the bill would be effective immediately.
This bill is based on Recommendation No.11 of the report of The New Jersey Domestic Violence Fatality and Near Fatality Review Board issued June 2006.
