ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 3645, 3646, 3666, and 3750

STATE OF NEW JERSEY

215th LEGISLATURE

  ADOPTED FEBRUARY 14, 2013

 


Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman  JOSEPH CRYAN

District 20 (Union)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblyman  JASON O'DONNELL

District 31 (Hudson)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  CHARLES MAINOR

District 31 (Hudson)

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

 

Co-Sponsored by:

Assemblyman S.Connors, Assemblywoman Watson Coleman, Assemblyman Gusciora, Assemblywoman Spencer and Assemblyman Schaer

 

 

 

SYNOPSIS

     Establishes a regulatory and reporting program for ammunition sales and transfers.

 

CURRENT VERSION OF TEXT

     Substitute as adopted by the Assembly Law and Public Safety Committee.

 


An Act concerning firearms ammunition, amending P.L.2007, c.318 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.  All ammunition sales and transfers shall be transacted and consummated pursuant to the provisions of this chapter.

     b.    No person shall engage in the retail business of selling ammunition unless that person is licensed pursuant to N.J.S.2C:58-2 as a retail dealer of firearms, or as an employee of a retail dealer of firearms, or licensed under federal law.

     The superintendent may prescribe appropriate standards and qualifications for applicants seeking licenses under N.J.S.2C:58-2 to engage in the retail business of selling ammunition and for their employees.

     c.     All ammunition sales and transfers shall be consummated as face-to-face transactions between the seller, transferor, or assigner and the purchaser, or assignee.  As used in this section, “face-to-face transaction” means a sale or transfer in which the purchaser, transferee, or assignee is in the physical presence of the seller, transferor, or assigner at the time the sale or transfer is consummated.  It shall not include any transaction conducted by mail order, the Internet, telephone, or any other anonymous method of transaction in which the two parties are not in each other’s physical presence.

     d.    (1) With regard to the sale and transfer of handgun ammunition, the provisions of this section are in addition to the requirements set forth under section 1 of P.L.2007, c.318 (C.2C:58-3.3).

     (2) With regard to the sale and transfer of rifle or shotgun ammunition, the provisions of this section are in addition to the requirements set forth under section 3 of P.L.     , c.     (C.    )(now before the Legislature as this bill).

     e.     The provisions of this section shall not apply to any person licensed pursuant to federal law or under N.J.S.2C:58-1 or N.J.S.2C:58-2, a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, or transfers ammunition which is recognized as being historical in nature or of historical significance, or to any sale, transfer, assignment, or disposition of ammunition to or any purchase, receipt, or acceptance of ammunition by a law enforcement agency or law enforcement official for law enforcement purposes.

     f.     A person who violates this section shall be guilty of a crime of the fourth degree.

 

     2.    Section 1 of P.L.2007, c.318 (C.2C:58-3.3) is amended to read as follows:

     1.    a. As used in this act, "handgun ammunition" means ammunition specifically designed to be used only in a handgun. "Handgun ammunition" shall not include blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition.

     b.    (1) No person shall sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire handgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, or a valid permit to carry a handgun and first exhibits such card or permit to the seller, donor, transferor or assignor.

     (2)   Every person engaged in the retail business of selling or otherwise transferring handgun ammunition shall keep a record of all such sales and transfers.  Until the provisions of paragraph (3) of this subsection become fully operational, the record shall be maintained as a register.  The register shall be of a type and form prescribed by the superintendent and shall include the name, age, address, type of card or permit exhibited by the purchaser or transferee, the caliber and numerical amount of ammunition sold or transferred in the transaction, the date of the transaction, and such other information as the superintendent shall deem necessary for the proper enforcement of this section.  The register shall be retained by the dealer and shall be made available at all reasonable hours for inspection by any law enforcement officer.

     (3)   Within 180 days of the effective date of this act, the superintendent shall develop a program for the electronic reporting by dealers, on a real-time basis, of all handgun ammunition sales and transfers, and the information relating to each such sale and transfer, as required under paragraph (2) of this subsection.  The superintendent shall establish an electronic data base containing all such reported information, which shall be available to all law enforcement officers on a real-time basis.  The superintendent shall establish security procedures to protect the confidentiality of the information contained in this data base, which shall preclude access to the information to any person not lawfully entitled to it.  For the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.), the information contained in the data base established pursuant to this subsection shall not be deemed a government record.

     c.     No person shall sell, give, transfer, assign or otherwise dispose of handgun ammunition to a person who is under 21 years of age.

     d.    The provisions of this section shall not apply to a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, possesses, or transfers handgun ammunition which is recognized as being historical in nature or of historical significance.

     e.     A person who violates this section shall be guilty of a crime of the fourth degree, except that nothing contained herein shall be construed to prohibit the sale, transfer, assignment or disposition of handgun ammunition to or the purchase, receipt or acceptance of ammunition by a law enforcement agency or law enforcement official for law enforcement purposes.

     f.     Nothing in this section shall be construed to prohibit the transfer of ammunition for use in a lawfully transferred firearm in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (C.2C:58-3.2) or section 14 of P.L.1979, c.179 (C.2C:58-6.1).

     g.     Nothing in this section shall be construed to prohibit the sale of a de minimis amount of handgun ammunition at a firearms range operated by a licensed dealer; a law enforcement agency; a legally recognized military organization; or a rifle or pistol club which has filed a copy of its charter with the superintendent for immediate use at that range.

(cf: P.L.2007, c.318, s.1)

 

     3.    (New section) a.  As used in this section, "rifle ammunition" means ammunition specifically designed to be used in a rifle.  “Shotgun ammunition” means ammunition specifically designed to be used in a shotgun.  Blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition shall not be construed to be rifle ammunition or shotgun ammunition for the purposes of this section.

     b.    (1) No person shall sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire rifle ammunition or shotgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, a valid permit to carry a handgun, or valid New Jersey hunting license and first exhibits such card, permit, or license to the seller, donor, transferor or assignor.

     (2)   Every person engaged in the retail business of selling or otherwise transferring rifle ammunition or shotgun ammunition shall keep a record of all such sales and transfers.  Until the provisions of paragraph (3) of this subsection become fully operational, the record shall be maintained as a register.  The register shall be of a type and form prescribed by the superintendent and shall include the name, age, address, type of card or permit exhibited by the purchaser or transferee, the caliber or gauge and numerical amount of ammunition sold or transferred in the transaction, the date of the transaction, and such other information as the superintendent shall deem necessary for the proper enforcement of this section.  The register shall be retained by the dealer and shall be made available at all reasonable hours for inspection by any law enforcement officer.

     (3)   Within 180 days of the effective date of this act, the superintendent shall develop a program for the electronic reporting by dealers, on a real-time basis, of all rifle ammunition and shotgun ammunition sales and transfers, and the information relating to each such sale and transfer, as required under paragraph (2) of this subsection.  The superintendent shall establish an electronic data base containing all such reported information, which shall be available to all law enforcement officers on a real-time basis.  The superintendent shall establish security procedures to protect the confidentiality of the information contained in this data base, which shall preclude access to the information to any person not lawfully entitled to it.  For the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.), the information contained in the data base established pursuant to this subsection shall not be deemed a government record.

     c.     No person shall sell, give, transfer, assign or otherwise dispose of rifle ammunition or shotgun ammunition to a person who is under 18 years of age.

     d.    The provisions of this section shall not apply to a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, possesses, or transfers rifle ammunition or shotgun ammunition which is recognized as being historical in nature or of historical significance.

     e.     A person who violates this section shall be guilty of a crime of the fourth degree, except that nothing contained herein shall be construed to prohibit the sale, transfer, assignment or disposition of rifle ammunition or shotgun ammunition to, or the purchase, receipt or acceptance of ammunition by, a law enforcement agency or law enforcement official for law enforcement purposes.

     f.     Nothing in this section shall be construed to prohibit the transfer of ammunition for use in a lawfully transferred firearm in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (C.2C:58-3.2) or section 14 of P.L.1979, c.179 (C.2C:58-6.1).

     g.     Nothing in this section shall be construed to prohibit the sale of a de minimis amount of rifle ammunition or shotgun ammunition at a firearms range operated by a licensed dealer; a law enforcement agency; a legally recognized military organization; or a rifle or pistol club which has filed a copy of its charter with the superintendent for immediate use at that range.


     4.    This act shall take effect on the first day of the third month following enactment.