§1

C. 2C:58-3.2





P.L. 1997, CHAPTER 375, approved January 19, 1998

Senate, No. 1236

 

 

 

An Act permitting the temporary transfer of a firearm for training purposes, amending N.J.S.2C:39-5 and supplementing 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. Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary, a person who is certified as an instructor in the use, handling and maintenance of firearms by the Police Training Commission, the Division of Fish, Game and Wildlife and the State Park Service in the Department of Environmental Protection, the Director of Civilian Marksmanship of the United States Department of the Army or by a recognized rifle or pistol association that certifies instructors may transfer a firearm temporarily in accordance with the terms of this section to a person participating in a training course for the use, handling and maintenance of firearms by the Police Training Commission, the Division of Fish, Game and Wildlife, the Director of Civilian Marksmanship or by a recognized rifle or pistol association that certifies instructors. The person to whom a firearm is transferred by a certified instructor in accordance with the terms of this section may receive, possess, carry and use the firearm temporarily during the sessions of the course for the purpose of training and participating in the course.

    b. A transfer of a firearm under this section may be made only if:

    (1) the transfer is made upon a firearms range or, if the firearm is unloaded, in an area designated and appropriate for the training;

    (2) the transfer is made during the sessions of the firearms course for the sole purpose of participating in the course;

    (3) the transfer is made for not more than eight consecutive hours in any 24-hour period; and

    (4) the transferred firearm is used and handled only in the actual presence and under the direct supervision of the instructor.

    c. The transfer permitted by this section may be made whether or not the person participating in the course holds a firearms license, firearms purchaser identification card or a handgun purchase permit. However, an instructor shall not knowingly transfer a firearm under the terms of this section to a person who does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit, and a person who knows that he does not meet such qualifications shall not receive the transferred firearm under the terms of this section.

    d. No firearm shall be transferred or received under the provisions of this section for purposes described in section 1 of P.L.1983, c.229 (C.2C:39-14).

 

    2. N.J.S.2C:39-5 is amended to read as follows:

    2C:39-5. Unlawful Possession of Weapons.

    a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the third degree.

    b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree.

    c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

    (2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

    d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

    e. Firearms or other weapons in educational institutions.

    (1) Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

    (2) Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.

    (3) Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

    f. Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the third degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).

    g. (1) The temporary possession of a handgun, rifle or shotgun by a person receiving, possessing, carrying or using the handgun, rifle, or shotgun under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful possession under the provisions of subsection b. or c. of this section.

    (2) The temporary possession of a firearm by a person receiving, possessing, carrying or using the firearm under the provisions of section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill) shall not be considered unlawful possession under the provisions of this section.

(cf: P.L.1995, c.389, s.1)

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would permit a firearms instructor certified by the Police Training Commission; the Division of Fish, Game and Wildlife and the State Park Service in the Department of Environmental Protection; the Director of Civilian Marksmanship of the United States Department of the Army; or a recognized rifle or pistol association that certifies instructors to transfer temporarily a firearm to a person enrolled in an approved training course for the use, handling and maintenance of firearms. The firearm could be transferred to the person by the instructor during the sessions of the course only for the purposes of training and participating in the course. The transfers could occur only upon a firing range or, if the firearm is unloaded, in an area designated and appropriate for training. The transferred firearm could only be used in the actual presence and under the direct supervision of the instructor for not more than eight consecutive hours in any 24-hour period.

    A transfer under this bill may be made to a person whether or not the person holds a firearms license, firearms purchaser identification card or a handgun purchase permit; however, a transfer could not be made to a person who does not meet the qualifications for obtaining or holding a firearms purchaser identification card or handgun purchase permit under N.J.S.2C:58-3. The bill also excludes from the protection of the bill any transfer of a firearm that occurs during training for an illegal activity.

    This bill is analogous to a recently enacted law, P.L.1992, c.74 (C.2C:58-3.1), permitting temporary transfers of firearms under limited circumstances for the purposes of target practice, trap or skeet shooting, competition or hunting.

 

 

 

Permits temporary transfer of firearms for training purposes.