NJ> 2012 CCW Proposal (A-1493)


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Midwest
February 13, 2012, 08:03 AM
http://njgunforums.com/forum/index.php?/topic/32195-2012-ccw-proposal-a-1493/

A-1493 for the Assembly and S-104 for the Senate to propose revisions to securing a permit to carry a handgun for the 2012-2013 Session.

http://www.njleg.state.nj.us/bills/bills0001.asp

Since the link is FUBAR. Click the link, hit "Bills 2011-2013, then search by keyword... Bill A1493 is the reintroduction of the proposed bill A-1384 and S-69

A1493 Revises procedures for securing a permit to carry a handgun.
Law and Public Safety

S104 Is the Senate Version of the bill

Last Session Bill Number: S69
Carroll, Michael Patrick S69
Carroll, Michael Patrick as Primary Sponsor
DiMaio, John as Primary Sponsor
McHose, Alison Littell as Primary Sponsor
Chiusano, Gary R. as Co-Sponsor
Bucco, Anthony M. as Co-Sponsor

[url="http://www.njleg.state.nj.us/members/BIO.asp?Leg=297"]Rumana, Scott T. as Co-Sponsor


It was introduced under a new number this year 1/10/2012 and referred the Law and Public Safety Committee. I am unaware of any petitions going around, but ther should be some type of joint venture to attempt to express our voices to the legislature. As for the bill, it is the same bill as proposed in the previous S.69.

And for those that live in District 10 ( you can search your representatives on the sidebar to the left) For those living in:
Bay Head, Brick, Island Heights,Lakehurst, Lavallette, Manchester, Mantoloking, Point Pleasant Beach, Seaside Heights,Toms River

Republican Senator James W. Holzapfel happens to sit on the Law and Public Safety Committee charged with reviewing this bill. I would at least like to see a valiant effort by those in the area to call his offices and state your stance on S-104

Republican Assemblyman Gregory P. McGuckin is also on the assembly's Law and Public Safety Committee and represents District 10 and shares the same office with the Senator above. .....A-1493

852 Highway 70, Brick, NJ 08724
Phone: (732) 840-9028


(Reprinted with permission from njgunforums.com "With permission, I'd like to post this (in its entirety) in the Activism Section on THR."
" Posted Yesterday, 10:15 PM
*Granted* Please feel free to distribute to any medium that will spread the word of a bill proposed to further our 2A rights." )
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http://www.njleg.state.nj.us/2012/Bills/A1500/1493_I1.HTM



ASSEMBLY, No. 1493

STATE OF NEW JERSEY

215th LEGISLATURE



PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION





Sponsored by:

Assemblyman MICHAEL PATRICK CARROLL

District 25 (Morris and Somerset)

Assemblyman JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

Assemblywoman ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)



Co-Sponsored by:

Assemblymen Chiusano, A.M.Bucco and Rumana



SYNOPSIS

Revises procedures for securing a permit to carry a handgun.



CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel



An Act concerning crime, supplementing chapter 58 of Title 2C of the New Jersey Statutes, and amending N.J.S.2C:39-2, N.J.S.2C:58-3 and N.J.S.2C:58-4.



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



1. (New section) This act shall be known and may be cited as the "Citizens' Protection Act."



2. (New section) The Legislature finds that:



Whereas, The New Jersey Constitution provides that "all persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness"; and

Whereas, The Superior Court of New Jersey in 1978 ruled in Wuethrich v. Delia, that no public entity can be held liable for failure to provide police protection; and

Whereas, In 1994, 636 New Jersey residents were victims of car-jackers and these 636 victims were unable to make the personal choice to carry firearms for self-defense; and

Whereas, An analysis of the nation's 30 "right-to-carry" states has demonstrated that only three to five percent of the population actually obtain permits to carry a handgun, but 95 to 97 percent of the population benefits because those individuals who exhibit socially aberrant behavior do not know if their intended victim is armed; and

Whereas, The "right-to-carry" is a significant deterrent to crime, as indicated by the marked reduction in crime rates experienced in those states which afford their law-abiding citizens the "right-to-carry" compared to those states which do not; and

Whereas, Aggravated assaults, for example, are 19.4 percent lower in "right-to-carry" states; as are robberies (38.4 percent lower), homicides (37.9 percent lower), and handgun homicides (41.1 percent lower); and

Whereas, In California, where the "right-to-carry" is permitted in certain counties, a comparison of the crime rates in those counties with those which do not permit their law-abiding residents to carry handguns reveals lower crime rates in the "right-to-carry" counties; and

Whereas, The State of Florida has experienced lower crime rates since enacting its "right-to-carry" statute, as reflected in that state's 22 percent drop in homicides and 29 percent reduction in handgun homicides; and

Whereas, Cognizant of the unmistakable statistical evidence affirming the significant impact the "right-to-carry" has had in dramatically lowering crime rates in those states and jurisdictions where law-abiding citizens are permitted to carry handguns; and

Whereas, Recognizing the natural and unalienable rights accorded the citizens of this State by the New Jersey Constitution to defend their lives, protect their property, and pursue and obtain their safety and happiness.

The Legislature, therefore, declares that it is altogether fitting and proper, and within the public interest, to revise the statutes of this State governing the issuance of permits to carry handguns by enacting the provisions of this act, the "Crime Reduction Act," so that the law-abiding citizens of this State may exercise their natural and unalienable rights to provide for the defense, protection and safety of their families, property, and themselves by carrying a handgun, if they so choose.



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

2C:39-2. Presumptions a. Possession of firearms, weapons, destructive devices, silencers, or explosives in a vehicle. When a firearm, weapon, destructive device, silencer, or explosive described in this chapter is found in a vehicle, it is presumed to be in the possession of the occupant if there is but one. If there is more than one occupant in the vehicle, it shall be presumed to be in the possession of all, except under the following circumstances:

(1) When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone;

(2) When the vehicle is not a stolen one and the weapon or other instrument is found out of view in a glove compartment, trunk or other enclosed customary depository, it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the vehicle; and

(3) When the vehicle is a taxicab and a weapon or other instrument is found in the passenger's portion of the vehicle, it shall be presumed to be in the possession of all the passengers, if there are any, and if not, in the possession of the driver.

b. [Licenses and permits. When the legality of a person's conduct under this chapter depends on his possession of a license or permit or on his having registered with or given notice to a particular person or agency, it shall be presumed that he does not possess such a license or permit or has not registered or given the required notice, until he establishes the contrary.] (Deleted by amendment, P.L. c. )

(cf: P.L.1979,c.179,s.1)

4. 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., 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. No handgun purchase permit or firearms purchaser identification card shall be issued:

(1) To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), 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), 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 for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;

(5) [To any person where the issuance would not be in the interest of the public health, safety or welfare;] (Deleted by amendment, P.L. , c. ).

(6) To any person who is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm;

(7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C:2C:43-7.2); or

(8) To any person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned.

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), 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 restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et. seq.) 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. 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 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.

(Note: Due to limitations of the forum the rest of the text cannot fit in this post. Therefore go to the link to view the bill in its entirety).

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MagnumDweeb
February 13, 2012, 10:37 AM
I wish you all luck. If you all get the right-to-carry I'm sure it'll prove that 99.9% of the population is responsible honest law abiding people who won't cause there to be blood in the streets. And drive one more kick into the shin of the antis.

armoredman
February 13, 2012, 10:50 AM
If NJ gets a permit system that is actually fairly used and people actually GET permits, I will be convinced the tide has turned all the way in our favor. Good luck!

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