S2259

An Act concerning extreme risk protection orders and supplementing and amending various parts of the statutory law.

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

1. (New section) This act shall be known and may be cited as the “Extreme Risk Protective Order Act of 2018.”

2. (New section) As used in P.L. c. (C. ) (pending before the Legislature as this bill):

“Ammunition” means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, but does not include any shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing or any unloaded, non-metallic shotgun hull or casing not having a primer.

“Deadly weapon” shall have the same meaning as in subsection c. of N.J.S.2C:11-1.

“Family or household member” means a spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), or former spouse, former domestic partner, or former partner in a civil union couple, or any other person who is a present household member or was at any time a household member; a person with whom the respondent has a child in common, or with whom the respondent anticipates having a child in common if one of the parties is pregnant; or a current or former dating partner.

“Firearm” shall have the same meaning as in N.J.S.2C:39-1.

“Law enforcement agency” means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.

“Law enforcement officer” means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.

“Petitioner” means a family or household member or law enforcement officer.

“Recent” means within six months prior to the date the petition was filed.

3. (New section) a. A law enforcement officer who, in good faith, does not file a petition for an extreme risk protective order or temporary extreme risk protection order shall be immune from
criminal or civil liability.

b. A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms or ammunition stored or transported pursuant to section 6 or 7 of P.L. c. (C. ) (pending before the Legislature as this bill) unless the damage or deterioration resulted from recklessness, gross negligence, or intentional misconduct by the law enforcement agency.

4. (New section) a. A petitioner may file a petition for a temporary extreme risk protective order in the Superior Court in accordance with the Rules of Court alleging that the respondent poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm. The petition shall be heard by the Superior Court in an expedited manner.

Filing a petition pursuant to this section shall not prevent a petitioner from filing a criminal complaint based on the circumstances forming the basis of the petition.

A petitioner may apply for relief under this section in a court where the respondent resides, or where the petitioner resides in accordance with the Rules of Court.

b. A petition for a temporary extreme risk protective order shall

include an affidavit including the number, types, physical description, and locations of any firearms and ammunition currently believed by the petitioner to be controlled or possessed by the respondent.

c. The court shall not charge a fee to file the petition.

d. Petition forms shall be readily available at the courts, and at State, county, and municipal police stations.

e. A judge shall issue the order if the court finds good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to the respondent or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

f. In determining whether to issue an order pursuant to this section, the court shall consider whether the respondent has:

(1) any history of threats or acts of violence by the respondent directed toward self or others;

(2) any history of use, attempted use, or threatened use of physical force by the respondent against another person;

(3) any recent violation of 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.);

(4) any recent violation of a protective order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015,” P.L.2015, c.147 (C.2C:14-13 et al.);

(5) ever been convicted of a violent disorderly persons or petty
disorderly persons offense, stalking offense pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10), or domestic violence offense enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19);

(6) ever been convicted of an offense involving cruelty to animals; or

(7) any history of drug or alcohol abuse and recovery from this abuse.

g. In determining whether to issue an order pursuant to this section, the court also may consider any factors related to whether the respondent presents an increased risk of violence, including, but not limited to, whether the respondent has any:

(1) history of violating 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.);

(2) history of violating a protective order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015,” P.L.2015, c.147 (C.2C:14-13 et al.)

(3) prior arrests for a violent disorderly persons or petty disorderly persons offense, stalking offense pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10), or domestic violence offense enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19); or

(4) recent acquisitions of a firearm, ammunition, or other deadly weapon.

h. The temporary extreme risk protective order shall prohibit the respondent from having custody or control of, owning, purchasing, possessing, or receiving firearms or ammunition, and from securing or holding a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3, or a permit to carry a handgun pursuant to N.J.S.2C:58-4 during the period the protective order is in effect and shall order the respondent to surrender firearms and ammunition in the respondent’s custody or control, or which the respondent possesses or owns, and any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun held by the respondent in accordance with section 7 of (P.L. c. (C. ) (pending before the Legislature as this bill). Any card or permit issued to the respondent shall be immediately revoked pursuant to subsection f. of N.J.S.2C:58-3.

i. A temporary extreme risk protective order issued under this section shall remain in effect until a court issues a further order.

j. The court that issues the temporary extreme risk protective order shall immediately forward a copy of the order and petition to the appropriate law enforcement agency which shall immediately, or as soon as practicable, serve it on the respondent, and to the law enforcement agency of the municipality in which the petitioner resides or is sheltered. If personal service cannot be effected upon the respondent, the court may order other appropriate substituted service. At no time shall the petitioner be asked or required to serve
any order on the respondent. The law enforcement agency serving the order shall not charge a fee or seek reimbursement from the petitioner for service of the order.

k. Notice of temporary extreme risk protective orders issued pursuant to this section shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police, and any other appropriate law enforcement agency or court.

l. Any temporary extreme risk protective order issued pursuant to this section shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

5. (New section) a. A hearing for an extreme risk protective order shall be held in accordance with the Rules of Court within 10 days of the filing of a petition pursuant to section 4 of P.L. c. (C. ) (pending before the Legislature as this bill) in the county where the temporary extreme risk protective order was filed, unless good cause is shown for the hearing to be held in another county. A copy of the petition shall be served on the respondent in accordance with the Rules of Court.

b. If the court finds by a preponderance of the evidence at the hearing that the respondent poses a significant danger of bodily injury to the respondent’s self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm, the court shall issue a one-year extreme risk protective order.

c. When deciding whether to issue the order, the court shall consider the factors enumerated in subsection f. of section 4 of P.L. c. (C. ) (pending before the Legislature as this bill) and may consider, but is not limited to, the factors enumerated in subsection g. of section 4 of P.L. c. (C. ) (pending before the Legislature as this bill), as well as any other relevant evidence.

d. An extreme risk protective order issued pursuant to this section shall prohibit the respondent from having custody or control of, owning, purchasing, possessing, or receiving a firearm.

6. (New section) a. Upon request by a petitioner, and after notice to the respondent and a hearing, the court may extend an extreme risk protective order issued pursuant to section 5 of P.L. c. (C. ) (pending before the Legislature as this bill). A petition for an extension may be filed any time within three months preceding the expiration of the current protective order. The protective order may be extended for one year if the court makes the same findings by a preponderance of the evidence as required for granting the initial order issued pursuant to section 5 of P.L. c. (C. ) (pending before the Legislature as this bill). The court shall consider the factors enumerated in subsection f. of section 4 of P.L. c. (C. ) (pending before the Legislature as this bill) and may consider, but is not limited to, the factors enumerated in subsection g. of section 4 of P.L. c. (C. ) (pending before the Legislature as this bill), as well as any other relevant evidence.

b. The court may terminate an order upon petition by the respondent after a hearing at which the respondent shall bear the burden of proving by a preponderance of the evidence that the respondent no longer poses a significant danger of causing bodily injury to the respondent’s self or to other persons by having custody or control of, owning, possessing, purchasing, or receiving a firearm. The respondent may file no more than one petition to terminate an order while the order is in effect.

7. (New section) a. When a temporary extreme risk protective order or extreme risk protective order is issued pursuant to section 4, 5, or 6 of P.L. c. (C. ) (pending before the Legislature as this bill), the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition in the respondent’s custody or control, or which the respondent owns or possesses, and any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun held by the respondent.

b. Upon being served with the protective order, the respondent immediately shall surrender, in a safe manner, all firearms and ammunition in the respondent’s custody or control, or which the respondent owns or possesses, and any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun held by the respondent to the control of a law enforcement officer.

(1) If the protective order indicates that the respondent owns or possesses any firearms or ammunition, the law enforcement officer who serves the order shall request that all firearms and ammunition immediately be surrendered.

(2) If a law enforcement officer is unable to personally serve the order, the respondent shall surrender all firearms and ammunition to the control of the respondent’s local law enforcement agency within 24 hours of being served with the order. Alternatively, the respondent may surrender or sell all firearms and ammunition in a safe manner to a federally licensed firearms dealer.

(3) The law enforcement officer or licensed firearms dealer taking possession of any firearms or ammunition pursuant to this subsection shall issue a receipt identifying all firearms and ammunition that have been surrendered by the respondent. The officer or dealer shall provide a copy of the receipt to the respondent at the time of surrender.

(4) If the respondent surrenders firearms and ammunition to a law enforcement officer or surrenders or sells firearms and ammunition to a licensed dealer pursuant to paragraph (2) of this subsection, the respondent shall, within 48 hours after being served with the order file the receipt with the court that issued the protective order and file a copy of the receipt with the law enforcement agency that served the order. Failure to timely file the receipt or copy of the receipt shall constitute contempt of the order.

c. The court which issued the protective order may issue a search warrant for a firearm or ammunition that is in the custody or control of, owned, or possessed by a respondent who is subject to a restraining order issued pursuant to section 4 or 5 or 6 of P.L. c. (C. ) (pending before the Legislature as this bill) if the respondent has lawfully been served with that order and has failed to surrender the firearm or ammunition as required by this section.

d. If the respondent has surrendered a firearm or ammunition to a law enforcement agency, within 30 days of the expiration of the order or upon termination of the order, the respondent may petition the agency for the return of any surrendered firearms or ammunition. Within 30 days of receiving a petition for the return of surrendered firearms or ammunition and after the expiration or termination of the order, the agency shall return the firearm or ammunition unless:

(1) the firearm has been reported as stolen;

(2) the respondent is prohibited from possessing a firearm under State or federal law; or

(3) the protective order is extended pursuant to the provisions of section 6 of P.L. c. (C. ) (pending before the Legislature as this bill).

e. If a person other than the respondent claims title to any firearm or ammunition surrendered pursuant to this section, and the law enforcement agency determines that the person is the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to that person.

f. If the respondent has surrendered a firearm or ammunition to a federally licensed firearms dealer, after expiration or termination of the order, the respondent may request the law enforcement agency, in writing, to authorize the return of the firearm or ammunition from the dealer. The dealer shall transfer the firearm or ammunition to the respondent in accordance with procedures required when a firearm or ammunition is being sold from the dealer’s inventory.

8. (New section) A respondent who has surrendered any firearm or ammunition to a law enforcement agency pursuant to P.L. c. (C. ) (pending before the Legislature as this bill) who does not want the firearm or ammunition returned or is no longer eligible to own or possess a firearm or ammunition may sell or transfer title of the firearm or ammunition to a federally licensed firearms dealer. The agency shall transfer possession of the firearm or ammunition to a licensed dealer only after the dealer has displayed written proof of transfer of the firearm or ammunition from the respondent to the dealer and the agency has verified the transfer with the respondent.

9. (New section) A law enforcement agency holding any firearm or ammunition surrendered pursuant to P.L. c. (C. ) (pending before the Legislature as this bill) for more than one year after the expiration or termination of the extreme risk protective order may destroy the firearm or ammunition in accordance with the policies and procedures of the agency for destruction of firearms or ammunition.

10. (New section) Except as provided in section 11 of P.L. c. (C. ) (pending before the Legislature as this bill), a violation by the respondent of an order issued pursuant to section 4 or 5 of P.L. c. (C. ) (pending before the Legislature as this bill) shall constitute an offense under subsection e. of N.J.S.2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S.2C:29-9 involving an extreme risk protective order shall be heard by the Superior Court. All contempt proceedings brought pursuant to P.L. c. (C. ) (pending before the Legislature as this bill) shall be made in accordance with the Rules of Court.

11. (New section) If a law enforcement officer finds probable cause that a respondent is in contempt of an order entered pursuant to P.L. c. (C. ) (pending before the Legislature as this bill), the respondent shall be arrested and taken into custody.

12. (New section) a. The Administrative Office of the Courts shall include all persons who have had protective orders entered against them pursuant to P.L. c. (C. ) (pending before the Legislature as this bill), and all persons who have been charged with a violation of an extreme risk protective order in the Domestic Violence Central Registry established pursuant to P.L.1999, c.421 (C.2C:25-34 et seq.). All records made pursuant to this section shall be kept confidential in accordance with the Rules of Court.

b. Any person who disseminates or discloses a record or report of the central registry for a purpose other than the purposes authorized in this section or as otherwise authorized by law or the Supreme Court of the State of New Jersey is guilty of a crime of the fourth degree.

13. N.J.S.2C:29-9 is amended to read as follows:

2C:29-9. Contempt. a. A person is guilty of a crime of the fourth degree if [he] the person purposely or knowingly disobeys a judicial order or protective order, pursuant to section 1 of P.L.1985, c.250 (C.2C:28-5.1), or hinders, obstructs, or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing, or controversy by a court, administrative body, or investigative entity.

b. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this paragraph.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

c. A person is guilty of a crime of the third degree if that person purposely or knowingly violates any provision in an order entered under the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) or section 2 of P.L.1999, c.47 (C.2C:12-10.2) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

d. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.

(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

e. A person is guilty of a crime of the fourth degree if the person purposely or knowingly violates any provision of an order entered under the provisions of the “Extreme Risk Protective Order Act of 2018,” P.L. c. (C. ) (pending before the Legislature as this bill) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.

As used in this section, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.

(cf: P.L.2016, c.93, s.3)

14. Section 6 of P.L.1979, c.179 (C.2C:39-7) is amended to read as follows:

6. Certain Persons Not to Have Weapons.

a. Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1 or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any person convicted of a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who purchases, owns, possesses or controls any of the said weapons is guilty of a crime of the fourth degree.

b. (1) A person having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant to P.L.1992, c.209 (C.2C:12-10) or a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, or a person having been convicted of a crime pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6, inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole. If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7, the extended term of imprisonment shall include the imposition of a minimum term, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.

(2) A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree.

(3) A 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 who is subject to a court order prohibiting the possession of firearms issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.

(4) A person who is subject to a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the “Extreme Risk Protective Order Act of 2018,” P.L. c. (C. ) (pending before the Legislature as this bill) who purchases, acquires, owns, possesses, or controls a firearm or ammunition is guilty of a crime of the third degree.

c. Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section.

(cf: P.L.2003, c.277, s.3)

15. N.J.S.2C:58-3 is amended to read as follows:

2C:58-3. 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 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 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 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 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 the 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 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);

(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; or

(10) To any person who is subject to a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the “Extreme Risk Protective Order Act of 2018,” P.L. c. (C. ) (pending before the Legislature as this bill).

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, 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 a hearing by the judge of the Superior Court. No formal pleading and no filing fee shall be required as a preliminary to a hearing. Appeals from the results of a 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 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 the 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, whether the person is subject to a restraining order issued pursuant to the “Extreme Risk Protective Order Act of 2018.” P.L. , c. (C. ) (pending before the Legislature as this bill) prohibiting the person from possessing any firearm, and 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 a 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.

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, or the application for the firearms purchaser identification card together with 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 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. 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 five days shall be an offense under subsection a. of N.J.S.2C:39-10. 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 the permit. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to the court at any time for the revocation of the 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, the 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 and no more than one handgun shall be purchased within any 30-day period, but this limitation shall not apply to:

(1) 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;

(2) 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;

(3) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers;

(4) transfers of handguns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer;

(5) 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

(6) 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).

The provisions of this subsection shall not be construed 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;

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 the firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of the 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 a 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 the firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during that 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 a visual distress signalling device.

m. The provisions of subsections a. and b. of this section and paragraphs (4) and (5) of subsection a. of N.J.S.2C:58-2 shall not apply to the purchase of firearms by a law enforcement agency for use by law enforcement officers in the actual performance of the officers' official duties, which purchase may be made directly from a manufacturer or from a licensed dealer located in this State or any other state.

(cf: P.L.2016, c.74, s.1)

16. The Supreme Court may promulgate Rules of Court to effectuate the purposes of the “Extreme Risk Protective Order Act of 2018,” P.L. c. (C. ) (pending before the Legislature as this bill).

17. (New section) The Attorney General may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of the “Extreme Risk Protective Order Act of 2018,” P.L. c. (C. ) (pending before the Legislature as this bill).

18. This act shall take effect on the first day of the seventh month next following enactment, but the Attorney General and the Administrative Director of the Courts may take any anticipatory action as shall be necessary to effectuate the purposes of this act.

STATEMENT

The bill, entitled the “Extreme Risk Protective Order Act of 2018,” establishes a process and procedures for obtaining a protective order against persons who pose a significant danger of bodily injury to themselves or others by possessing or purchasing a firearm. The order would prohibit the subject of the order from possessing or purchasing a firearm or ammunition and from holding a firearms purchaser identification card, permit to purchase a handgun, and permit to carry a firearm.

Temporary Extreme Risk Protective Order

The bill specifically authorizes a family or household member or a police officer to file a petition in the Superior Court for a temporary extreme risk protective order, in accordance with the Rules of Court, alleging that a specific person poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm. The petition is to include an affidavit including the number, types, physical description, and locations of any firearms and ammunition the petitioner believes are controlled or possessed by the respondent.

The bill directs that the petition is to be heard by the Superior Court in an expedited manner. The court is to issue the protective order if it finds good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm. The court would not charge a fee to file the petition.

In deciding whether to issue the temporary protective order, the court would consider: whether the person has a history of threats or acts of violence directed toward self or others; a history of use, attempted use, or threatened use of physical force against another; a recent violation of a restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991” or a protective order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015”; a conviction of a violent disorderly persons or petty disorderly persons offense, stalking offense, domestic violence offense, or an offense involving cruelty to animals; and a history of drug or alcohol abuse. The bill also authorizes the court to consider other factors related to whether the respondent poses an increased risk of violence, including, but not limited to, whether the person has a history of violating a restraining order issued pursuant to the “Prevention of Domestic Violence Act of 1991” or a protective order issued pursuant to the “Sexual Assault Survivor Protection Act of 2015”; prior arrests for a violent disorderly persons or petty disorderly persons offense, stalking, or domestic violence offense; and recent acquisitions of a firearm, ammunition, or other deadly weapon.

A temporary extreme risk protective order prohibits the subject of the order from having custody or control of, owning, purchasing, possessing, or receiving firearms or ammunition. It also prohibits the person from securing or holding a firearms purchaser identification card, a permit to purchase a handgun, or a permit to carry a handgun while the order is in effect. Under the order, the subject would be required to surrender firearms and ammunition, as well as the identification card or permits, which would be immediately revoked.

Extreme Risk Protective Order

The temporary extreme risk protective order is to remain in effect until the court considers whether a one-year extreme risk protective order should be issued. A hearing for an extreme risk protective order would be held within 10 days of the filing of a petition for a temporary order. At the hearing, the court is to consider the same factors considered for a temporary order. The one-year order is to be issued if the court finds by a preponderance of the evidence at the hearing that the respondent poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

Extension of Extreme Risk Protective Order

The one-year order may be extended for another year if requested by the family or household member or law enforcement officer any time within three months of the expiration of the current protective order and upon notice to the respondent and a hearing. The court is required to make the same findings, by a preponderance of the evidence, as required for granting the initial one-year order.

Surrender Provisions

A person against whom a temporary extreme risk protective order or extreme risk protective order is issued is required to surrender to the local law enforcement agency or to surrender or sell to a federally licensed dealer all firearms and ammunition in the person’s custody or control, or which the person owns or possesses, and to surrender to law enforcement any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun the person holds. The person can petition for the return of the firearms or ammunition within 30 days before the order expires with certain exceptions. The person also may sell the firearms or ammunition to a licensed dealer. A law enforcement agency holding a surrendered firearm or ammunition a year after the order expires is authorized to destroy the firearm or ammunition in accordance with agency policies.

Petition to Terminate Extreme Risk Protective Order

The subject of an order has one opportunity to have an order terminated. The subject is required to prove at a hearing, by a preponderance of the evidence, that the person no longer poses a significant danger of causing bodily injury to self or another by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

Domestic Violence Central Registry

The bill further requires the Administrative Office of the Courts to include in the Domestic Violence Central Registry all persons who have had extreme risk protective orders entered against them, and all persons who have been charged with a violation of an extreme risk protective order. These records are to be kept confidential and released only to authorized entities which also are required to keep confidential the information and are prohibited from disseminating it for any reason other than as authorized by law.

Amendatory Sections

N.J.S.A.2C:29-9 is amended to provide that a person subject to an extreme risk protective order who violates the order commits a crime of the fourth degree. Fourth degree crimes are punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

N.J.S.A.2C:39-7 is amended to provide that the subject of an extreme risk protective order who purchases, acquires, owns, possesses, or controls a firearm or ammunition commits a crime of the third degree. Third degree crimes are punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

N.J.S.A.2C:58-3 is amended to provide that the subject of an order also is disqualified from obtaining a firearms purchaser identification card or permit to purchase a handgun.

Effective Date

The bill takes effect on the first day of the seventh month next following enactment and authorizes the Attorney General and the Administrative Director of the Courts to take anticipatory action.