STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Senator SHIRLEY K. TURNER
District 15 (Mercer)
Requires newly manufactured handguns be micro-stamped.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain handguns, supplementing chapter 58 of Title 2C of the New Jersey Statutes and amending N.J.S.2C:39-10.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. No person registered or licensed by the superintendent as a manufacturer, wholesale dealer of firearms, retail dealer of firearms or agent or employee of a wholesale or retail dealer of firearms pursuant to the provisions of N.J.S.2C:58-2 shall transport into this State, sell, expose for sale, possess with the intent of selling, assign or otherwise transfer any handgun manufactured after the effective date of this act unless that handgun is designed and equipped with a microscopic array of characters that identify the make, model and serial number of that handgun. The characters shall be etched or otherwise imprinted onto the interior surface or internal working parts of the handgun in a manner to ensure their imprinting on each cartridge case when the handgun is fired.
b. In a manner and form prescribed by the Attorney General, a retail dealer shall notify the superintendent of each sale of a handgun designed and equipped with a microscopic array of characters in accordance with subsection a. of this section. The information provided by the retail dealer shall include, but not be limited to: the name and address of the purchaser or assignee; date and place of the sale; and make, model, manufacturer’s number and, caliber of the handgun. The superintendent shall establish and maintain a data base of the information received pursuant to this subsection.
2. N.J.S.2C:39-10 is amended to read as follows:
2C:39-10. Violation of the Regulatory Provisions Relating to Firearms; False Representation in Applications.
a. (1) Except as otherwise provided in paragraph (2) of this subsection, any person who knowingly violates the regulatory provisions relating to manufacturing or wholesaling of firearms (section 2C:58-1), retailing of firearms (section 2C:58-2) and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill)), permits to purchase certain firearms (section 2C:58-3), permits to carry certain firearms (section 2C:58-4), licenses to procure machine guns or assault firearms (section 2C:58-5), or incendiary or tracer ammunition (section 2C:58-10), except acts which are punishable under section 2C:39-5 or section 2C:39-9, is guilty of a crime of the fourth degree.
(2) A licensed dealer who knowingly violates the provisions of subparagraph (d) of paragraph (5) of subsection a. of N.J.S.2C:58-2 is a disorderly person.
b. Any person who knowingly violates the regulatory provisions relating to notifying the authorities of possessing certain items of explosives (section 2C:58-7), or of certain wounds (section 2C:58-8) is a disorderly person.
c. Any person who gives or causes to be given any false information, or signs a fictitious name or address, in applying for a firearms purchaser identification card, a permit to purchase a handgun, a permit to carry a handgun, a permit to possess a machine gun, a permit to possess an assault firearm, or in completing the certificate or any other instrument required by law in purchasing or otherwise acquiring delivery of any rifle, shotgun, handgun, machine gun, or assault firearm or any other firearm, is guilty of a crime of the third degree.
d. Any person who gives or causes to be given any false information in registering an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or in certifying that an assault firearm was rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) commits a crime of the fourth degree.
e. Any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person who is under the age of 18 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree. Notwithstanding any other provision of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum three-year term of imprisonment, during which the defendant shall be ineligible for parole.
f. Unless the recipient is authorized to possess the handgun in connection with the performance of official duties under the provisions of N.J.S.2C:39-6, any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a handgun to a person who is under the age of 21 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree.
(cf: P.L.2000, c.145, s.2)
3. This act shall take effect on the first day of the thirteenth month following enactment, provided, however, if the Attorney General determines that the technology necessary to effectuate the purposes of this act is not readily available to firearms manufacturers, the Attorney General shall so certify to the Governor and the Legislature and the act shall remain inoperative until the first day of the fourth month following the Attorney General’s certification to the Governor and Legislature that the necessary technology is available to firearms manufacturers, and further provided, the Attorney General may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
This bill would require that all newly manufactured handguns sold by licensed retail firearms dealers be micro-stamped.
Micro-stamping is a laser technology that can engrave or etch minute identifying characters or letters on small, even exceptionally small, objects or items. In the case of a handgun, these engravings or etchings would be placed on the firing pin of the handgun in a manner to ensure their imprinting on each cartridge case when the handgun is fired. The array of characters or imprints on the cartridge could then be utilized by law enforcement to identify the make, model and serial number of the handgun.
The bill requires licensed retail firearms dealers to report their handgun sales to the State Police. The information required in this report is substantially the same information these dealers currently record in a sales register they are statutorily required to maintain. The bill directs the State Police to establish and maintain this information in a data base.
A licensed retail firearms dealer who sells or transfers a handgun that is not micro-stamped would be guilty of a crime of the fourth degree, punishable by imprisonment for a term of up to 18 months, a fine of up two $10,000, or both.
If the Attorney General determines that the laser technology required to micro-stamp handguns is not available to firearms manufacturers, the provisions of the bill are to remain inoperative until that technology is available.