Drizzt
Member
ASSEMBLY, No. 3134
STATE OF NEW JERSEY
210th LEGISLATURE
INTRODUCED DECEMBER 16, 2002
Sponsored by:
Assemblywoman LORETTA WEINBERG
District 37 (Bergen)
Assemblyman ROBERT J. SMITH
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Johnson, Assemblywomen Quigley, Perez-Cinciarelli and Assemblyman Edwards
SYNOPSIS
Requires licensees in business of firearms repair to obtain ballistics identifiers before returning a rifle or handgun to its owner.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning firearms repair and supplementing chapter 58 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Other than a person licensed as a retail dealer of firearms or an employee of a retail dealer pursuant to N.J.S.2C:58-2, it shall be unlawful for any person:
a. To engage in the business of firearms repair or gun smithing; or
b. To acquire any firearms parts for the purpose of, or use in the business of, firearms repair or gun smithing.
2. A licensee, or his employee, as the case may be, shall keep a true and current record of each rifle or handgun received for repair or gun smithing services. The record, which shall be kept in the licensee's place of business, as designated in his retail license, shall be in bound book form and contain the following:
a. The name and address of the owner of the rifle or handgun;
b. Serial number, make, model, manufacturer's number, caliber and a copy of the ballistics identifier certification, if any;
c. The owner's firearms purchaser identification card number or the number of the owner's permit to purchase a handgun, as the case may be;
d. The name, address and retail dealer license number, if any, of the seller of the rifle or handgun;
e. The date and time the rifle or handgun was received for repair or gun smithing services, the licensee or employee who received the rifle or handgun and the date and time the rifle or handgun was returned to its owner; and
f. A description of the repairs or gun smithing services rendered, including a summary of the parts acquired and used in the repair or servicing of the rifle or handgun.
3. a. No rifle or handgun which has been repaired or upon which gun smithing services have been performed shall be returned by a licensee to its owner unless a ballistics identifier has been obtained for that firearm and made part of a qualified database established and maintained by the Superintendent of State Police pursuant to P.L. , c. (C. )(now pending before the Legislature as Assembly Bill No. 438 of 2002).
To obtain a ballistics identifier for a rifle or handgun, the licensee shall transport the rifle or handgun to a regional center where the State Police shall ascertain a ballistics identifier for the firearm. The cost of ascertaining each such ballistics identifier shall be borne by the State Police. To help defray the transportation and other administrative costs associated with obtaining such ballistics identifiers, a licensee shall receive $5 for each rifle and handgun processed by the State Police at a regional center.
The licensee shall receive a certification provided by the State Police stating that a ballistics identifier has been obtained for each such rifle and handgun and that the ballistics identifier has been made part of a qualified database. The licensee shall retain a copy of the certification for his records and, at the time the rifle or handgun is returned to its owner, deliver a copy to the firearm's owner.
b. Subsection a. of this section shall not apply:
(1) If a ballistics identifier for that particular rifle or handgun previously was obtained and made part of a qualified database; and
(2) If the nature of the repair or gun smithing service does not alter, modify or in any way change or affect the distinctive firing pin, ejection, extraction or land marks of the rifle or handgun.
4. a. The lawful owner of a rifle or handgun may repair or perform gun smithing services on that firearm, provided the owner obtains a ballistics identifier for that particular firearm and that the firearm's ballistics identifier is made part of a qualified database established and maintained by the Superintendent of State Police pursuant to P.L. , c. (C. )(now pending before the Legislature as Assembly Bill No. 438 of 2002).
To obtain a ballistics identifier for a rifle or handgun, the owner shall transport the rifle or handgun to a regional center where the State Police shall ascertain a ballistics identifier for that firearm. The cost of ascertaining each such ballistics identifier shall be borne by the State Police.
The owner shall receive a certification provided by the State Police stating that a ballistics identifier has been obtained for that particular rifle or handgun and that the firearm's ballistics identifier has been made part of a qualified database. The owner shall retain a copy for his records.
b. The provisions of subsection a. of this section requiring a person who repairs or performs gun smithing services on a rifle or handgun he lawfully owns to obtain a ballistics identifier for that rifle or handgun shall not apply:
(1) If a ballistics identifier for that particular rifle or handgun previously was obtained and made part of a qualified database; and
(2) If the nature of the repair or gun smithing service does not alter, modify or in any way change or affect the distinctive firing pin, ejection, extraction or land marks of the rifle or handgun.
5. The Attorney General, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall include, but not be limited to, a summary of the types of repairs and gun smithing services which are deemed to alter, modify or in any way change or affect the distinctive firing pin, ejection, extraction or land marks of a rifle or handgun and, therefore, warrant the obtaining of a new ballistics identifier for that particular rifle or handgun.
6. A person violating the provisions of this act is guilty of a crime of the fourth degree
7. A person who knowingly alters, modifies or in any way changes or affects the distinctive firing pin, ejection, extraction or land marks of a rifle or handgun for an unlawful purpose is guilty of a crime of the fourth degree.
8. This act shall take effect of the first day of the fourth month following enactment into law of P.L. , c. (C. )(now pending before the Legislature as Assembly Bill No. 438 of 2002).
STATEMENT
This bill would require licensed retail firearms dealers who are engaged in the business of gun smithing or firearms repair to obtain a ballistics identifier for each rifle or handgun they receive for gun smithing services or repair.
Under the provisions of the bill, the licensee is required to keep a record of the rifles and handguns received for gun smithing services or firearms repair. The record is to include the name and address of the firearm's owner; the make, model, caliber and manufacturer's number of the firearm; the owner's firearms purchaser identification card number or the permit number of his permit to purchase a handgun; the name, address and retail dealer number, if any, of the seller of the firearm; when the firearm was received for repair, by whom and when it was returned to the owner; and a summary of the gun smithing services or repairs to the firearm.
The bill would prohibit a licensee from returning any rifle or handgun to the owner until a ballistics identifier was obtained and made part of a qualified database maintained by the State Police. Licensees would be able to obtain these ballistics identifiers by transporting the rifle or handgun to a State Police regional center. The cost of the ballistics identifier determination is to be borne by the State Police. To defray some of the transportation and administrative costs, a licensee is to receive $5 for each rifle or handgun he brings to the State Police for ballistics identification.
A licensee does not need to obtain a ballistics identifier if the rifle or handgun he as repaired or serviced already has a ballistics identifier which has been made part of a qualified database and the repair or service in no way modified, changed or otherwise affected the distinctive firing pin, ejection, extraction or land marks of that rifle or handgun.
The bill permits lawful owners to repair or perform gun smithing service on their own rifles and handguns. These owners are required to obtain ballistic identifiers for the firearms they repair, unless they already have obtained a ballistics identifier which has been made part of a qualified database and the repair or service in no way modified, changed or otherwise affected the distinctive firing pin, ejection, extraction or land marks of that rifle or handgun.
Violators of the bill's provisions are guilty of a crime of the fourth degree.
The bill also provides that any person who knowingly alters, modifies, changes or otherwise affects the distinctive firing pin, ejection, extraction or land marks of a rifle or handgun for an unlawful purpose is guilty of a crime of the fourth degree.
A crime of the fourth degree is punishable by a fine of up to $10,000; imprisonment for a term or up to 18 months; or both.
STATE OF NEW JERSEY
210th LEGISLATURE
INTRODUCED DECEMBER 16, 2002
Sponsored by:
Assemblywoman LORETTA WEINBERG
District 37 (Bergen)
Assemblyman ROBERT J. SMITH
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Johnson, Assemblywomen Quigley, Perez-Cinciarelli and Assemblyman Edwards
SYNOPSIS
Requires licensees in business of firearms repair to obtain ballistics identifiers before returning a rifle or handgun to its owner.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning firearms repair and supplementing chapter 58 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Other than a person licensed as a retail dealer of firearms or an employee of a retail dealer pursuant to N.J.S.2C:58-2, it shall be unlawful for any person:
a. To engage in the business of firearms repair or gun smithing; or
b. To acquire any firearms parts for the purpose of, or use in the business of, firearms repair or gun smithing.
2. A licensee, or his employee, as the case may be, shall keep a true and current record of each rifle or handgun received for repair or gun smithing services. The record, which shall be kept in the licensee's place of business, as designated in his retail license, shall be in bound book form and contain the following:
a. The name and address of the owner of the rifle or handgun;
b. Serial number, make, model, manufacturer's number, caliber and a copy of the ballistics identifier certification, if any;
c. The owner's firearms purchaser identification card number or the number of the owner's permit to purchase a handgun, as the case may be;
d. The name, address and retail dealer license number, if any, of the seller of the rifle or handgun;
e. The date and time the rifle or handgun was received for repair or gun smithing services, the licensee or employee who received the rifle or handgun and the date and time the rifle or handgun was returned to its owner; and
f. A description of the repairs or gun smithing services rendered, including a summary of the parts acquired and used in the repair or servicing of the rifle or handgun.
3. a. No rifle or handgun which has been repaired or upon which gun smithing services have been performed shall be returned by a licensee to its owner unless a ballistics identifier has been obtained for that firearm and made part of a qualified database established and maintained by the Superintendent of State Police pursuant to P.L. , c. (C. )(now pending before the Legislature as Assembly Bill No. 438 of 2002).
To obtain a ballistics identifier for a rifle or handgun, the licensee shall transport the rifle or handgun to a regional center where the State Police shall ascertain a ballistics identifier for the firearm. The cost of ascertaining each such ballistics identifier shall be borne by the State Police. To help defray the transportation and other administrative costs associated with obtaining such ballistics identifiers, a licensee shall receive $5 for each rifle and handgun processed by the State Police at a regional center.
The licensee shall receive a certification provided by the State Police stating that a ballistics identifier has been obtained for each such rifle and handgun and that the ballistics identifier has been made part of a qualified database. The licensee shall retain a copy of the certification for his records and, at the time the rifle or handgun is returned to its owner, deliver a copy to the firearm's owner.
b. Subsection a. of this section shall not apply:
(1) If a ballistics identifier for that particular rifle or handgun previously was obtained and made part of a qualified database; and
(2) If the nature of the repair or gun smithing service does not alter, modify or in any way change or affect the distinctive firing pin, ejection, extraction or land marks of the rifle or handgun.
4. a. The lawful owner of a rifle or handgun may repair or perform gun smithing services on that firearm, provided the owner obtains a ballistics identifier for that particular firearm and that the firearm's ballistics identifier is made part of a qualified database established and maintained by the Superintendent of State Police pursuant to P.L. , c. (C. )(now pending before the Legislature as Assembly Bill No. 438 of 2002).
To obtain a ballistics identifier for a rifle or handgun, the owner shall transport the rifle or handgun to a regional center where the State Police shall ascertain a ballistics identifier for that firearm. The cost of ascertaining each such ballistics identifier shall be borne by the State Police.
The owner shall receive a certification provided by the State Police stating that a ballistics identifier has been obtained for that particular rifle or handgun and that the firearm's ballistics identifier has been made part of a qualified database. The owner shall retain a copy for his records.
b. The provisions of subsection a. of this section requiring a person who repairs or performs gun smithing services on a rifle or handgun he lawfully owns to obtain a ballistics identifier for that rifle or handgun shall not apply:
(1) If a ballistics identifier for that particular rifle or handgun previously was obtained and made part of a qualified database; and
(2) If the nature of the repair or gun smithing service does not alter, modify or in any way change or affect the distinctive firing pin, ejection, extraction or land marks of the rifle or handgun.
5. The Attorney General, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall include, but not be limited to, a summary of the types of repairs and gun smithing services which are deemed to alter, modify or in any way change or affect the distinctive firing pin, ejection, extraction or land marks of a rifle or handgun and, therefore, warrant the obtaining of a new ballistics identifier for that particular rifle or handgun.
6. A person violating the provisions of this act is guilty of a crime of the fourth degree
7. A person who knowingly alters, modifies or in any way changes or affects the distinctive firing pin, ejection, extraction or land marks of a rifle or handgun for an unlawful purpose is guilty of a crime of the fourth degree.
8. This act shall take effect of the first day of the fourth month following enactment into law of P.L. , c. (C. )(now pending before the Legislature as Assembly Bill No. 438 of 2002).
STATEMENT
This bill would require licensed retail firearms dealers who are engaged in the business of gun smithing or firearms repair to obtain a ballistics identifier for each rifle or handgun they receive for gun smithing services or repair.
Under the provisions of the bill, the licensee is required to keep a record of the rifles and handguns received for gun smithing services or firearms repair. The record is to include the name and address of the firearm's owner; the make, model, caliber and manufacturer's number of the firearm; the owner's firearms purchaser identification card number or the permit number of his permit to purchase a handgun; the name, address and retail dealer number, if any, of the seller of the firearm; when the firearm was received for repair, by whom and when it was returned to the owner; and a summary of the gun smithing services or repairs to the firearm.
The bill would prohibit a licensee from returning any rifle or handgun to the owner until a ballistics identifier was obtained and made part of a qualified database maintained by the State Police. Licensees would be able to obtain these ballistics identifiers by transporting the rifle or handgun to a State Police regional center. The cost of the ballistics identifier determination is to be borne by the State Police. To defray some of the transportation and administrative costs, a licensee is to receive $5 for each rifle or handgun he brings to the State Police for ballistics identification.
A licensee does not need to obtain a ballistics identifier if the rifle or handgun he as repaired or serviced already has a ballistics identifier which has been made part of a qualified database and the repair or service in no way modified, changed or otherwise affected the distinctive firing pin, ejection, extraction or land marks of that rifle or handgun.
The bill permits lawful owners to repair or perform gun smithing service on their own rifles and handguns. These owners are required to obtain ballistic identifiers for the firearms they repair, unless they already have obtained a ballistics identifier which has been made part of a qualified database and the repair or service in no way modified, changed or otherwise affected the distinctive firing pin, ejection, extraction or land marks of that rifle or handgun.
Violators of the bill's provisions are guilty of a crime of the fourth degree.
The bill also provides that any person who knowingly alters, modifies, changes or otherwise affects the distinctive firing pin, ejection, extraction or land marks of a rifle or handgun for an unlawful purpose is guilty of a crime of the fourth degree.
A crime of the fourth degree is punishable by a fine of up to $10,000; imprisonment for a term or up to 18 months; or both.
