S2635

An Act providing a gross income tax credit for the completion of a firearms education program and supplementing Title 54A of the New Jersey Statutes.

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

1. a. A taxpayer who successfully completes a firearms education program shall be allowed a credit against the tax otherwise due pursuant to the “New Jersey Gross Income Tax Act,” N.J.S.54A:1-1 et seq., in an amount equal to the unreimbursed amount paid in the taxable year for the firearms education program. A taxpayer who presents to the Superintendent of the State Police evidence of equivalent experience with a firearm through military service, or is licensed to carry a firearm in this State pursuant to N.J.S.2C:58-4, unless such license has been revoked for cause, shall be allowed a credit.

b. The order of priority of the application of the credit allowed pursuant to this section and any other credits allowed pursuant to N.J.S.54A:1-1 et seq. for a taxable year shall be as prescribed by the director. The amount of the credit applied under this section against the tax imposed for a taxable year, together with any other credits allowed by law, shall not reduce the tax liability to an amount less than zero. No taxpayer shall be allowed to claim the tax credit permitted under this section more than once in their lifetime.

c. Tax credits shall be allowed for the taxable year in which a firearms education program was successfully completed. When filing a tax return that includes a claim for a credit allowed pursuant to this section the taxpayer shall provide such information as required by the director to determine the taxpayer’s eligibility for a credit.

d. The amount of credit otherwise allowable under this section which cannot be claimed for the taxable year by a taxpayer may be carried forward for use in the taxable year next following the taxable year for which a portion of the credit is claimed.

e. As used in this act:

“Firearms education program” means any firearms education program approved by the Superintendent of the State Police, which program shall include, but not be limited to, the following: a firearms safety or training course offered by the National Rifle Association; any firearms safety or training course or class available to the general public offered by a law enforcement organization, junior college, college, university, or firearms training school; and any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies or any division or subdivision of law enforcement or security enforcement. For purposes of this subsection, a firearms education
program shall consist of at least eight program hours.

f. The Director of the Division of Taxation in the Department of the Treasury, in consultation with the Superintendent of the State Police, shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

2. This act shall take effect immediately and shall apply to taxable years beginning on or after the January 1 next following enactment.

STATEMENT

This bill establishes a gross income tax credit for a taxpayer who successfully completes a firearms education program approved by the Superintendent of the State Police. The credit would be equal to the unreimbursed amount paid by a taxpayer for the firearms education program. A taxpayer who presents to the superintendent evidence of equivalent experience with a firearm through military service, or is licensed to carry a firearm in New Jersey would also be eligible for a tax credit.

Only taxpayers who successfully complete a firearms education program approved by the Superintendent of the State Police are eligible to receive a tax credit. Under the bill, a firearms education program includes any firearms safety or training course offered by the National Rifle Association, any firearms safety or training course or class available to the general public offered by a law enforcement organization, junior college, college, university, or firearms training school, and any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies or any division or subdivision of law enforcement or security enforcement.

The bill provides that a taxpayer may not receive the tax credit more than once in their lifetime. Tax credits may be awarded to the taxable year in which a firearms education program was successfully completed. A taxpayer may carry forward any unused portion of the tax credit for use in the next taxable year.