SENATE, No. 351

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senators CODEY and ADLER

An Act concerning handguns, amending various parts of the statutory law, 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) The provisions of P.L. , c. (C. )(now before the Legislature as this bill) shall be liberally construed to advance the following goals:

    a. Strictly limiting the availability of handguns by establishing prohibitions on their sale, possession, and importation;

    b. Encouraging a reduction in the number of lawfully possessed handguns; and

    c. Establishing a rigorous system of regulation over the transportation and transfer of handguns in New Jersey.

    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. (1) 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] or who knowingly brings into this State any handgun, except for antique handguns determined by the superintendent to be collectibles, commemoratives or curios, is guilty of a crime of the third degree and shall be sentenced to a minimum term of imprisonment of five years during which the defendant shall be ineligible for parole.

    (2) Any person who knowingly carries any handgun, including any antique handgun, 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.

    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. 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.

(cf: P.L.1992, c.94, s.1)

    3. N.J.S.2C:39-6 is amended to read as follows:

    2C:39-6. a. Provided a person complies with the requirements of subsection j. of this section, N.J.S.2C:39-5 does not apply to:

    (1) Members of the Armed Forces of the United States or of the National Guard while actually on duty, or while traveling between places of duty and carrying authorized weapons in the manner prescribed by the appropriate military authorities;

    (2) Federal law enforcement officers, and any other federal officers and employees required to carry firearms in the performance of their official duties;

    (3) Members of the State Police and, under conditions prescribed by the superintendent, members of the Marine Law Enforcement Bureau of the Division of State Police;

    (4) A sheriff, undersheriff, sheriff's officer, county prosecutor, assistant prosecutor, prosecutor's detective or investigator, deputy attorney general or State investigator employed by the Division of Criminal Justice of the Department of Law and Public Safety, investigator employed by the State Commission of Investigation, inspector of the Alcoholic Beverage Control Enforcement Bureau of the Division of State Police in the Department of Law and Public Safety authorized to carry such weapons by the Superintendent of State Police, State park ranger, or State conservation officer;

    (5) A prison or jail warden of any penal institution in this State or his deputies, or an employee of the Department of Corrections engaged in the interstate transportation of convicted offenders, while in the performance of his duties, and when required to possess the weapon by his superior officer, or a correction officer or keeper of a penal institution in this State at all times while in the State of New Jersey, provided he annually passes an examination approved by the superintendent testing his proficiency in the handling of firearms;

    (6) A civilian employee of the United States Government under the supervision of the commanding officer of any post, camp, station, base or other military or naval installation located in this State who is required, in the performance of his official duties, to carry firearms, and who is authorized to carry such firearms by said commanding officer, while in the actual performance of his official duties;

    (7) (a) A regularly employed member, including a detective, of the police department of any county or municipality, or of any State, interstate, municipal or county park police force or boulevard police force, at all times while in the State of New Jersey;

    (b) A special law enforcement officer authorized to carry a weapon as provided in subsection b. of section 7 of P.L.1985, c.439 (C.40A:14-146.14);

    (c) An airport security officer or a special law enforcement officer appointed by the governing body of any county or municipality, except as provided in subsection b. of this section, or by the commission, board or other body having control of a county park or airport or boulevard police force, while engaged in the actual performance of his official duties and when specifically authorized by the governing body to carry weapons; or

    (8) A full-time, paid member of a paid or part-paid fire department or force of any municipality who is assigned full-time or part-time to an arson investigation unit created pursuant to section 1 of P.L.1981, c.409 (C.40A:14-7.1) or to the county arson investigation unit in the county prosecutor's office, while either engaged in the actual performance of arson investigation duties or while actually on call to perform arson investigation duties and when specifically authorized by the governing body or the county prosecutor, as the case may be, to carry weapons. Prior to being permitted to carry a firearm, such a member shall take and successfully complete a firearms training course administered by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm.

    b. Subsections a., b. and c. of N.J.S.2C:39-5 do not apply to:

    (1) A law enforcement officer employed by a governmental agency outside of the State of New Jersey while actually engaged in his official duties, provided, however, that he has first notified the superintendent or the chief law enforcement officer of the municipality or the prosecutor of the county in which he is engaged; or

    (2) A licensed dealer in firearms and his registered employees at his normal place of business and during the course of their normal business while traveling to and from their place of business and other places for the purpose of demonstration, exhibition or delivery in connection with a sale, provided, however, that the weapon is carried in the manner specified in subsection g. of this section.

    c. Provided a person complies with the requirements of subsection j. of this section, subsections b. and c. of N.J.S.2C:39-5 do not apply to:

    (1) A special agent of the Division of Taxation who has passed an examination in an approved police training program testing proficiency in the handling of any firearm which he may be required to carry, while in the actual performance of his official duties and while going to or from his place of duty, or any other police officer, while in the actual performance of his official duties;

    (2) A State deputy conservation officer or a full-time employee of the Division of Parks and Forestry having the power of arrest and authorized to carry weapons, while in the actual performance of his official duties;

    (3) (Deleted by amendment, P.L.1986, c.150.)

    (4) A court attendant serving as such under appointment by the sheriff of the county or by the judge of any municipal court or other court of this State, while in the actual performance of his official duties;

    (5) A guard in the employ of any railway express company, banking or building and loan or savings and loan institution of this State, while in the actual performance of his official duties;

    (6) A member of a legally recognized military organization while actually under orders or while going to or from the prescribed place of meeting and carrying the weapons prescribed for drill, exercise or parade;

    (7) An officer of the Society for the Prevention of Cruelty to Animals, while in the actual performance of his duties;

    (8) An employee of a public utilities corporation actually engaged in the transportation of explosives;

    (9) A railway policeman, except a transit police officer of the New Jersey Transit Police Department, at all times while in the State of New Jersey, provided that he has passed an approved police academy training program consisting of at least 280 hours. The training program shall include, but need not be limited to, the handling of firearms, community relations, and juvenile relations;

    (10) A campus police officer appointed under P.L.1970, c.211 (C.18A:6-4.2 et seq.) at all times. Prior to being permitted to carry a firearm, a campus police officer shall take and successfully complete a firearms training course administered by the Police Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm;

    (11) A person who has not been convicted of a crime under the laws of this State or under the laws of another state or the United States, and who is employed as a full-time security guard for a nuclear power plant under the license of the Nuclear Regulatory Commission, while in the actual performance of his official duties;

    (12) A transit police officer of the New Jersey Transit Police Department, at all times while in the State of New Jersey, provided the officer has satisfied the training requirements of the Police Training Commission, pursuant to subsection c. of section 2 of P.L.1989, c.291 (C.27:25-15.1); or

    (13) A parole officer employed by the Bureau of Parole in the Department of Corrections at all times. Prior to being permitted to carry a firearm, a parole officer shall take and successfully complete a basic course for regular police officer training administered by the Police Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm.

    d. (1) Subsections c. and d. of N.J.S.2C:39-5 do not apply to antique firearms, provided that such antique firearms are unloaded or are being fired for the purposes of exhibition or demonstration at an authorized target range or in such other manner as has been approved in writing by the chief law enforcement officer of the municipality in which the exhibition or demonstration is held, or if not held on property under the control of a particular municipality, the superintendent.

    (2) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an antique cannon that is capable of being fired but that is unloaded and immobile, provided that the antique cannon is possessed by (a) a scholastic institution, a museum, a municipality, a county or the State, or (b) a person who obtained a firearms purchaser identification card as specified in N.J.S.2C:58-3.

    (3) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an unloaded antique cannon that is being transported by one eligible to possess it, in compliance with regulations the superintendent may promulgate, between its permanent location and place of purchase or repair.

    (4) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to antique cannons that are being loaded or fired by one eligible to possess an antique cannon, for purposes of exhibition or demonstration at an authorized target range or in the manner as has been approved in writing by the chief law enforcement officer of the municipality in which the exhibition or demonstration is held, or if not held on property under the control of a particular municipality, the superintendent, provided that performer has given at least 30 days' notice to the superintendent.

    (5) Subsection a. of N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to the transportation of unloaded antique cannons directly to or from exhibitions or demonstrations authorized under paragraph (4) of subsection d. of this section, provided that the transportation is in compliance with safety regulations the superintendent may promulgate. Nor do those subsections apply to transportation directly to or from exhibitions or demonstrations authorized under the law of another jurisdiction, provided that the superintendent has been given 30 days' notice and that the transportation is in compliance with safety regulations the superintendent may promulgate.

    e. (1) Nothing in subsections [b.,]c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, other than a handgun, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

    (2) Any person who qualifies for one or more of the exemptions set forth in subsection a., paragraph (1) of subsection b., or in subsections c. or l. of this section, or under section 15 of P.L. , c. (C. )(now before the Legislature as this bill) may possess and carry a handgun notwithstanding the limitations set forth in paragraph (1) of this subsection.

    f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:

    (1) (a) A member of any rifle [or pistol] club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from a place of target practice, carrying such firearms as are necessary for said target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearms are carried in the manner specified in subsection g. of this section;

    (b) A member of any pistol club from maintaining and storing a handgun at a pistol club for use at that club, provided that the owner of the club is licensed pursuant to the provisions of section 14 of P.L. , c. (C. )(now pending before the Legislature as this bill), has filed a copy of its charter with the superintendent, and annually submits a list of its members who store handguns at the club together with a description of the stored handguns.

    (2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;

    (3) A person transporting any firearm or knife while traveling:

    (a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license; or

    (b) Directly to or from any target range, or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that during the course of the travel all firearms are carried in the manner specified in subsection g. of this section and the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or

    (c) In the case of a firearm, directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate. Any firearms transported pursuant to this section shall be transported in the manner specified in subsection g. of this section;

    (4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signalling device approved by the United States Coast Guard.

    g. All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk or other similar compartment of the [automobile] vehicle in which [it is] they are being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

    h. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any employee of a public utility, as defined in R.S.48:2-13, doing business in this State or any United States Postal Service employee, while in the actual performance of duties which specifically require regular and frequent visits to private premises, from possessing, carrying or using any device which projects, releases or emits any substance specified as being noninjurious to canines or other animals by the Commissioner of Health and which immobilizes only on a temporary basis and produces only temporary physical discomfort through being vaporized or otherwise dispensed in the air for the sole purpose of repelling canine or other animal attacks.

    The device shall be used solely to repel only those canine or other animal attacks when the canines or other animals are not restrained in a fashion sufficient to allow the employee to properly perform his duties.

    Any device used pursuant to this act shall be selected from a list of products, which consist of active and inert ingredients, permitted by the Commissioner of Health.

    i. Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.

    j. A person shall qualify for an exemption from the provisions of N.J.S.2C:39-5, as specified under subsections a. and c. of this section, if the person has satisfactorily completed a firearms training course approved by the Police Training Commission.

    Such exempt person shall not possess or carry a firearm until the person has satisfactorily completed a firearms training course and shall annually qualify in the use of a revolver or similar weapon. For purposes of this subsection, a "firearms training course" means a course of instruction in the safe use, maintenance and storage of firearms which is approved by the Police Training Commission. The commission shall approve a firearms training course if the requirements of the course are substantially equivalent to the requirements for firearms training provided by police training courses which are certified under section 6 of P.L.1961, c.56 (C.52:17B-71). A person who is specified in paragraph (1), (2), (3) or (6) of subsection a. of this section shall be exempt from the requirements of this subsection.

    k. Nothing in subsection d. of N.J.S.2C:39-5 shall be construed to prevent any financial institution, or any duly authorized personnel of the institution, from possessing, carrying or using for the protection of money or property, any device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or temporary identification.

    l. (1) The provisions of subsection b. of N.J.S.2C:39-5 shall not prohibit the possession of a handgun for which a permit to purchase was obtained or applied for pursuant to N.J.S.2C:58-3 prior to the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill); provided that the handgun is registered pursuant to section 16 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    (2) The provisions of subsection b. of N.J.S.2C:39-5 shall not prohibit the possession of a handgun which was lawfully acquired, purchased or possessed prior to the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill); provided that the owner has secured a certificate of ownership for that handgun pursuant to section 16 of P.L. , c. (C. )(now pending before the Legislature as this bill).

(cf: P.L.1993, c.246, s.2)

    4. 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, or sexual assault, 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] weapon other than a handgun is guilty of a crime of the fourth degree.

    If the person purchases, owns, possesses or controls a handgun, the person is guilty of a crime of the third degree.

    b. 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 or sexual assault, 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.

    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.1992, c.74, s.3)

    5. N.J.S.2C:39-9 is amended to read as follows:

    2C:39-9. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances. a. Machine guns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 is guilty of a crime of the third degree.

    b. Sawed-off shotguns. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun is guilty of a crime of the third degree.

    c. Firearm silencers. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree.

    d. Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, [or in the case of firearms if he is not licensed or registered to do so as provided in chapter 58,]is guilty of a crime of the fourth degree. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions, is guilty of a crime of the fourth degree.

    e. Defaced firearms. Any person who defaces any firearm is guilty of a crime of the third degree. Any person who knowingly buys, receives, disposes of or conceals a defaced firearm, except an antique firearm, is guilty of a crime of the fourth degree.

    f. (1) Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any bullet, which is primarily designed for use in a handgun, and which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and is therefore capable of breaching or penetrating body armor and which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel, is guilty of a crime of the fourth degree.

    (2) Nothing in this subsection shall be construed to prevent a licensed collector of ammunition as defined in paragraph (2) of subsection f. of N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of this subsection from (a) any licensed retail or wholesale firearms dealer's place of business to the collector's dwelling, premises, or other land owned or possessed by him, or (b) to or from the collector's dwelling, premises or other land owned or possessed by him to any gun show for the purposes of display, sale, trade, or transfer between collectors, or (c) to or from the collector's dwelling, premises or other land owned or possessed by him to any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice; provided that the club has filed a copy of its charter with the superintendent of the State Police and annually submits a list of its members to the superintendent, and provided further that the ammunition being transported shall be carried not loaded in any firearm and contained in a closed and fastened case, gunbox, or locked in the trunk of the automobile in which it is being transported, and the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

    g. Assault firearms. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of an assault firearm without being registered or licensed to do so pursuant to N.J.S.2C:58-1 et seq. is guilty of a crime of the third degree.

    h. Large capacity ammunition magazines. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel is guilty of a crime of the fourth degree.

    i. Handguns. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any handgun, in violation of P.L. , c. (C. )(now pending before the Legislature as this bill) is guilty of a crime of the third degree.

(cf: P.L.1990, c.32, s.3)

    6. N.J.S.2C:39-12 is amended to read as follows:

    2C:39-12. Voluntary surrender. a. No person shall be convicted of an offense under this chapter for possessing any firearms, weapons, destructive devices, silencers or explosives, if after giving written notice of his intention to do so, including the proposed date and time of surrender, he voluntarily surrendered the weapon, device, instrument or substance in question to the superintendent or to the chief of police in the municipality in which he resides, provided that the required notice is received by the superintendent or chief of police before any charges have been made or complaints filed against such person for the unlawful possession of the weapon, device, instrument or substance in question and before any investigation has been commenced by any law enforcement agency concerning the unlawful possession. Nothing in this section shall be construed as granting immunity from prosecution for any crime or offense except that of the unlawful possession of such weapons, devices, instruments or substances surrendered as herein provided.

    b. (1) Any person in lawful possession of a handgun prior to the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill) and whose possession is lawful after that effective date, may at any time surrender that handgun pursuant to the provisions of this section and shall be compensated in accordance with the provisions of subsection c. of this section.

    (2) Any person in lawful possession of one or more handguns prior to the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill), including but not limited to those in possession of handguns under the circumstances set forth in paragraph (1) of subsection e. of N.J.S.2C:39-6, and whose possession is unlawful after the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill), shall surrender that handgun pursuant to the provisions of subsection a. of this section prior to or on that effective date. Any person surrendering a handgun in this manner shall be compensated pursuant to the provisions of subsection c. of this section.

    (3) Any person in unlawful possession of a handgun prior to the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill) shall surrender that handgun pursuant to the provisions of subsection a. of this section but shall not be compensated pursuant to the provisions of subsection c. of this section. Nothing in this paragraph shall be construed as granting immunity from prosecution for any crime or offense except that of the unlawful possession of the handgun which is surrendered pursuant to this paragraph.

    (4) This subsection shall not apply to any manufacturer of handguns or any retail or wholesale dealer in handguns or the employees of any retail or wholesale dealer or manufacturer of handguns.

    c. Any person who surrenders any handgun pursuant to the provisions of paragraph (1) or (2) of subsection b. of this section shall be compensated in accordance with a schedule to be established by the superintendent.

    Regulations governing the surrender of handguns may be promulgated by the superintendent. These regulations may include modification of the written notice provisions of subsection a. of this section.

(cf: N.J.S.2C:39-12)

    7. N.J.S.2C:58-1 is amended to read as follows:

    2C:58-1. Registration of manufacturers and wholesale dealers of firearms. a. Registration. Every manufacturer and wholesale dealer of firearms shall register with the superintendent as provided in this section. No person shall engage in the business of, or act as a manufacturer or wholesale dealer of firearms, or manufacture or sell at wholesale any firearm, until he has so registered.

    Applications for registration shall be made on such forms as shall be prescribed by the superintendent, and the applicant shall furnish such information and other particulars as may be prescribed by law or by any rules or regulations promulgated by the superintendent. Each application for registration or renewal shall be accompanied by a fee of $150.00.

    The superintendent shall prescribe standards and qualifications for the registration of manufacturers and wholesalers of firearms, for the protection of the public safety, health and welfare. He shall refuse to register any applicant for registration unless he is satisfied that the applicant can be permitted to engage in business as a manufacturer or wholesale dealer of firearms without any danger to the public safety, health or welfare.

    The superintendent shall issue a certificate of registration to every person registered under this section, and such certificate shall be valid for a period of 3 years from the date of issuance.

    b. Wholesale dealer's agent. Every registered wholesale dealer of firearms shall cause each of his agents or employees actively engaged in the purchase or sale of firearms to be licensed with the superintendent as a wholesale dealer's agent. Applications for agents' licenses shall be submitted on such forms as shall be prescribed by the superintendent, and shall be signed by the registered wholesale dealer and by the agent. Each application shall be accompanied by a fee of $5.00, and each license shall be valid for so long as the agent or employee remains in the employ of the wholesale dealer and the wholesale dealer remains validly registered under this section. The superintendent shall prescribe standards and qualifications for licensed wholesale dealers' agents, for the protection of the public safety, health and welfare.

    c. Revocation of certificate of registration or license. The superintendent may, after reasonable notice to all affected parties and a hearing if requested, revoke any certificate of registration or agent's license if he finds that the registered or licensed person is no longer engaged in the business of manufacturing or wholesaling firearms in this State or that he can no longer be permitted to carry on such business without endangering the public safety, health or welfare. A certificate or license may be canceled at any time at the request of the registered or licensed person.

    d. Appeals. Any person aggrieved by the refusal of the superintendent to register him as a manufacturer or wholesale dealer or a wholesale dealer's agent, or by revocation of his certificate or license, may appeal to the Appellate Division of the Superior Court.

    e. Records of sales. Every manufacturer and wholesale dealer shall keep a detailed record of each firearm sold by him. The record shall include the date of sale, the name and address of the purchaser, a description of each firearm and the serial number thereof. The records shall be available for inspection at all reasonable times by any law enforcement officer.

    f. The superintendent may promulgate regulations setting forth reasonable limitations on the quantity of handguns possessed in this State by any manufacturer, wholesale dealer and wholesale dealer's agent and may prescribe the conditions under which those handguns are possessed.

(cf: N.J.S.2C:58-1)

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

    2C:58-2. Retailing of firearms. a. Licensing of retail dealers and their employees. No retail dealer of firearms nor any employee of a retail dealer shall sell or expose for sale, or possess with the intent of selling, any firearm unless licensed to do so as hereinafter provided. The superintendent shall prescribe standards and qualifications for retail dealers of firearms and their employees for the protection of the public safety, health and welfare.

    Applications shall be made in the form prescribed by the superintendent, accompanied by a fee of $50.00 payable to the superintendent, and shall be made to a judge of the Superior Court in the county where the applicant maintains his place of business. The judge shall grant a license to an applicant if he finds that the applicant meets the standards and qualifications established by the superintendent and that the applicant can be permitted to engage in business as a retail dealer of firearms or employee thereof without any danger to the public safety, health and welfare. Each license shall be valid for a period of 3 years from the date of issuance, and shall authorize the holder to sell firearms at retail in a specified municipality.

    In addition, every retail dealer shall pay a fee of $5.00 for each employee actively engaged in the sale or purchase of firearms. The superintendent shall issue a license for each employee for whom said fee has been paid, which license shall be valid for so long as the employee remains in the employ of said retail dealer.

    No license shall be granted to any retail dealer under the age of 21 years or to any employee of a retail dealer under the age of 18 or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person.

    All licenses shall be granted subject to the following conditions, for breach of any of which the license shall be subject to revocation on the application of any law enforcement officer and after notice and hearing by the issuing court:

    (1) The business shall be carried on only in the building or buildings designated in the license, provided that repairs may be made by the dealer or his employees outside of such premises.

    (2) The license or a copy certified by the issuing authority shall be displayed at all times in a conspicuous place on the business premises where it can be easily read.

    (3) No firearm or imitation thereof shall be placed in any window or in any other part of the premises where it can be readily seen from the outside.

    (4) No rifle or shotgun, except antique rifles or shotguns, shall be delivered to any person unless such person possesses and exhibits a valid firearms purchaser identification card and furnishes the seller, on the form prescribed by the superintendent, a certification signed by him setting forth his name, permanent address, firearms purchaser identification card number and such other information as the superintendent may by rule or regulation require. The certification shall be retained by the dealer and shall be made available for inspection by any law enforcement officer at any reasonable time.

    (5) No handgun shall be delivered to any person unless:

    (a) Such person possesses and exhibits a valid permit to purchase a firearm and at least 7 days have elapsed since the date of application for the permit;

    (b) The person is personally known to the seller or presents evidence of his identity; and

    (c) The handgun is unloaded and securely wrapped.

    (6) The dealer shall keep a true record of every handgun sold, given or otherwise delivered or disposed of, in accordance with the provisions of subsections b. through e. of this section.

    b. Records. Every person engaged in the retail business of selling, leasing or otherwise transferring a handgun, as a retail dealer or otherwise, shall keep a register in which shall be entered the time of the sale, lease or other transfer, the date thereof, the name, age, date of birth, complexion, occupation, residence and a physical description including distinguishing physical characteristics, if any, of the purchaser, lessee or transferee, the name and permanent home address of the person making the sale, lease or transfer, the place of the transaction, and the make, model, manufacturer's number, caliber and other marks of identification on such handgun and such other information as the superintendent shall deem necessary for the proper enforcement of this chapter. The register shall be retained by the dealer and shall be made available at all reasonable hours for inspection by any law enforcement officer.

    c. Forms of register. The superintendent shall prepare the form of the register as described in subsection b. of this section and furnish the same in triplicate to each person licensed to be engaged in the business of selling, leasing or otherwise transferring firearms.

    d. Signatures in register. The purchaser, lessee or transferee of any handgun shall sign, and the dealer shall require him to sign his name to the register, in triplicate, and the person making the sale, lease or transfer shall affix his name, in triplicate, as a witness to the signature. The signatures shall constitute a representation of the accuracy of the information contained in the register.

    e. Copies of register entries; delivery to chief of police or county clerk. Within 5 days of the date of the sale, assignment or transfer, the dealer shall deliver or mail by certified mail, return receipt requested, legible copies of the register forms to the office of the chief of police of the municipality in which the purchaser resides, or to the office of the captain of the precinct of the municipality in which the purchaser resides, and to the superintendent. If hand delivered, a receipt shall be given to the dealer therefor.

    Where a sale, assignment or transfer is made to a purchaser who resides in a municipality having no chief of police, the dealer shall, within 5 days of the transaction, mail a duplicate copy of the register sheet to the clerk of the county within which the purchaser resides.

    f. The superintendent may promulgate regulations setting forth reasonable limitations on the quantity of handguns possessed by any retail dealer and may prescribe the conditions under which those handguns are possessed.

(cf: P.L.1979, c.179, s.10)

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

    2C:58-3. Purchase of Firearms. 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 said 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 said certification shall be retained by the seller, as provided in [section 2C:58-2a.]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. After the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill), a handgun purchase permit shall be issued only to a person who qualifies for one or more of the exemptions set forth in paragraphs (2), (3), (4), (5), (6), (7) or (8) of subsection a. of N.J.S.2C:39-6; or of subsection c. of N.J.S.2C:39-6; or who is qualified to purchase a handgun pursuant to the provisions of section 13 or section 15 of P.L. , c. (C. )(now pending before the Legislature as this bill). No handgun purchase permit or firearms purchaser identification card shall be issued:

    (1) To any person who has been convicted of a crime, whether or not armed with or possessing a weapon at the time of such offense;

    (2) To any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2) and N.J.S.2C:35-2, 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 such 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;

    (5) To any person where the issuance would not be in the interest of the public health, safety or welfare; or

    (6) To any person who is subject to a court order issued pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29) prohibiting the person from possessing any firearm.

    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 such hearing by the judge of the Superior Court. No formal pleading and no filing fee shall be required as a preliminary to such hearing. Appeals from the results of such 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) and N.J.S.2C:35-2, 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 such 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 such 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 court order issued pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29) prohibiting the person from possessing any firearm, and such 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 such 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 $2.00, or the application for the firearms purchaser identification card together with a fee of $5.00, 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 said five days shall be an offense under [section 2C:39-10a] 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 such permit. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to such court at any time for the revocation of such 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] an 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, such 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, but 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. (1) 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 said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such 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 such 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 such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

    (2) After the effective date of P.L. , c. (now pending before the Legislature as this bill), no handgun, except as otherwise provided is paragraph (3) of this subsection, shall be passed upon the death of the owner thereof to his heir or legatee. Within 60 days of the issuance of a certificate of administration by the surrogate, the personal representative of the estate shall surrender the handgun to the superintendent or the chief law enforcement officer of the municipality wherein the deceased owner resided. If qualified under the provisions of paragraph (1) or (2) of subsection b. of N.J.S.2C:39-12, the estate shall be compensated in accordance with subsection c. of that section. Any personal representative of an estate who violates the provisions of this paragraph shall be subject to a fine of not more than $5,000. Any heir or legatee violating the provisions of this paragraph shall be guilty of a crime of the third degree.

    (3) In the case of a handgun which the superintendent has determined to be an antique or a collectible, commemorative, or curio, that handgun may be passed upon the death of the owner to his heir or legatee, whether by testamentary bequest or by the laws of intestacy. The person so receiving or acquiring that handgun shall be subject to all the provisions of this chapter. If the heir or legatee of that handgun does not qualify to possess it, he may retain ownership of it for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality wherein the heir or legatee resides or the superintendent, provided that the handgun is in the custody of the chief law enforcement officer 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 such a visual distress signalling device.

(cf: P.L.1991, c.261, s.19)

    10. Section 14 of P.L.1979, c.179 (C.2C:58-6.1) is amended to read as follows:

    14. Possession of firearms by minors; exceptions. a. No person under the age of 18 years shall purchase, barter or otherwise acquire a firearm.

    b. No person under the age of 18 years shall possess, carry, fire or use a firearm except under the following circumstances:

    (1) In the actual presence or under the direct supervision of his father, mother or guardian, or some other person who [holds a permit to] may lawfully carry a handgun or who holds a firearms purchaser identification card, as the case may be; or

    (2) For the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision; or

    (3) For the purpose of competition or target practice in and upon a firing range approved by the governing body of the municipality in which the range is located or the National Rifle Association and which is under competent supervision at the time of such supervision or target practice; or

    (4) For the purpose of hunting during the regularly designated hunting season, provided that he possesses a valid hunting license and has successfully completed a hunter's safety course taught by a qualified instructor or conservation officer and possesses a certificate indicating the successful completion of such a course.

    c. Notwithstanding any other provisions of law, any person under the age of 18 years who violates any provision of this section shall be adjudged delinquent.

(cf: P.L.1980, c.52, s.1)

    11. N.J.S.2C:64-6 is amended to read as follows:

    2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated and used in accordance with the provisions of this chapter.

    The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. Notwithstanding any other provision of law, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture.

    The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.

    b. For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), 10% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).

    c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, 5% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).

    d. Ten percent of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Handgun Surrender Compensation Fund established pursuant

to section 19 of P.L. , c. (C. )(now before the Legislature as this bill).

(cf: P.L.1993, c.227, s.1)

    12. (New section) a. Nothing contained in this chapter or in chapter 39 of Title 2C of the New Jersey Statutes shall be deemed to prohibit:

    (1) The lawful acquisition of a firearm by a bona fide museum or non-profit organization for purposes of public exhibition or preservation of a firearm as an historical curiosity.

    (2) The interstate transportation of a handgun through this State by persons not within the exemptions and circumstances set forth in N.J.S.2C:39-6 provided that:

    (a) Prior to transportation through this State such persons shall give written notification to the superintendent of the time and route to be utilized in transporting the handguns through this State; and

    (b) The handguns are carried unloaded and contained in a closed and fastened case, gunbox, securely tied package or locked in the trunk or similar compartment of the vehicle in which they are being transported; and

    (c) The course of travel through this State includes only those deviations as are reasonably necessary under the circumstances; and

    (d) The persons transporting the handguns through this State are residents of the United States and have not been denied a permit to carry or possess handguns under the laws of any state, district or territory thereof which has licensing requirements prohibiting the issuance of permits or licenses to persons who have been convicted of any offense in any jurisdiction which would be a crime under the law of this State.

    (3) The transportation of handguns in the course of commerce between the United States and another country or between two foreign countries through this State, provided that the handguns are transported in accordance with the provisions of subparagraphs (a), (b) and (c) of paragraph (2) of subsection a. of this section. A person transporting handguns in foreign commerce who would be subject to prosecution for possession of a handgun under the provisions of section 6 of P.L.1979, c.179 (C.2C:39-7) shall not be immune from prosecution because of the provisions of this section.

    b. Any person traveling through this State who possesses a handgun other than in accordance with the exemptions set forth in this section or otherwise specifically set forth in any other provision of this chapter of chapter 58 of this Title shall be subject to prosecution for violating any of the applicable provisions of this chapter and chapter 58 of Title 2C of the New Jersey Statutes.

    13. (New section) Notwithstanding any provision of chapter 39 or chapter 58 of this Title to the contrary, a member of a pistol club whose owner is licensed pursuant to the provisions of section 14 of P.L. , c. (C. )(now pending before the Legislature as this bill) may purchase a handgun for use at the pistol club provided that:

    a. The person has obtained a permit to purchase a handgun pursuant to the provisions of N.J.S.2C:58-3; and

    b. The person directs the retail dealer from whom the handgun is purchased to deliver the handgun directly to the pistol club where the handgun is to be maintained and stored.

    14. (New section) a. No owner of a pistol club shall accept a handgun for storage and maintenance from any member unless licensed to do so as hereinafter provided. The superintendent shall prescribe standards and qualifications for owners of pistol clubs for the protection of the public safety, health and welfare.

    Applications shall be made in the form prescribed by the superintendent, accompanied by a fee of $50 payable to the superintendent, and shall be made to a judge of the Superior Court in the county where the pistol club is located. The judge shall grant a license to an applicant if he finds that the applicant meets the standards and qualifications established by the superintendent and that the applicant can be permitted to operate a pistol club without any danger to the public safety, health and welfare. Each license shall be valid for a period of three years from the date of issuance, and shall authorize the holder to accept handguns for storage in a specified municipality.

    No license shall be granted to any person under the age of 21 years or to any person who could not qualify to obtain a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person.

    b. Licenses shall be granted subject to the following conditions:

    (1) The activities of the pistol club shall be carried on only in the building or at the location designated in the license.

    (2) The license or a copy certified by the issuing authority shall be displayed at all times in a conspicuous place on the premises where it can be easily read.

    (3) Handguns are stored and maintained in such a manner as to provide adequate security.

    Violators shall be subject to a revocation of their license upon the application of any law enforcement officer and after notice and hearing by the issuing court.

    c. Every owner of a pistol club accepting handguns for storage and maintenance shall keep a register in which shall be the name and address of each member storing a handgun and the make, model, manufacturer's number, caliber and other marks of identification on the handgun stored and such other information as the superintendent shall deem necessary for the proper enforcement of this section. The register shall be retained by the owner and shall be made available at all reasonable hours for inspection by any law enforcement officer.

    d. The superintendent may promulgate regulations setting forth reasonable limitations on the quantity of handguns stored at a pistol club and may prescribe the conditions under which those handguns are maintained.

    15. (New section) Notwithstanding the limitations imposed upon the purchasing and possessing of a handgun under N.J.S.2C:39-5 and N.J.S.2C:58-3, any person who has a justifiable need may purchase and possess a handgun for the purposes of subsection e. of N.J.S.2C:39-6.

    To qualify under this section, an applicant first shall apply to the chief law enforcement officer of the municipality wherein the applicant intends to possess the handgun in accordance with the provisions of subsection e. of N.J.S.2C:39-6, or to the superintendent, as the case may be. The application shall be in a form and manner prescribed by the superintendent, shall be signed by the applicant under oath, and shall be indorsed by three reputable persons who have known the applicant for at least three years preceding the date of application, and who shall certify thereon that the applicant is a person of good moral character and behavior. No application shall be approved by the chief law enforcement officer or the superintendent, as the case may be, unless the applicant demonstrates that he is not subject to any of the disabilities set forth in subsection c. N.J.S.2C:58-3 and that he has a justifiable need to purchase and possess a handgun for the purposes of subsection e. of N.J.S.2C:39-6. If the application is not acted upon by the chief law enforcement officer or the superintendent within 60 days of the date it was filed, it shall be deemed to have been approved, unless the applicant agrees to an extension of time in writing. The superintendent may establish a fee for the filing and processing of an application pursuant to this subsection; provided, however, the amount of the fee shall not exceed the actual cost incurred by the local law enforcement agency or the Division of State Police, as the case may be, in processing the application.

    c. If the application has been approved by the chief law enforcement officer or the superintendent, as the case may be, the applicant shall forthwith present it to the Superior Court of the county in which the applicant resides or, if different, the Superior Court of the county wherein he intends to possess the handgun. The court shall approve the application if, but only if, it is satisfied that the applicant is a person of good character who is not subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3 and that he has a justifiable need to purchase and possess a handgun for the purposes of subsection e. of N.J.S.2C:39-6. The court may establish a fee for the processing of an application pursuant to this subsection; provided, however, the amount of the fee shall not exceed the actual cost incurred by the court in processing the application.

    d. If the application has been approved by the Superior Court, the applicant may apply for a permit to purchase a handgun in accordance with the provisions of N.J.S.2C:58-3.

    e. Any person aggrieved by the denial by the chief law enforcement officer or the superintendent of approval of an application under subsection b. of this section may request a hearing in the Superior Court of the county in which he resides or, if different, in the county where his business is located, by filing a written request for such a hearing within 30 days of the denial. Copies of the request shall be served upon the superintendent, the county prosecutor and the chief law enforcement officer of the municipality where the applicant resides. The hearing shall be held within 30 days of the filing of the request, and no formal pleading or filing fee shall be required. Appeals from the determination at such a hearing shall be in accordance with law and the rules governing the courts of this State.

    If the superintendent or chief law enforcement officer approves an application and the Superior Court denies the application and refuses to issue a permit, the applicant may appeal such denial in accordance with law and the rules governing the courts of this State.

    16. (New section) a. The owner of a handgun shall secure a certificate of ownership for each handgun he possesses. To apply for a certificate of ownership, a handgun owner shall:

    (1) Complete a handgun certificate of ownership application, which shall be in a form prescribed by the superintendent;

    (2) Pay a $5 fee per application;

    (3) Produce a copy of the permit to purchase which was used to acquire the handgun; and

    (4) Demonstrate, in a manner prescribed by the superintendent, that the applicant is not subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3.

    The information on the application shall include, but not be limited to, the name and permanent address of the applicant; the number of the permit to purchase which the applicant used to acquire the handgun; and the make, model, manufacturer's number, caliber and other marks of identification on the handgun, if any. Each application shall be signed by the applicant, and the applicant's signature shall constitute a representation of the accuracy of the information contained in the application.

    A certification of ownership shall expire three years from the date of issuance and may be renewed thereafter in the same manner and subject to the same conditions as the original; provided, however, that the superintendent may provide that a portion of the first certificates issued under this subsection may expire in a period of less than three years in order to establish a balance among the number of certificates subject to renewal in each year thereafter. The superintendent may prorate the application fee for those certificates designated to expire in less than three years.

    b. In the case of a handgun owner who resides in a municipality with an organized full-time police department, the application for a certificate of ownership shall be submitted at the main office of that police department. In all other cases, the application shall be submitted at any State Police station.

    c. (1) Within 60 days of the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill), the superintendent shall prepare the form of the application required under subsection a. of this section and shall supply a suitable supply of those application forms to each organized full-time municipal police department and State Police station.

    (2) The superintendent shall establish a procedure under which an owner who is unable to produce a permit to purchase, as required under paragraph (3) of subsection a. of this section, may demonstrate that he lawfully possesses that handgun.

    d. One copy of each completed and approved application for a certification of ownership shall be returned to the owner of the handgun, a second copy shall be sent to the superintendent, and, if the application was processed by a municipal police department, a third copy shall be retained by that department.

    e. (1) A person who lawfully possesses a handgun on the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill) shall apply to secure a certificate of ownership for each such handgun he possesses within 120 days of that effective date.

    (2) Any person who, pursuant to paragraph (1) of subsection l. of N.J.S.2C:39-6 or section 13 or section 15 of P.L. , c. (C. )(now pending before the Legislature as this bill), acquires or purchases a handgun after the effective date of P.L. , c. (C. )(now pending before the Legislature as this bill) shall apply for a certification of ownership within 48 hours of taking possession of that handgun.

    f. Any person violating the provisions of this section shall be subject to the penalties set forth in N.J.S.2C:39-10.

    17. (New section) a. If at anytime a person who has been issued a certificate of ownership for a handgun becomes subject to any of the disabilities set forth in subsection c. of N.J.S.2C:58-3 or no longer has a justifiable need to possess a handgun as provided in section 15 of P.L. , c. (C. )(now pending before the Legislature as this bill), that handgun owner shall forthwith notify the superintendent. The notice shall be given in a manner and time prescribed by the superintendent.

    Within five days of becoming disqualified or no longer having a justifiable need to possess a handgun, the owner shall deliver each handgun he possesses, along with the permit to purchase and the certificate of ownership for each such handgun to the superintendent, a State Police station, or, if the municipality wherein he resides has an organized full-time police department, that police department. If the owner delivers the handguns, permits and certificates to a State Police station or a municipal police department, the trooper or officer receiving those handguns, permits, and certificates shall immediately notify the superintendent.

    Upon delivering the handguns, permits, and certificates, the disqualified owner may either:

    (1) Voluntarily surrender the handguns as provided in N.J.S.2C:39-12; or

    (2) Transfer ownership of the handguns to a person or firm lawfully entitled to acquire, purchase and possess a handgun.

    If the disqualified owner notifies the superintendent of his intent to transfer ownership of the handguns pursuant to paragraph (2) of this subsection, the disqualified owner may retain ownership of the handguns for a period not exceeding 60 days, or for such further limited period as may be approved by the superintendent, provided the handguns remain in the custody of the superintendent, the municipal police department, or the county prosecutor, as the superintendent may prescribe. If the disqualified owner shall fail to transfer ownership of the handguns within the period prescribed by the superintendent, the handguns shall be transferred to the county prosecutor for disposition pursuant to the provisions of N.J.S.2C:64-6.

    b. Any person violating the provisions of this section shall be subject to the penalties set forth in subsection b. of N.J.S.2C:39-5.

    18. (New section) Every case of a theft of a handgun shall be reported within 24 hours of the discovery of the theft to the police authorities of the municipality where the holder of handgun resides or to the State Police. Any person who fails to report the theft of a handgun as provided in this section is a disorderly person.

    19. (New section) There is created in the Department of Law and Public Safety a nonlapsing revolving fund to be known as the "Handgun Surrender Compensation Fund." This fund shall be the repository for moneys provided pursuant to subsection d. of N.J.S.2C:64-6 and shall be administered by the Attorney General. Moneys deposited in the fund and any interest earned thereon shall be used for the exclusive purpose of compensating owners who voluntarily surrender a handgun in accordance with the provisions of N.J.S.2C:39-12.

    20. (New section) The superintendent is directed to conduct and complete a Statewide public information campaign for the purpose of acquainting the general public with the provisions of P.L. , c. (C. )(now pending before the Legislature as this bill). In that campaign, the superintendent shall give special attention to the provisions of N.J.S.2C:39-12 concerning the surrender of handguns; the compensation available to handgun owners under the Handgun Surrender Compensation Fund; an owner's responsibility for securing a certificate of ownership for each handgun; the penalties for failing to secure a certificate of ownership for a handgun; and an owner's statutory obligation to report the theft of a handgun.

    21. This act shall take effect immediately.

STATEMENT

    This bill restricts the sale, importation, possession and carrying of handguns except by certain authorized persons. Antique handguns and handguns determined by the Superintendent of State Police to be collectibles, commemoratives or curios are exempted.

    Authorized persons would include those presently permitted to possess and carry handguns for work-related purposes, including law enforcement officers and members of the military. The bill also provides, however, that a homeowner or a storeowner may acquire and possess a handgun for self-protection if they can demonstrate a "justifiable need." In addition, members of licensed pistol clubs would be permitted to purchase handguns, but those handguns must be delivered to, and remain in the possession of, the club.

    An owner who lawfully possesses a handgun upon enactment of the bill will be allowed to retain the handgun, but must obtain a certificate of ownership for it. The certificate would remain valid for three years and then must be renewed. An individual who fails to secure a certificate of ownership for a handgun could be charged with a crime of the fourth degree, or possibly a crime of the third degree, for violating N.J.S.2C:39-10.

    If an owner for any reason becomes ineligible to lawfully possess a handgun, he is required to deliver it to the superintendent, a trooper at a State Police station, or an officer at a municipal police department within five days of losing his eligibility. The disqualified owner may either voluntarily surrender the handgun in accordance with N.J.S.2C:39-12 or attempt to sell the handgun to an individual who may lawfully purchase it. The bill grants a disqualified owner 60 days in which to sell the handgun, but specifies that during that period the handgun must remain in the custody of the superintendent, the municipal police, or the county prosecutor. If the disqualified owner is unable to sell the handgun during that period, the handgun becomes subject to the forfeiture provisions of N.J.S.2C:64-1 et seq. A disqualified owner who fails to turn in his handgun within the five day period would be guilty of a violation of subsection b. of N.J.S.2C:39-5. A violation of that subsection is a crime of the third degree and includes a mandatory term of imprisonment.

    Owners who surrender their handguns are eligible for compensation payments. Under the bill, ten percent of the proceeds derived from the forfeiture of cash and property seized in connection with illegal activities are to be deposited in a "Handgun Surrender Compensation Fund." The amount of compensation to be paid to owners who voluntarily surrender their handguns is to be set forth in a schedule developed by the superintendent.

    Finally, the bill provides that only antique handguns, or handguns that the superintendent has classified as collectible, commemorative, or curio may be passed on to an heir or legatee. In all other cases, the administrator of the estate must surrender the deceased owner's handgun to either the superintendent or the local chief of police. If qualified, the estate may be entitled to compensation from the "Handgun Surrender Compensation Fund" for the surrendered handgun.

Prohibits the sale, importation, possession and carrying of handguns except by certain authorized persons.