Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Morris, Somerset and Union)
SYNOPSIS
Establishes registry allowing persons to voluntarily include their names on list of individuals prohibited from owning firearm.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of firearms, supplementing Title 2C of the New Jersey Statutes, and amending N.J.S.2C:58-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Superintendent of State Police shall establish an Internet-based Do Not Sell registry to prohibit the sale of firearms to persons residing in this State who have voluntarily requested to be included in the registry. The superintendent shall ensure that the registered person's information is included among the criteria prohibiting a person from purchasing a firearm pursuant to subsection c. of N.J.S.2C:58-3 when conducting a criminal history record background check. In addition, the superintendent shall ensure that the registry:
(1) verifies the identity of any person who chooses to register;
(2) prevents unauthorized disclosure of the personal information of any registered person; and
(3) informs registered persons of the implications of being included in the registry.
b. A person who registers pursuant to this section may subsequently request through the registry to have the persons information removed from the registry. The superintendent shall not remove the information until 21 days following the persons request. The superintendent shall subsequently destroy all records of the registration, associated transactions, and the request for removal of that individual's name from the registry.
c. The registry shall allow persons, at the time of registration or anytime thereafter, to submit email addresses of personal contacts and shall be programmed to notify via email those personal contacts that the registered person has been included in the registry and is prohibited from purchasing a firearm. The registry also shall notify the same personal contacts via email if the registered person subsequently requests to be removed from the registry.
d. Information regarding a persons inclusion in the registry established pursuant to this section shall not be deemed a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or common law concerning access to public records.
e. The Attorney General shall prepare and disseminate educational information regarding the Do Not Sell registry to each psychiatric facility in the State which shall be made available to the public.
f. It shall be a crime of the third degree to:
(1) transfer a firearm to a registered person with knowledge that the person receiving the firearm is included in the registry established pursuant to this section; and
(2) knowingly register another persons information in the registry without that persons consent.
g. As used in this section, psychiatric facility" means a State psychiatric facility listed in R.S.30:1-7, a county psychiatric hospital or the psychiatric unit of a county hospital, a short-term care facility, special psychiatric hospital or psychiatric unit of a general hospital or other health care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or a hospital or community-based mental health center or other entity licensed or funded by the Department of Human Services to provide community-based mental health services.
2. N.J.S.2C:58-3 is amended to read as follows:
2C:58-3. a. Permit to purchase a handgun.
(1) A person shall not 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.
(2) A person who is not a licensed retail dealer and sells, gives, transfers, assigns, or otherwise disposes of, or receives, purchases or otherwise acquires a handgun pursuant to this section shall conduct the transaction through a licensed retail dealer.
The provisions of this paragraph shall not apply if the transaction is:
(a) between members of an immediate family as defined in subsection n. of this section;
(b) between law enforcement officers;
(c) between collectors of firearms or ammunition as curios or relics as defined in Title 18, U.S.C. section 921 (a) (13) who have in their possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or
(d) a temporary transfer pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) or section 1 of P.L.1997, c.375 (C.2C:58-3.2).
(3) Prior to a transaction conducted pursuant to this subsection, the retail dealer shall complete a National Instant Criminal Background Check of the person acquiring the handgun. In addition:
(a) the retail dealer shall submit to the Superintendent of State Police, on a form approved by the superintendent, information identifying and confirming the background check;
(b) every retail dealer shall maintain a record of transactions conducted pursuant to this subsection, which shall be maintained at the address displayed on the retail dealer's license for inspection by a law enforcement officer during reasonable hours;
(c) a retail dealer may charge a fee for a transaction conducted pursuant to this subsection; and
(d) any record produced pursuant to this subsection shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
b. Firearms purchaser identification card.
(1) A person shall not 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 the 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 the person presently complies with the requirements of subsection c. of this section and shall contain the person's name, address and firearms purchaser identification card number or dealer's registration number. The certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief police officer of the municipality in which the person resides or with the superintendent.
(2) A person who is not a licensed retail dealer and sells, gives, transfers, assigns, or otherwise disposes of, or receives, purchases or otherwise acquires an antique cannon or a rifle or shotgun pursuant to this section shall conduct the transaction through a licensed retail dealer.
The provisions of this paragraph shall not apply if the transaction is:
(a) between members of an immediate family