A3934

An Act concerning certain handguns, supplementing Title 2C of the New Jersey Statutes and amending N.J.S.2C:39-10.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. A person licensed or registered as a manufacturer, wholesale dealer of firearms, retail dealer of firearms, or an agent or employee of a wholesale or retail dealer of firearms shall not transport into this State, sell, expose for sale, possess with the intent of selling, assign or otherwise transfer any handgun manufactured following the effective date of this act unless the handgun is designed and equipped with a microscopic array of characters that identify the make, model, and serial number of the handgun. The characters shall be etched or imprinted onto the internal working parts of the handgun to ensure the characters are imprinted on the cartridge case when the handgun is fired.

b. A person licensed as retail dealer of firearms shall notify the superintendent of each sale of a handgun designed and equipped with a microscopic array of characters in accordance with this section. The information provided by the retail dealer shall include, but not be limited to: the name and address of the purchaser or assignee; date and place of the sale; and make, model, manufacturer’s number, and caliber of the handgun. The Superintendent of State Police shall establish and maintain a database of the information received pursuant to this subsection which shall be accessible by each law enforcement agency in this State.

2. N.J.S.2C:39-10 is amended to read as follows:

a. (1) Except as otherwise provided in paragraph (2) and paragraph (4) of this subsection, any person who knowingly violates the regulatory provisions relating to manufacturing or wholesaling of firearms pursuant to N.J.S.2C:58-1, retailing of firearms pursuant to N.J.S.2C:58-2 and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), permits to purchase certain firearms pursuant to N.J.S.2C:58-3, permits to carry certain firearms pursuant to N.J.S.2C:58-4, licenses to procure machine guns or assault firearms pursuant to N.J.S.2C:58-5, or incendiary or tracer ammunition pursuant to N.J.S.2C:58-10, except acts which are punishable under [section] N.J.S.2C:58-5 or [section] N.J.S.2C:58-2, is guilty of a crime of the fourth degree.

(2) A licensed dealer who knowingly violates the provisions of subparagraph (d) of paragraph (5) of subsection a. of N.J.S.2C:58-2 is a disorderly person.

(3) If, upon review, a law enforcement agency determines that a licensed dealer has sold, transferred, assigned, or otherwise disposed of an inordinate number of firearms and that licensed dealer knew, or should have known, that the firearms would be used in the commission of a crime or would be transferred to a person in order for the firearms to be used for an unlawful purpose, that dealer's license shall, after a hearing, be permanently revoked.

(4) A licensed dealer who sells or transfers a firearm to a person knowing that person intends to sell, transfer, assign, or otherwise dispose of that firearm to a person who is disqualified from possessing a firearm under State or federal law is guilty of a crime of the second degree. Notwithstanding any other provisions of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum term of imprisonment of 18 months, during which the defendant shall be ineligible for parole; provided however, if the firearm was used in the commission of a crime, the sentence imposed under this subsection shall include a mandatory minimum term of imprisonment of three years, during which the defendant shall be ineligible for parole. Further, a person convicted under this subsection shall be permanently disqualified from holding a retail license under N.J.S.2C:58-2.

b. Any person who knowingly violates the regulatory provisions relating to notifying the authorities of possessing certain items of explosives pursuant to N.J.S.2C:58-7, or of certain wounds pursuant to N.J.S.2C:58-8 is a disorderly person.

c. Any person who gives or causes to be given any false information, or signs a fictitious name or address, in applying for a firearms purchaser identification card, a permit to purchase a handgun, a permit to carry a handgun, a permit to possess a machine gun, a permit to possess an assault firearm, or in completing the certificate or any other instrument required by law in purchasing or otherwise acquiring delivery of any rifle, shotgun, handgun, machine gun, or assault firearm or any other firearm, is guilty of a crime of the third degree.

d. Any person who gives or causes to be given any false information in registering an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or in certifying that an assault firearm was rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) commits a crime of the fourth degree.

e. Any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person who is under the age of 18 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the second degree. Notwithstanding any other provision of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum five-year term of imprisonment, during which the defendant shall be ineligible for parole.

f. Unless the recipient is authorized to possess the handgun in connection with the performance of official duties under the provisions of N.J.S.2C:39-6, any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a handgun to a person who is under the age of 21 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree.

g. Any person who knowingly gives or causes to be given any false information or knowingly engages in any other fraudulent conduct in applying for an exemption to purchase more than one handgun in a 30-day period in violation of the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4) shall be guilty of a crime of the third degree. The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this subsection.

(cf: P.L.2013, c.111, s.2)

3. This act shall take effect on the first day of the 13th month following enactment, but the superintendent may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill requires all newly manufactured handguns sold in this State by licensed retail firearms dealers to be micro-stamped.

Micro-stamping is a laser technology that can engrave or etch microscopic identifying characters or letters on small objects. These characters or letters would be engraved onto the internal working parts of the handgun to ensure the characters are imprinted on each cartridge case when the handgun is fired. The array of characters on the cartridge may then be utilized by law enforcement to identify the make, model, and serial number of the handgun.

The bill requires licensed retail firearms dealers to report their handgun sales to the State Police. The bill directs the Superintendent of State Police to establish and maintain this information in a database which would be accessible by each law enforcement agency in the State.

A licensed retail firearms dealer who sells or transfers a handgun that is not micro-stamped would be guilty of a crime of the fourth degree, which is punishable by a prison term of up to 18 months, a fine of up to $10,000, or both.