A4283

An Act concerning body armor 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. a. It shall be unlawful for a person to purchase or otherwise take possession of body armor, unless the person meets the eligibility criteria set forth in subsection c. of this section. A first offense of unlawful purchase of body armor is a disorderly persons offense. A second or subsequent offense of unlawful purchase of body armor is a crime of the fourth degree.

b. (1) It shall be unlawful for a person to sell, exchange, give, transfer, or otherwise dispose of body armor to a person who the seller knows or reasonably should know does not meet the eligibility criteria set forth in subsection c. of this section. A first offense of unlawful sale of body armor is a disorderly persons offense. A second or subsequent offense of unlawful sale of body armor is a crime of the fourth degree.

(2) It shall be unlawful for a person to sell, exchange, give, transfer, or otherwise dispose of body armor to a person, unless the transaction is conducted in person to effect delivery of the body armor. The provisions of this paragraph shall not apply to purchases made by a State or local government entity for the purpose of furnishing body armor to eligible employees.

(3) A person who violates the provisions of paragraphs (1) or (2) of this subsection shall be subject to a civil penalty of up to $5,000 for a first offense and up to $10,000 for a second or subsequent offense. The civil penalty imposed may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.

c. The Attorney General shall promulgate guidelines establishing eligibility criteria for persons permitted to purchase or otherwise take possession of body armor. Eligible persons shall include law enforcement officers; persons engaged in active duty military service; persons whose duties of employment expose them to serious bodily injury that may be prevented or mitigated by the use of body armor, as determined by the Attorney General; and any other persons meeting eligibility criteria established by the Attorney General. The guidelines also shall provide:

(1) a process by which a person or entity may request to be included as a permitted purchaser of body armor; and

(2) a process by which a person or entity may present proof of eligibility to purchase body armor.

d. For the purposes of this section, “body armor” means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.

2. This act shall take effect on the first day of third month next following the date of enactment, except that the Attorney General may take any anticipatory action as deemed necessary to effectuate the provisions of this act.

STATEMENT

This bill prohibits the purchase of body armor except by persons who meet certain eligibility criteria, and prohibits the sale of body armor to persons who do not meet the criteria.

Under the bill, it is unlawful for a person to purchase or otherwise take possession of body armor unless the person meets the eligibility criteria established by the bill. The bill provides that a first offense of unlawful purchase of body armor is a disorderly persons offense and a second or subsequent offense is a crime of the fourth degree. The bill further provides that it is unlawful for a person to sell, exchange, give, transfer, or otherwise dispose of body armor to a person who the seller knows or reasonably should know is ineligible to purchase body armor. The bill provides that a first offense of unlawful sale of body armor is a disorderly persons offense and a second or subsequent offense is a crime of the fourth degree. The unlawful sale of body armor also would carry a civil penalty of up to $5,000 for a first offense and up to $10,000 for a second or subsequent offense.

The bill additionally provides that it is unlawful for a person to sell, exchange, give, transfer, or otherwise dispose of body armor to another person unless the transaction between the purchaser and seller to effect delivery of the body armor is in person. A violation of this provision would carry a civil penalty of up to $5,000 for a first offense and up to $10,000 for a second or subsequent offense. Under the bill, there is an exception to the in-person sale requirement for purchases made by a State or local government entity for the purpose of furnishing body armor to eligible employees.

The bill directs the Attorney General to promulgate guidelines establishing eligibility criteria for persons permitted to purchase or otherwise take possession of body armor. Eligible persons are to include law enforcement officers; persons engaged in active duty military service; persons whose duties of employment expose them to serious bodily injury that may be prevented or mitigated by the use of body armor, as determined by the Attorney General; and any other persons meeting eligibility criteria established by the Attorney General. The guidelines additionally are required to provide:

(1) a process by which a person or entity may request to be included as a permitted purchaser of body armor; and

(2) a process by which a person or entity may present proof of eligibility to purchase body armor.

The bill defines “body armor” as any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.

A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.