NJ Department of Law & Public Safety

921(a)(17)(A). The definition of "person" has been amended to refer to "any natural person," as provided in N.J.S.A. 2C:1-14(g). Another amendment to N.J.A.C. 13:54-1.2 incorporates the Attorney General's Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws dated August 19, 1996 regarding the "Substantially Identical" provision in the State's assault firearms laws found at N.J.S.A. 2C:39-1(w)(2). This amendment would serve to clarify the definition of an assault firearm. Other amendments to N.J.A.C. 13:54-1.2 provide that the Colt Match Target Rifle and the modified Springfield M1A are not considered assault firearms as defined by the State's assault firearms laws. These amendments also serve to clarify the State's assault firearms laws. Further amendments to N.J.A.C. 13:54-1.2 provide that the definition of the Firearms Purchaser Identification Card number is synonymous with the State Bureau of Identification (SBI) number and further define the meaning of "NICS" (National Instant Criminal Background Check). These definitions are needed to clarify the process for applying for permits to purchase firearms and for the purchase of firearms. N.J.A.C. 13:54-1.2 is amended to clarify that the definition of a large capacity ammunition magazine does not include an ammunition magazine that has been permanently altered so that it is not capable of holding more than 15 rounds of ammunition. The definition is further amended to include an ammunition magazine which has been temporarily blocked from holding more than 15 rounds, as by a piece of wood or a pin. The New Jersey Supreme Court has determined that in N.J.S.A. 2C:39-1f, the term firearm was defined "not in terms of operability, but in terms of what the weapon was designed to do." See State v. Gantt, 101 N.J. 573, 583 (1986). A device no longer retains the characteristics of a firearm when "it has undergone such substantial alteration or mutilation that the instrument has completely and permanently lost the characteristics of a real gun." Id. At 590 (emphasis added). Based on the plain language of the statute and case law, the amendment modifies the definition of a "large capacity ammunition magazine" by inserting the word "permanently" in between "been" and "altered." The State recognizes that some of its representatives may have provided informal advice to the effect that an ammunition magazine may be temporarily blocked to hold no more than 15 rounds; however, the Attorney General has never expressly adopted this position. To the contrary, through the promulgation of this regulation, the State expressly rejects that interpretation of the statute. Any person who currently owns or possesses an ammunition magazine which has been temporarily blocked from holding more than 15 rounds is hereby advised that he or she may retain possession of that ammunition magazine until the effective date of this amendment, that is, the date the notice of its adoption by the Division of State Police is published by the Office of Administrative Law in the New Jersey Register, see N.J.A.C. 1:30-6.6. During this time period, a person who owns or possesses an ammunition magazine which has been temporarily blocked from holding more than 15 rounds shall either: (1) transfer such ammunition magazine to any person or firm lawfully entitled to own or possess a large capacity ammunition magazine; (2) render such ammunition magazine permanently incapable of holding more than 15 rounds; or (3) voluntarily surrender the ammunition magazine pursuant to the provisions of N.J.S.A. 2C:39-12. After the effective date of this amendment, a person who owns or possesses an ammunition magazine which has been temporarily blocked from holding more than 15 rounds shall voluntarily surrender the ammunition magazine pursuant to the provisions of N.J.S.A. 2C:39-12 or risk prosecution for unlawful possession of a large capacity magazine pursuant to N.J.S.A. 2C:39-3(j). Finally, N.J.A.C. 13:54-1.2 has been amended to include a definition of "pistol grip" and "semi-automatic." These definitions are identical to those contained in N.J.S.A. 2C:39-1(z) and (x), respectively. Specifically, "pistol grip" has been defined to mean a well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand, and "semi-automatic" has been defined to mean a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge or bullet. The amendments to N.J.A.C. 13:54-1.3 add a subsection (d), which clarifies that the subsection does not apply to the transfer, receipt or acquisition of a firearm which is otherwise lawful under N.J.S.A. 2C:58-3(l), 2C:58-3.1, 2C:58-3.2 or 2C:58-6.1(b). The amendments to N.J.A.C. 13:54-1.3 also add a subsection (e), which sets forth the longstanding position of the Division of State Police and the Attorney General that N.J.S.A. 2C:58-3, which requires that a permit to purchase a handgun be secured prior to the transfer of a handgun, does not apply to armored car companies which provide company-purchased and owned handguns to the guards in their employ for use on company business, provided certain conditions apply. The amendment to N.J.A.C. 13:54-1.4(a) states that the STS-33 form may also be obtained from licensed retail dealers, see N.J.S.A. 2C:58-3(e), and N.J.A.C. 13:54-1.4(d) is amended to update the designated form number for the consent for a mental health records search from STS1 to SP66. N.J.A.C. 13:54-1.4 has been amended to reflect the deletion of the text "in the case of an identification card or STS33A in the case of a permit to purchase. The amendments to N.J.A.C. 13:54-1.11(b), 2.4(e), 3.3(b), 3.3(d), 3.10(c), 3.10(d), 4.3(c), 4.4(b), 4.9(a) and 4.9(b) also update the designated form number for the consent for a mental health records search from STS1 to SP66. The amendment to N.J.A.C. 13:54-1.5(a) requires that an individual must be 21 years of age to purchase a handgun. This language is necessary due to statutory changes in New Jersey Statutes Title 2C, Chapters 39 and 58. The amendment also adds N.J.A.C. 13:54-1.5(b)9 and 10, in accordance with N.J.S.A. 2C:58-3(c)(6) and (7). N.J.A.C. 13:54-1.5(b) has been amended to include additional prohibitions on the issuance of a firearms purchaser identification card. N.J.A.C. 13:54-1.5(b)9 prohibits issuance to individuals under a court order pursuant to N.J.S.A. 2C:25-29. N.J.A.C. 13:54-1.5(b)10 prohibits issuance to any individual who was adjudicated delinquent as a juvenile for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession. The amendment to N.J.A.C. 13:54-1.7(b) makes the regulation conform to the statutory language in N.J.S.A. 2C:58-3(f). The amendment to N.J.A.C. 13:54-1.10(a) makes the regulation conform to the statutory language in N.J.S.A. 2C:58-3(f). The amendments to N.J.A.C. 13:54-1.12(a) and (b) add the term "duplicate firearms purchaser identification card" to the paragraph regarding the appeal process for individuals denied firearms permits. N.J.A.C. 13:54-1.13(a) has been amended to more closely conform to the statutory language in N.J.S.A. 2C:58-3(j). The phrase "transfer, receipt or" has been added before the word "acquisition" in the first line. Further, the language clarifies requirements for the passing of a firearm upon the death of an owner to the heir or legatee whether by testamentary bequest or the laws of intestacy. N.J.A.C. 13:54-1.15, which provides for the confidentiality of records, was amended effective November 2, 1992 to clarify which records were deemed to be confidential. Thereafter, in August 1994, the rule was declared invalid by the Appellate Division, see Southern New Jersey Newspapers v. Township of Mount Laurel, 275 N.J. Super. 465 (App. Div. 1994), modified 141 N.J. 56 (1995), as outside the statutory authority of the Superintendent to adopt. The rule was repealed and a new rule adopted under the authority of the Attorney General on April 7, 1995. The new rule became effective on May 1, 1995. Subchapter 2 sets forth the requirements and procedures for the issuance, renewal and revocation of permits to carry handguns. The amendment to N.J.A.C. 13:54-2.4(b) adds the word "and" after each paragraph. The amendment also deletes paragraph (b)3 and recodifies paragraph (a)4 as (a)3. These amendments will ensure the proper training of applicants applying for permits to carry handguns. The amendment to N.J.A.C. 13:54-2.4(c) modifies the subsection and removes information made irrelevant by the proposed amendments to N.J.A.C. 13:54- 2.4(b). In N.J.A.C. 13:54-2.4(d), the word "justifiable" has been added before the word "need" and the phrase "to carry a handgun" follows. These amendments are made to conform to the statutory language in N.J.S.A. 2C:58-4(c). The reference to the permit fee has been deleted from N.J.A.C. 13:54- 2.4(e). In accordance with N.J.S.A. 2C:58-4(d), the permit fee is required to be paid at the time of the issuance of the permit and is not to be included in the list of submissions required along with the application. In N.J.A.C. 13:54-2.4(e)1 the phrase "full-time police department" has been amended to "chief police officer" to mirror the language in N.J.S.A. 2C:58-4(c). The provision in N.J.A.C. 13:54-2.5 concerning forwarding the approved application to the Superior Court has been amended to conform to the statutory language in N.J.S.A. 2C:58-4(d) which requires that once an application has been approved by the chief police officer or the superintendent, the applicant shall present it to the Superior Court forthwith. N.J.A.C. 13:54-2.7 has been modified to remove language which is intrusive on the exercise of judicial discretion. It has also been amended to clarify that it is the permittee's burden to supply the Superintendent with a copy of the permit to carry a handgun, and that the permittee shall do so within 30 days of permit issuance or re-issuance. N.J.A.C. 13:54-2.8 has been amended to conform to the statutory language in N.J.S.A. 2C:58-4(e) and to eliminate unnecessary language relating to the filing of appeals from determinations by the New Jersey Superior Court, Law Division. N.J.A.C. 13:54-2.10 has been amended to include the phrase "or any applicable law" after the reference to N.J.A.C. 13:54-2.3. Subchapter 3 prescribes requirements for issuance of licenses to retail dealers for the retail sale of firearms, retail sale of ammunition, gunsmithing and the requirements for issuance of licenses to employees of such dealers. The amendment to N.J.A.C. 13:54-3.3(d) changes the term "block number 29" to the term "the space provided." The amendment also requires a Criminal History Records Check, form SBI 212A, be completed and submitted with the appropriate fee for all dealer employees who have a firearms purchaser identification card. N.J.A.C. 13:54-3.4(a) has been amended to conform to the statutory language in N.J.S.A. 2C:58-2(a), which prohibits the issuance of a license to any retail dealer under 21 years of age or to any employee of a retail dealer who is under 18 years of age or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card. It also prohibits the issuance of a license to any corporation, partnership or other business interest in which actual or equitable controlling interest is held by such an ineligible person. The current N.J.A.C. 13:54-3.4(f) (recodified as (e)) has been amended to provide that after the issuance of the initial permit, a retail dealer has a continuing obligation to remain in compliance with local zoning requirements and to notify the Superintendent within 48 hours of receiving written notice from the local zoning official or other competent authority that he or she is not in compliance with such local zoning requirements. N.J.A.C. 13:54-3.6 has been amended to exclude from the personal data exception for public corporations any officer or director who possesses an actual or equitable controlling interest. If such person is ineligible, then the corporation is ineligible. See N.J.S.A. 2C:58-2(a). N.J.A.C. 13:54-3.7(c) has been deleted because it contains language which is intrusive on the exercise of judicial discretion. N.J.A.C. 13:54-3.8 has been amended to allow the Superintendent, in the exercise of his or her discretion, to allow a person who timely files a proper application for renewal of a retailer dealer license to continue operations authorized by the expired license for no more than 180 days from the date of expiration or until the application is finally acted upon by the Superior Court, whichever occurs first. The amendment provides for the continuity of business while an application for renewal is pending. N.J.A.C. 13:54-3.9(a) has been amended to conform to the statutory language in N.J.S.A. 2C:58-2a. All licenses issued are subject to the listed conditions, the breach of any of which may result in license revocation. Revocation may occur on the application of any law enforcement officer and after notice and hearing by the issuing court. N.J.A.C. 13:54-3.9(a)5iv has been added to conform to the statutory language in N.J.S.A. 2C:58-2a(5)(d) and places another restriction or the delivery of a handgun to any person. Specifically, the handgun must be accompanied by a trigger lock or a locked case, gun box, container or other secure facility. Although this provision does not apply to antique handguns, such exemption shall be narrowly construed. The amendment to N.J.A.C. 13:54-3.9(a)6 adds language regarding additional responsibilities imposed on firearms dealers regarding the implementation of the trigger lock statute and the requirement that a record be kept indicating that the firearm was delivered with a trigger lock. N.J.A.C. 13:54-3.9(a)6i through iv also specifies the dealer's recordkeeping responsibilities, pursuant to N.J.S.A. 2C:58-2(a)(6) and 2C:58-2(b) through (e). Current N.J.A.C. 13:54-3.9(a)9 is recodified as subsection (b). New N.J.A.C. 13:54-3.9(a)9 adds that a dealer's license may be revoked if said dealer no longer complies with local zoning requirements. New N.J.A.C. 13:54-3.10(a) provides that an applicant for renewal of a retail firearms dealer license need not be fingerprinted again at the discretion of the Superintendent, provided that such applicant complete a request for "Criminal History Records Check," form SPI 212A and pays the appropriate fee. New N.J.A.C. 13:54-3.10(b) adds that an applicant for a renewal of the retail firearms dealer license need not submit additional proof of zoning compliance to the Superintendent. An amendment to the rule N.J.A.C. 13:54-3.10(d) provides that the employee's license is valid only so long as the employer's license is valid, and, therefore, the employee's licenses must be renewed simultaneously with the employer's. N.J.A.C. 13:54-3.10(d) has also been amended to require an applicant to complete a request for "Criminal History Records Check," form SBI 212A and pay the appropriate fee. A majority of the language contained in N.J.A.C. 13:54-3.12 and 3.13 has been deleted because it is duplicative of other sections in this chapter. The last sentence in each section has been amended to require compliance with the other requirements of this chapter. The amendments also clarify that the terms rifle, shotgun and receiver are as defined under Federal law. N.J.A.C. 13:54-3.14(a) has been amended to provide that invoices shall be maintained in an orderly manner by the retail firearms dealer, separate from other commercial records which the retail firearms dealer maintains. The subsection as amended further requires a retail firearms dealer to note that a trigger lock accompanied the handgun at the time of the transaction, in the case of a handgun transfer to an individual. Language has also been added to N.J.A.C. 13:54-3.14(b) to conform with the statutory language of N.J.S.A. 2C:39-3(g)3. N.J.A.C. 13:54-3.14(d) has been amended to prohibit other dispositions of body armor penetrating bullets, and not just sales. The recordkeeping requirements in N.J.A.C. 13:54-3.14(d)2 have been amended to include the written authorization of the chief of police or highest ranking official of the agency to which the sale or disposition of body armor penetrating bullets was made. N.J.A.C. 13:54-3.15 has been amended to provide that a retailer firearms dealer shall keep copies of payment vouchers for military and law enforcement purchases. N.J.A.C. 13:54-3.18 has been repealed as unnecessarily intrusive of judicial discretion. N.J.A.C. 13:54-3.18 has been deleted in its entirety because it is redundant and unnecessary, as setting forth the right of appeal from a decision of the Superior Court. Such a right is already provided in the statute and Rules of Court. Subchapter 4 proscribes standards and qualifications for registration of wholesale dealers and manufacturers of firearms and the rules for holders of registration certificates to conduct business. It also deals with the licensing of wholesale dealers' agents and employees. N.J.A.C. 13:54-4.2 has been amended to conform with the statutory language in N.J.S.A. 2C:39-1(j) and (s). The amendment provides an exclusion from the registration requirement for those who exclusively process or deal exclusively in grips, stocks and other non-metal parts of firearms. N.J.A.C. 13:54-4.4(a) has been reworded to provide that no registration shall be granted to any manufacturer or wholesaler dealer of firearms under the age of 21 years or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person. N.J.A.C. 13:54-4.4(b) has been amended to provide that an applicant for renewal of a wholesale firearms dealer license need not be fingerprinted again at the discretion of the Superintendent, provided that such applicant completes a request for "Criminal History Records Check," form SPI 212A and pays the appropriate fee. The word "manufacture" has been deleted from the list of license activities in N.J.A.C. 13:54-4.4(c), since N.J.S.A. 2C:58-1(b) only provides for the licensing of employees who have actively engaged in the purchase or sale of firearms. N.J.A.C. 13:54-4.4(d) has been deleted as unnecessary, since an employee license is valid for so long as the employee remains in the employ of the wholesale dealer and the wholesale dealer remains validly registered, under N.J.S.A. 2C:58-1(b). The new N.J.A.C. 13:54-4.4(f) adds that an initial applicant for a wholesale firearms dealer license must submit written proof of zoning compliance before the Superintendent will process or investigate the applicant. The new N.J.A.C. 13:54-4.4(g) provides that an applicant for renewal of a wholesale firearm dealer license need not submit additional proof of zoning compliance. N.J.A.C. 13:54-4.6(a) has been amended to exclude any person who possesses an actual or equitable controlling interest in the corporation seeking registration from the exception from the requirement to furnish personal information on form STS-280. The amendment to N.J.A.C. 13:54-4.9(a) provides that an applicant for a renewal of a certificate of registration need not be fingerprinted again at the discretion of the Superintendent, provided that such applicant complete a request for "Criminal History Records Check," form SPI 212A and pays the appropriate fee. The amendment to N.J.A.C. 13:54-4.9(b) similarly provides that all licensed employees of the registrant need not be fingerprinted again at the discretion of the Superintendent, provided that such applicant complete a request for "Criminal History Records Check," form SPI 212A and pays the appropriate fee. The amendment to N.J.A.C. 13:54-4.9(b) also provides that the employee's wholesale dealer's agent license is valid only so long as the employer's wholesale dealer registration of firearms manufacturer registration is valid, and therefore such a license must be renewed simultaneously with the employer's registration. N.J.A.C. 13:54-4.10 has been amended to conform with the notice and hearing requirements as set forth in N.J.S.A. 2C:58-1(c). N.J.A.C. 13:54-4.11 has been repealed because it is redundant and unnecessary, as setting forth the right of appeal from a decision of the Superior Court. Such a right is already provided in the statute and Rules of Court. The limitations on the purposes for which records must be made available in N.J.A.C. 13:54-4.12 (formerly N.J.A.C. 13:54-4.13) have been deleted. Further, the caption has been amended for consistency. Subchapter 5 regulates the purchase, sale and disposition of a sale of firearms, machine guns and large capacity magazines. N.J.A.C. 13:54-5.1(a) has been replaced with a provision that is modeled on N.J.S.A. 2C:39-5(a) and (f) and N.J.A.C. 13:54-2.1. This provision prohibits possession of a machine gun or an assault firearm without first having obtained a license, registered the assault firearm or rendered it inoperable. N.J.A.C. 13:54-5.1(c) has been added to require that a licensed dealer who accepts an assault firearm and/or machine gun from a private citizen for transfer, resale or repair must notify the Superintendent. The amendment to N.J.A.C. 13:54-5.2(b) is meant to conform to the statutory language in N.J.S.A. 2C:58-5(a) and (b). A copy of the prosecutor's report and notice of the hearing application shall be served upon the superintendent and the chief police officer of every municipality in which the applicant intends to carry the machine gun or assault firearm unless, for good cause shown, the court orders notice by publication. Further, any person aggrieved by the decision of the court to grant or deny the application may appeal the decision in accordance with the laws and rules governing the courts of New Jersey. The amendment to N.J.A.C. 13:54-5.3(a) removes irrelevant information and adds language which conforms to the statutory language in N.J.S.A. 2C:58- 5(g) and N.J.S.A. 2C:58-13. Specifically, the amendment provides that if an heir or legatee does not qualify for a firearms purchaser identification card or permit to purchase a handgun, he or she must transfer possession of the firearm to the chief law enforcement officer of the municipality or the superintendent within 90 days. The amendment to N.J.A.C. 13:54-5.6 conforms the rule to the statutory language in N.J.S.A. 2C:39-15, by clarifying that its advertising prohibition applies to all persons rather than just license dealers. Subchapter 6 describes the required security systems for retail and wholesale dealers and manufacturers of firearms. The amendment to N.J.A.C. 13:54-6.6(a) updates the designated form number for report of lost or stolen firearms from STS 62 to SP 515. This proposal is exempt from the calendar requirement because the agency is providing a 60-day comment period pursuant to N.J.A.C. 1:30-3.3(a). Social Impact The readoption of this chapter and the amendments will permit the Division of State Police to continue to regulate the licensing and registration of retail and wholesale dealers and manufacturers, as well as the sale, purchase, acquisition and transfer of firearms by dealers to eligible persons. The Superintendent will also continue to administer uniform Statewide standards for the investigation of applications and the issuance of permits, licenses, firearms purchaser identification cards and permits to carry firearms. The rules proposed for readoption with amendments will also benefit consumers and dealers in firearms by clarifying the course of conduct which such persons must follow in order to comply with existing law and regulation. The public at large will benefit from the readoption of this chapter through the continued regulation by the Superintendent of those persons and entities licensed to sell or acquire firearms. The public will also benefit from the confidentiality provisions which serve to reduce the possibility of theft of firearms and their resultant use in illegal activities. Economic Impact The proposed amendments, by clarifying that the definition of a "large capacity ammunition magazine" does not include an ammunition magazine that has been permanently altered so that it is not capable of holding more than 15 rounds of ammunition but does include an ammunition magazine which has been temporarily blocked from holding more than 15 rounds, as by a piece of wood or a pin, may impose new costs for consumers or dealers in firearms who may have relied on earlier advice by some State representatives to the effect that an ammunition magazine may be temporarily blocked to hold no more than 15 rounds. The proposed amendments allow those who currently own or possess an ammunition magazine which has been temporarily blocked from holding more than 15 rounds to retain possession of that ammunition magazine until the effective date of this amendment, provided that during that time period, such persons either: (1) transfer such ammunition magazine to any person or firm lawfully entitled to own or possess a large capacity ammunition magazine; (2) render such ammunition magazine permanently incapable of holding more than 15 rounds; or (3) voluntarily surrender the ammunition magazine pursuant to the provisions of N.J.S.A. 2C:39-12. Accomplishing one of the foregoing three measures in order to come into compliance with the clarified interpretation of the statute set forth in these rules may involve new costs on behalf of consumers and dealers. The proposed readoption and amendments otherwise impose no new costs for either consumers or dealers in firearms. In large measure, the economic impact of this chapter is dictated by fixed statutory fees. Indeed, all of the fees established by the chapter for the issuance of permits, licenses, registrations, and firearms identification cards are provided for by law. The rules require retail and wholesale dealers and manufacturers to continue to incur expenses by maintaining for inspection records of the acquisition and sale of all firearms. The maintenance of these records is generally required by statute. See N.J.S.A. 2C:58-2 and 2C:58-3. In specific instances, dealers must also incur costs by collecting and submitting to the Superintendent records of the acquisition or sale of machine guns, assault firearms, body armor penetrating bullets and large capacity magazines. It is impossible to state with any precision the actual costs associated with dealers' compliance with the aforementioned recordkeeping and reporting requirements. The costs will vary depending upon the volume of a dealer's business and the size of his inventory. The rules continue to require dealers to install and maintain security systems approved by the Superintendent. These systems must be in place prior to the dealers' maintenance of any inventory of firearms or ammunition. This is necessary to insure against theft and vandalism. The cost of security systems must be borne by the dealer. Dealers already licensed at the time of this readoption will, in all likelihood, not be subject to additional costs for the installation of security systems, other than those costs ordinarily associated with routine maintenance and repair. However, new security systems will have to be installed by dealers licensed subsequent to this readoption. Subchapter 6 of the readoption provides a list of approved security systems which, depending upon their complexity and the size of the business, will vary in cost. Therefore, it is impossible to predict with any certainty the actual economic impact of the readoption of the security provisions on newly licensed dealers. The rules also require that the State Police and municipal police departments continue to incur costs for statutorily mandated investigations of applicants for firearms identification cards, permits to purchase handguns and permits to carry handguns. Both the State Police and the municipal police departments share this function depending upon the residence of the applicant or the place where the applicant intends to carry a firearm. Since the statutorily required investigations of applicants are randomly disbursed throughout the State's municipalities, it is impossible to approximate the costs associated therewith. Nevertheless, N.J.A.C. 13:54-1.14 precludes any person or governmental entity from assessing any fees upon either the municipal or State Police in the conduct of background investigations. The State Police are solely responsible for background investigations of applicants for retail dealer licenses and wholesale dealer and manufacturer registrations. The costs incurred by the State Police for these statutorily mandated investigations are not possible to calculate with reasonable certainty. Moreover, the Firearms Investigation Unit not only enforces the regulations which are the subject of this readoption, but is also responsible for the general enforcement of the provisions of the statutes dealing with firearms and, in particular, N.J.S.A. 2C:39-1 et seq. and 2C:58-1 et seq. The Unit also routinely dispenses advice to members of the public and those engaged in the commerce of firearms. Federal Standards Statement A Federal standards analysis is not required because these rules are not proposed under the authority of or in order to implement, comply with or participate in any program established under Federal law or under State statute that incorporates or refers to Federal law, Federal standards or Federal requirements. Jobs Impact The rules proposed for readoption with amendments do not result in the generation or loss of jobs in New Jersey. Agriculture Industry Impact The rules proposed for readoption with amendments will not have any impact on the agriculture industry in New Jersey. Regulatory Flexibility Analysis The rules proposed for readoption regulate the commercial dealings of retail and wholesale dealers of firearms and manufacturers of firearms. These persons or entities qualify as small businesses under the terms of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules impose reporting, recordkeeping and other compliance requirements on the aforementioned persons or entities. The rules minimize compliance requirements by primarily incorporating those regulatory provisions which are statutorily required. Moreover, all retail dealers, wholesale dealers and manufacturers are subject to identical reporting, recordkeeping and other compliance requirements, regardless of the size of the business. As of the date of publication, there are approximately 490 licensed retail and registered wholesale dealers and manufacturers in the State. These persons or entities will all be subject to the following reporting, recordkeeping and other compliance requirements. N.J.A.C. 13:54-1.15 does not impose reporting, recordkeeping, or other compliance requirements on small businesses and has no adverse impact on small businesses or private industry in general. N.J.A.C. 13:54-3.2 and 3.3 and 13:54-4.2 and 4.3 provide that retail dealers must be licensed and wholesale dealers and manufacturers must be registered. The procedure for licensing and registration is also provided. These provisions also provide for the licensing of employees and agents of dealers. The fees associated with such licensing and registration are statutorily mandated. See N.J.S.A. 2C:58-1 and 2C:58-2. Likewise, license and registration provisions, N.J.A.C. 13:54-3.8 and 3.10 and 13:54-4.8 and 4.9(a), require that dealers and wholesale dealers must renew their licenses and registrations every three years. These provisions are also statutorily mandated. See N.J.S.A. 2C:58-1 and 2C:58-2. The renewal provisions for employees of retail and wholesale dealers are also governed by the above-cited statutes. See N.J.A.C. 13:54-3.10(d) and 4.9(b). Retail dealers, wholesale dealers and manufacturers must maintain permanent records of the receipt and/or disposition of firearms and ammunition. See N.J.A.C. 13:54-3.14(a) and (b) and 4.11(a) and (b). By statute, retail dealers are required to maintain records of the sales or dispositions of rifles, shotguns and handguns. N.J.S.A. 2C:58-2(a)4, 5, 6 and (b). The statute does not require that the retail dealers maintain records of firearms acquired. The same is true with respect to wholesale dealers and manufacturers. See N.J.S.A. 2C:58-1e. All dealers and manufacturers, regardless of the size of their business, must maintain these records. They are deemed necessary for purposes of the proper enforcement of the rules. In particular, they facilitate the ability of regulators and law enforcement personnel to effectively monitor and track the commerce in firearms. This information is invaluable in the handling of criminal and/or regulatory violations. However, in order to minimize these compliance requirements, both N.J.A.C. 13:54-3.14(c) and 4.11(c) permit retail and wholesale dealers to forego compliance with the recordkeeping requirements of those sections if the retail or wholesale dealer maintains an updated Federal firearms record listing firearms purchased, acquired, manufactured or sold in the manner prescribed by Title 26, Internal Revenue, Chapter 1, "Commerce in Firearms and Ammunition." These Federal firearms laws require dealers that are Federally licensed to maintain the same records provided for by the readoption. Therefore, duplication is avoided. While the precise number is not available, the agency believes that well over 90 percent of New Jersey's retail and wholesale dealers are Federally licensed. N.J.A.C. 13:54-3.14(d) requires that retail dealers must submit records of all sales of body armor ammunition to the Superintendent. This provision is statutorily required. See N.J.S.A. 2C:39-3g(3). N.J.A.C. 13:54-3.16 and 4.12 require retail dealers, wholesale dealers and manufacturers to make their records available to law enforcement officers at reasonable hours. These compliance requirements are consistent with statute. See N.J.S.A. 2C:58-1 and 2C:58-2. N.J.A.C. 13:54-3.4(c) and 4.4(d) provide that when employees are terminated, the retail dealer, wholesale dealer or manufacturer shall surrender their licenses to the Superintendent. While these provisions are not contained in the statutes, they are deemed necessary in order to insure that licenses are not possessed by individuals who are no longer engaged in the business for which they were licensed. These requirements apply to businesses of all sizes. N.J.A.C. 13:54-3.17 and 4.13 provide that upon termination, revocation or expiration of a retail dealer's license or wholesale dealer's or manufacturer's certification of registration, all licenses or registrations shall be forwarded to the Superintendent within five days. This is consistent with insuring that individuals who are no longer licensed to engage in the firearm business do not possess licenses. These provisions apply to businesses of all sizes. N.J.A.C. 13:54-3.4(e) provides that no retail dealer shall be licensed unless he or she demonstrates to the Superintendent that the business is in conformity with the zoning laws of the applicable municipality. While not statutorily required, this compliance provision applies to all businesses regardless of size, and is required to insure that the Superintendent does not license businesses in conflict with the zoning regulations of the various municipalities. N.J.A.C. 13:54-3.12 requires that retail dealers maintain records of certifications of eligibility for those who purchase rifles or shotguns by use of a firearms identification card. This provision is consistent with the applicable statute. See N.J.S.A. 2C:58-3. N.J.A.C. 13:54-3.13 and 1.8(b) require sellers of handguns to forward copies of permits to purchase handguns to the Superintendent and chief of police within five days of the sale. The dealer is also required to retain a copy. These provisions are consistent with statute. See N.J.S.A. 2C:58-3. N.J.A.C. 13:54-3.15 provides that dealers shall maintain records of sale or disposition of firearms to the United States Armed Forces, the National Guard and to law enforcement agencies. These records are to be maintained separately from the records ordinarily maintained for the sale of firearms to civilian consumers. This rule also provides that sales of assault firearms and machine guns to the military and law enforcement agencies shall be reported to the Superintendent within 48 hours of their sale. These provisions are necessary in order to effectively monitor the commerce of firearms in this State. They also insure that military and law enforcement agencies follow uniform procedures for procuring firearms in this State. These rules apply to businesses of all sizes. The reporting requirement for assault firearms is consistent with the statutory reporting requirement for the sale of large capacity magazines to the military or law enforcement agencies. See N.J.S.A. 2C:39-3g(3). N.J.A.C. 13:54-5.1(d) requires dealers to maintain a separate ledger for the recordation of sales of assault firearms and machine guns. This provision is consistent with the purpose of the Assault Firearms Act, N.J.S.A. 2C:58- 12 et seq., which is to closely regulate and monitor the sale of assault firearms. This regulation is applicable to businesses of all sizes. N.J.A.C. 13:54-5.5 requires that records of sale of large capacity magazines be reported to the Superintendent. This is consistent with the statutory requirement of N.J.S.A. 2C:39-3(g)3. Subchapter 6 of the readoption requires dealers to install and maintain security systems as a condition of procuring inventory and doing business. While this subchapter is not specifically statutorily required, it is applicable to business sales of all sizes. The statute does require the Superintendent to establish standards to protect the public health, safety and welfare. N.J.S.A. 2C:58-2a. The readoption of subchapter 6 will have little impact on those dealers who are already in operation since the initial expense of installation of security systems will have already been borne. Thus, the readoption applies only to those new dealers licensed subsequent to the effective date or tothose dealers who move their places of business. Subchapter 6 provides a list of approved security systems which vary in cost, depending upon the intricacy of the system and the size and design of the areas required to be protected. See N.J.A.C. 13:54-6.2 and 6.3. This flexibility allows each dealer to individually address his security needs in relation to his compliance costs. This security system required by this subchapter are necessary for the protection of the public at large since they minimize the risk of the theft of dangerous instrumentalities. It is impossible to estimate the initial or annual compliance costs with respect to the maintenance of the records required by this chapter. These costs will vary depending upon the size of the business' inventory and the volume of business. The same is true with respect to the installation and maintenance of security systems. The compliance costs with regard to the fees for renewal of licenses are statutorily mandated and have not been altered by the readoption. It is not expected that any of the aforementioned reporting, recordkeeping, and compliance requirements will require professional services other than for the installation and maintenance of security systems. The readoption is designed to minimize to the extent possible any adverse economic impact on small businesses by relying principally upon incorporation of the requirements of N.J.S.A. 2C:58-1 et seq. and 2C:39-1 et seq. Where additional requirements are added, they are deemed necessary in order to promote the general public health, safety and welfare. Moreover they apply equally to businesses of all sizes. Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:54. Full text of the proposed amendments follows: SUBCHAPTER 1. FIREARMS IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN << NJ ADC 13:54-1.2 >> 13:54-1.2 Definitions The words and terms used in this chapter shall have the following meanings: "Ammunition" means <<-various projectiles, including bullets, missiles, slugs or balls together with fuses, propelling charges and primers that may be fired, ejected, projected, released, or emitted from firearms or weapons->> <<+ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm+>>. ... "Assault firearms" means <<+any of the following+>>: 1. The following firearms: Algimec AGM1 type Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12" Armalite AR-180 type Australian Automatic Arms SAR Avtomat Kalashnikov type semi-automatic firearms Beretta AR-70 and BM 59 semi-automatic firearms Bushmaster Assault Rifle Calico M-900 Assault carbine and M-900 CETME G3 Chartered Industries of Singapore SR-88 type Colt AR-15 and CAR-15 series Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types Demro TAC-1 carbine type Encom MP-9 and MP-45 carbine types FAMAS MAS223 types FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms Franchi SPAS 12 and LAW 12 shotguns G3SA type Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1 Intratec TEC 9 and 22 semi-automatic firearms M1 carbine type M14S type MAC 10, MAC 11, MAC 11-9 mm carbine type firearms PJK M-68 carbine type Plainfield Machine Company Carbine Ruger K-Mini-14/5<<+F+>> and Mini-14/5<<+RF+>> SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types SKS with detachable magazine type Spectre Auto carbine type Springfield Armory BM59 and SAR-48 type Sterling MK-6, MK-7 and SAR types Steyr A.U.G. semi-automatic firearms USAS 12 semi-automatic type shotgun Uzi type semi-automatic firearms Valmet M62, M71S, M76, or M78 type semi-automatic firearms Weaver Arm Nighthawk<<+; or+>> 2. Any firearm manufactured under any designation which is substantially identical to any of the firearms listed in paragraph (1) above. <<+The term "substantial" means pertaining to the substance, matter, material or essence of a thing. The term "identical" means exactly the same. Hence, a firearm is substantially identical to another only if it is identical in all material, essential respects. A firearm is not substantially identical to a listed assault firearm unless it is identical except for differences which do not alter the essential nature of the firearm.+>> <<+The following are examples of manufacturer changes that do not alter the essential nature of the firearm: name or designation of the firearm; the color of the firearm; the material used to make the barrel or stock of the firearm; the material used to make a pistol grip; a modification of a pistol grip. This is not an exclusive list.+>> <<+A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria.+>> <<+i. Semi-automatic rifle that has the ability to accept a detachable magazine and has at least two of the following:+>> <<+(1) A folding or telescoping stock;+>> <<+(2) A pistol grip that protrudes conspicuously beneath the action of the weapon; +>> <<+(3) A bayonet mount;+>> <<+(4) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and+>> <<+(5) A grenade launcher;+>> <<+ii. A semi-automatic pistol that has an ability to accept a detachable magazine and has at least two of the following:+>> <<+(1) An ammunition magazine that attaches to the pistol outside of the pistol grip;+>> <<+(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;+>> <<+(3) A shroud that is attached to, or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non- trigger hand without being burned;+>> <<+(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and+>> <<+(5) A semi-automatic version of an automatic firearm; and+>> <<+iii. A semi-automatic shotgun that has at least two of the following:+>> <<+(1) A folding or telescoping stock;+>> <<+(2) A pistol grip that protrudes conspicuously beneath the action of the weapon; +>> <<+(3) A fixed magazine capacity in excess of five rounds; and+>> <<+(4) An ability to accept a detachable magazine; or+>> 3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock or a pistol grip; <<-or a semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds. For purposes of this paragraph, "semi-automatic" means a firearm which fires a single projectile for each pull of the trigger and is self-reloading or automatically chambers a round, cartridge or bullet. For purposes of this paragraph "pistol grip" means a well defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand;->> <<+4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or+>> <<-4.->><<+5.+>> A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person. <<+6. The Colt Match Target rifle, based on the manufacturer's specifications, is a new line of rifles and is not part of the AR-15 series, and, thus, is not prohibited under N.J.S.A. 2C:39-1w(1). Although this new rifle may resemble the Colt AR-15, there have been substantial changes to the firearm, including the receiver which is not identical to an AR-15 receiver. In addition, because of changes in the configuration of the firearm, the Colt Match Target rifle is not substantially identical to a firearm prohibited under this classification.+>> <<+7. The Springfield M1A rifle is not one of the enumerated firearms which are specifically prohibited under the State assault firearms laws. It has been prohibited in this State as being substantially identical to a named firearm. However, according to the manufacturer's specifications, the M1A has been modified. The modified M1A, which became available in 1994, is not considered to be substantially identical to a prohibited firearm under N.J.S.A. 2C:39- 1w(2) and these regulations. However, earlier versions of the M1A which contain at least two of the criteria identified in the Attorney General's Guidelines Regarding the "Substantially Identical" Provision in the State's Assault Firearms Laws dated August 19, 1996 and reproduced in subparagraph ii of paragraph 2 above, are considered to be substantially identical to a prohibited firearm and continue to be banned under State law.+>> "Body armor penetrating bullets" means bullet <<+or bullets primarily+>> designed for use in <<+a+>> handgun<<-s->> and whose core or jacket, if the jacket is thicker than .025 of an inch, is of tungsten carbide or hard bronze or is made of other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale and is capable of breaching or penetrating body armor. <<-"Chief of police" or "chief police officer" means the highest ranking member of a municipal police department.->> "Firearm or firearms" means any handgun, rifle, shotgun, machine gun, <<- assault firearm,->> automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid <<-projectile,->> <<+ projectable+>> ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas<<-,->> or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. <<+"Firearms Purchaser Identification Card number" means the number assigned by the State Bureau of Identification (SBI number) pursuant to a fingerprint check, of an applicant's fingerprints, for the issuance of a Firearms Purchaser Identification Card; as reported by the SBI to the investigating authority. Firearms Purchaser Identification Card number shall be synonymous with State Bureau of Identification number (SBI number). +>> ... "Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. <<+A large capacity ammunition magazine that has been permanently altered so that it is not capable of holding more than 15 rounds of ammunition will cease to be defined as a "large capacity ammunition magazine." An ammunition magazine which has been temporarily blocked or modified from holding more than 15 rounds, as by a piece of wood or a pin, is still considered to be a "large capacity ammunition magazine."+>> ... "NICS" means the National Instant Criminal Background Check System accessed by telephone or facsimile transmission through the Division of State Police, which retailers must contact for information on whether a person is prohibited from receiving or possessing a firearm under State or Federal law. "Person" means any <<-individual->> <<+natural person+>>, corporation, partnership, firm or association of any kind or nature whatsoever; any public entity of any kind or nature; the plural as well as the singular and any gender. <<+"Pistol grip" means a well defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be held and fired with one hand.+>> ... <<+"Semi-automatic" means a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge or bullet.+>> ... "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all: 1.-2. (No change.) 3. Gravity knives, <<-switch-blades,->> <<+switchblade knives,+>> daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, <<-cestus->> <<+ cesti+>> or similar leather bands studded with metal filings or razor blades imbedded in wood; and 4. Stun guns<<+;+>> and <<-any other->> <<+5. Any+>> weapon or other device which projects, releases or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air. ... << NJ ADC 13:54-1.3 >> 13:54-1.3 Firearm identification card or permit to purchase required (a) No person, other than a licensed or registered retail or wholesale dealer, shall receive, purchase or otherwise acquire a rifle, shotgun or antique cannon, other than an antique rifle or shotgun, unless that person possesses and exhibits a valid firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of a rifle, shotgun or antique cannon<<+, other than an antique rifle or shotgun,+>> to a person other than a licensed or registered retail or wholesale dealer unless the buyer or receiver possesses and exhibits a valid firearms purchaser identification card. No persons shall sell or acquire a sawed-off shotgun. (b)-(c) (No change.) <<+(d) Nothing in this subchapter will be construed to apply to the transfer, receipt or acquisition of a firearm which is otherwise lawful under N.J.S.A. 2C:58-3(l), 2C:58-3.1, 2C:58-3.2 or 2C:58-6.1(b).+>> <<+(e) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or acquisition of a handgun, a permit to purchase a handgun shall not be required of an employee of an armored car company for the issuance of a handgun to such an employee by the company provided: the armored car company has lawfully obtained the handgun in accordance with (a) above and N.J.S.A. 2C:58-3; the employee is licensed to carry a handgun under N.J.S.A. 2C:58-4 and N.J.A.C. 13:54-2; the employee is issued company handguns for company business only and only for the duration of his or her on- duty hours; and the handgun must be returned to the company at the conclusion of the employee's on-duty hours each working day.+>> <<+1. The armored car company is under an affirmative obligation to ensure the prompt return of its handguns at the conclusion of the employee's on-duty hours, lest the latter's retention of the handgun be deemed a "transfer" from the company to the employee within the meaning of N.J.S.A. 2C:58-3a. This means that the company is under a legal obligation to maintain a careful inventory of its handguns, to ensure that they are kept in a secure fashion and are not being taken or abused by employees. The company must also be alert to assure that any employee who uses company firearms on its behalf continues to do so pursuant to a valid permit to carry.+>> <<+2. The armored car company shall maintain a permanent record of each firearm acquired by the company and issued to its employees on a daily basis. The record shall be maintained in a bound form and shall be kept at the location where the business is being conducted. The record shall show the date and time of issue and the date and time of the return or other disposition of each firearm, the name of the employee to whom the firearm was issued, the employee's SBI number and the type, manufacturer, caliber or gauge, model and the serial number of the firearm. Also included in this record shall be the name of the individual representing the company and issuing and receiving the firearms from the authorized employees.+>> <<+3. Each armored car company shall install a system for the prevention and detection of the theft of firearms or ammunition from the business premises in accordance with N.J.A.C. 13:54-6.+>> <<+4. Records are to be retained by the company and shall, for administrative and law enforcement purposes, be made available for inspection during reasonable hours to any member of the Division of State Police.+>> << NJ ADC 13:54-1.4 >> 13:54-1.4 Applications for a firearms purchaser identification card and for a permit to purchase a handgun (a) Every person applying for a firearms purchaser identification card or for a permit to purchase a handgun shall furnish such information and particulars as are set forth in the application form designated STS-33 <<-in the case of an identification card, or STS-33A in the case of a permit to purchase->>. Forms can be obtained from municipal police departments<<+,+>> State Police stations and licensed retail dealers. (b)-(c) (No change.) (d) The application shall be signed by the applicant and the completed application, together with two sets of the applicant's fingerprints and fees as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69)->>, a consent for mental health records search form designated <<-STS-1->> <<+SP 66+>> and a nonrefundable application fee of $5.00 for a firearms identification card and $2.00 for a permit to purchase a handgun, shall be submitted to the chief of police of an organized full time police department in the municipality in which the applicant resides. If the municipality does not have an organized full time police department, application shall be made to the State Police station servicing the municipality in which the applicant resides, or to any State Police station in the case of a non-resident. (e)-(i) (No change.) << NJ ADC 13:54-1.5 >> 13:54-1.5 Prerequisites for a permit to purchase handgun or a firearms purchaser identification card (a) Every person issued a firearms purchaser identification card, shall be 18 years of age and of good repute in the community in which he lives. <<+Every person issued a permit to purchase a handgun shall be 21 years of age and of good repute.+>> (b) A permit to purchase a handgun, or a firearm purchaser identification card, shall not be issued to any person: 1.-6. (No change.) 7. Who refuses to waive statutory or other rights of confidentiality relating to institutional confinement; <<-or->> 8. Where the issuance would otherwise not be in the interest of the public health, safety and welfare<<-.->><<+;+>> <<+9. Who is subject to a court order issued pursuant to N.J.S.A. 2C:25- 29 prohibiting the person from possessing any firearm; or+>> <<+10. 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 firearm.+>> << NJ ADC 13:54-1.7 >> 13:54-1.7 Validity of firearms identification card and permit to purchase a handgun (a) (No change.) (b) 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<<-, for a total of 180 consecutive days->>. <<+In no event shall a permit to purchase a handgun be valid for more than 180 days from the date the permit was originally issued.+>> << NJ ADC 13:54-1.8 >> 13:54-1.8 Written certification; delivery of permit to purchase (a) Any person receiving, purchasing or otherwise acquiring a firearm by exhibiting a firearms purchaser identification card shall sign a written certification on form NJSP 634 which shall indicate that he or she presently complies with all of the requirements for obtaining an identification card and does not suffer from any of the disabilities set forth in this subchapter. The certification shall contain his or her name, address and firearms purchaser identification number. If the seller is not a licensed dealer, the certification <<+shall be retained by the seller or it+>> may be filed with the chief of police of the municipality in which he resides or, in all other cases, with the Superintendent. The seller shall retain the certification if he is a licensed dealer. (b) (No change.) << NJ ADC 13:54-1.10 >> 13:54-1.10 Revocation of a firearms purchaser identification card (a) <<-A->> <<+Any+>> firearms purchaser identification card may be revoked by <<-a judge of->> the Superior Court of the county wherein the card was issued, after a hearing <<-and->> <<+upon notice,+>> upon a finding that the holder <<+thereof+>> no longer qualifies for the issuance of such <<-a card->> <<+permit+>>. (b)-(c) (No change.) << NJ ADC 13:54-1.11 >> 13:54-1.11 Duplicate firearms purchaser identification card (a) (No change.) (b) The applicant shall complete an application for a duplicate firearms purchaser identification card designated as form STS-3 and a consent for mental health records search designated as form <<-STS-1->> <<+SP 66+>> and present same to the chief of police in the municipality where the applicant resides or to the Superintendent in all other cases. (c) (No change.) << NJ ADC 13:54-1.12 >> 13:54-1.12 Appeal (a) Any person denied a firearms purchaser identification card, a permit to purchase a handgun <<+or a duplicate firearms purchaser identification card+>> may request a hearing in the Superior Court of the county in which he or she resides or in the Superior Court of the county in which his or her application for a firearms purchaser identification card was denied if he or she 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, identification card or duplicate identification card. The applicant shall serve a copy of his or her request for a hearing upon the chief of police of the municipality in which he or she resides, if he or she is a resident of New Jersey, and upon the Superintendent in all cases.+>> (b) Any person denied a firearm purchaser identification card, <<-or->> a permit to purchase a handgun <<+or a duplicate firearms purchaser identification card+>> shall be notified in writing by the issuing authority of the reasons for the denial. (c) (No change.) << NJ ADC 13:54-1.13 >> 13:54-1.13 Firearms passing to heirs or legatees (a) Notwithstanding the provisions ofthis subchapter concerning the <<+ transfer, receipt or+>> acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required <<- of an->> <<+for the passing of a firearm upon the death of an owner thereof to his+>> heir or legatee <<-for the passing of a firearm, upon the death of its owner->><<+, whether the same be by testamentary bequest or by the laws of intestacy+>>. A person so acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-1.5 and 1.6. (b)-(c) (No change.) SUBCHAPTER 2. HANDGUNS << NJ ADC 13:54-2.2 >> 13:54-2.2 Permit required No person, except as provided in N.J.S.A. 2C:39-6, shall <<-carry, hold or->> possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter. << NJ ADC 13:54-2.4 >> 13:54-2.4 Application for a permit to carry a handgun (a) (No change.) (b) Each applicant shall demonstrate a thorough familiarity with the safe handling and use of handguns by indicating in the space provided therefor on the application form, and on any sworn attachments thereto, any relevant information. Thorough familiarity with the safe handling and use of handguns <<-may->> <<+shall+>> be evidenced by: 1. Completion of a firearms training course substantially equivalent to the firearms training approved by the Police Training Commission as described by N.J.S.A. 2C:39-6j; <<-or->> <<+and+>> 2. Submission of an applicant's most recent handgun qualification scores utilizing the handgun(s) he or she intends to carry as evidenced by test firings administered by a certified firearms instructor of a police academy, a certified firearms instructor of the National Rifle Association, or any other recognized certified firearms instructor; <<-or->> <<+and+>> <<-3. Completion of a course or test in the safe handling of a handgun administered by a certified firearms instructor of a police academy, a certified firearms instructor of the National Rifle Association, or any other recognized certified firearms instructor; or->> <<-4.->><<+3.+>> Passage of any test in this State's laws governing the use of force administered by a certified instructor of a police academy, a certified instructor of the National Rifle Association, or any other recognized certified instructor. (c) <<-Where available, the->> <<+The+>> information in (b) above shall be accompanied and validated by certifications of the appropriate instructor(s). <<-In the absence of, or in addition to (b)1 through 4 above, the applicant shall provide any other available and accurate information which may evidence his or her proficiency in the safe handling and use of firearms, including most recent handgun qualification scores and whether he or she utilized the handgun(s) he or she intends to carry, courses attended in the safe handling and use of firearms, and extent of knowledge, however gained, of this State's laws pertaining to the use of force in the defense of person and property.->> (d) Each application form shall also be accompanied by a written certification of <<+ justifiable+>> need <<+to carry a handgun+>> which shall be under oath and which: 1.-2. (No change.) (e) The completed application together with two sets of the applicant's fingerprints and fees as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69)->>, four photographs (1 1/2 x 1 1/2 square), <<+and+>> a consent for mental health records search form designated <<-STS-1,->> <<+SP 66+>><<-, and a permit fee of $20.00 payable to the County Clerk where the permit is to be issued->> shall be submitted to the chief of police of the municipality in which the applicant resides, or the Superintendent: 1. If there is no <<-full time police department->> <<+chief police officer+>> in the municipality where the applicant resides; or 2. (No change.) << NJ ADC 13:54-2.5 >> 13:54-2.5 Approval of application The chief of police or the Superintendent, as the case may be, shall cause the applicant to be thoroughly investigated. The investigation shall include, but not be limited to, ascertaining that the applicant satisfies all of the requirements contained in this chapter for obtaining a permit to purchase a handgun or a firearms purchaser identification card, that the applicant has or has not demonstrated a thorough familiarity with the safe handling and use of handguns as evidenced by the application and accompanying materials, and that the applicant has or has not factually demonstrated a justifiable need to carry a handgun. The chief of police or the Superintendent shall approve or disapprove the application after completion of the investigation. If the application <<-is approved, it shall be forwarded to the county clerk for presentation to a judge of->> <<+has been approved by the chief police officer or the Superintendent, as the case may be, the applicant shall forthwith present it to+>> the Superior Court of the county where the applicant resides, or if a nonresident or an employee of an armored car company, to a county where he or she intends to carry the handgun. << NJ ADC 13:54-2.7 >> 13:54-2.7 Issuance of a permit to carry a handgun <<-(a) Upon being satisfied of the sufficiency of the application and the fulfillment of the provisions of Chapter 58, Laws of 1979, the judge shall issue a permit.->> <<-(b) The court may, at its discretion, issue a limited type permit which would restrict the applicant as to the types of handguns he or she may carry and where and for what purposes such handguns may be carried.->> <<-(c) The->> <<+The permittee shall provide the+>> Superintendent <<-shall be provided with copies of all permits->> <<+with a copy of any permit to carry handguns+>> issued or re-issued by the Superior Court <<+within 30 days of the issuance or re-issuance of the permit+>>. << NJ ADC 13:54-2.8 >> 13:54-2.8 Appeal <<-(a) ->>Any person <<-making application for a permit to carry a handgun who is denied approval by the chief of police or the Superintendent->> <<+aggrieved by the denial by the chief police officer or the Superintendent of approval for a permit to carry a handgun+>> may request a hearing in the Superior Court of the county in which he or she resides, or a county in which he or she intends to carry a handgun, in the case of a non- resident, <<-or an employee of an armored car company->> <<+by filing a written request for such a hearing+>> <<-Such request shall be made in writing->> within 30 days of <<+the+>> denial <<-of the application->>. Copies of the request shall be served on the Superintendent, the county prosecutor and the chief of police of the municipality where the applicant resides, if he or she is a resident of this State. <<-(b) If the application is denied by the judge of the Superior Court the appeal shall be made in accordance with law.->> << NJ ADC 13:54-2.10 >> 13:54-2.10 Revocation of permits (a) (No change.) (b) Any permit may be revoked by the Superior Court, after hearing, upon notice to the holder of the permit, if the Court finds that the holder no longer satisfies the requirements of N.J.A.C. 13:54-2.3 <<+or any applicable law+>>. (c)-(d) (No change.) SUBCHAPTER 3. RETAIL DEALERS << NJ ADC 13:54-3.3 >> 13:54-3.3 Application for license (a) Every person<<-, partnership or corporation->> applying for a retail dealer license shall furnish such information and particulars as required by the application form designated SP-649, and in the case of partnerships <<- and->><<+,+>> corporations <<+or other business organizations+>>, the application form designated SP-649A shall also be completed. Such forms may be obtained from the Firearms Investigation Unit, Division of State Police, Box 7068, West Trenton, New Jersey <<-08625->> <<+08628+>>. All corporations applying for such a license, in addition to the application, shall submit a valid copy of the most recent certificate of incorporation, or such other documentation establishing the corporation<<+, partnership or other business organization+>> as a legal entity. (b) The completed application, together with two sets of the applicant's fingerprints, a consent for mental health records search form designated <<- STS-1->> <<+SP 66+>>, and a nonrefundable fee of $50.00 payable to the Superintendent, in addition to the fees as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69)->>, shall be submitted to the Superintendent. (c) Any person who possesses an actual or equitable controlling interest in an applicant corporation<<+, partnership or other business organization+>> shall complete the necessary application form and be fingerprinted. (d) No retail dealer<<-,->> shall permit any employee or other person to engage in the purchase, sale or offering for sale of any firearms, ammunition or engage in gun-smithing, unless such employee or person has been licensed by the Superintendent. Every employee applying for such a license must submit a completed application form designated NJSP 641, accompanied with two sets of fingerprints and a consent for mental health records search form <<-STS- 1->><<+, SP 66+>>. An employee who possesses a firearms purchaser identification card need not be fingerprinted, provided that the number of the firearms purchaser identification card is included in <<-block number 29 of->> <<+the space provided on+>> the application, and provided that the employee continues to be eligible to retain such card in accordance with the provisions of this chapter. <<+The retail dealer shall complete a request for "Criminal History Records Check" form SBI 212A for such employee and submit the required fee for processing such form.+>> A nonrefundable fee of $5.00 shall be paid by the retail dealer to the Superintendent for each employee in addition to the fingerprint fees as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69).->> << NJ ADC 13:54-3.4 >> 13:54-3.4 Standards and qualifications (a) <<-Every individual proprietor, every member of a partnership, and every officer and director of a corporation, making application for a retail dealer license shall be over the age of 21 in the case of a dealer, and over the age of 18 in the case of an employee of such dealer, and shall possess the qualifications required to obtain a permit to purchase a handgun and a firearms purchaser identification card as provided in this chapter.->> <<+No license shall be granted under this subchapter to any retail dealer under the age of 21 years or to any employee of a retail dealer under the age of 18 or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person.+>> (b) (No change.) <<-(c) Should an employee be transferred from his or her licensed location to another location, by the same licensed employer, that employee shallapply for a transfer of his or her employee license by submitting application form SP-641, consent for mental health records search form STS-1 and shall surrender his or her current employee license to the Superintendent.->> <<-(d)->><<+(c)+>> A retail dealer shall, within five days, return any employees' license of an employee who has been terminated<<-, transferred,->> or has become disqualified as provided in this chapter, to the Superintendent. <<-(e)->><<+(d)+>> (No change in text.) <<-(f) No retail dealer shall conduct a retail firearms business->> <<+ (e) A retail dealer shall not receive an initial license+>> unless local zoning requirements have been satisfied for the operation of such a business, and the Superintendent has been notified in writing that such requirements have been satisfied. The Superintendent may, in his or her discretion, decline to process or investigate an application for <<+an initial+>> retail dealer license until such time as the applicant demonstrates compliance with local zoning requirements. <<+After the issuance of the initial license, a retail dealer has a continuing obligation to remain in compliance with local zoning requirements and to notify the Superintendent within 48 hours of receiving written notice from the local zoning official or other competent authority that he or she is not in compliance with such local zoning requirements. The failure of the retail dealer to comply with this notification requirement may result in the revocation of the registration or license of such dealer.+>> << NJ ADC 13:54-3.6 >> 13:54-3.6 Exceptions for corporations (a) A public corporation whose stock is listed on a major stock exchange at the time of filing of an application for a retail dealer license shall not be required to furnish the personal data as set forth in the application form for officers or directors of such corporation or for the stockholders of such corporation unless such officers, directors or stockholders directly engage in the sale or purchase of firearms for the corporation <<+or such officers, directors or stockholders hold or possess the actual or equitable controlling interest in such corporation+>>. (b) (No change.) << NJ ADC 13:54-3.7 >> 13:54-3.7 Licensing of retail dealers and employees (a)-(b) (No change.) <<-(c) The judge shall issue a license to an applicant:->> <<-1. Who conforms to the standards and qualifications prescribed by the Superintendent;->> <<-2. Who may engage in business as a retail dealer without any danger to the public safety, health or welfare; and->> <<-3. Who is not subject to any of the disabilities which would prevent him from obtaining a permit to purchase a handgun or a firearms purchaser identification card as provided by this chapter.->> Recodify existing (d) and (e) as <<+(c) and (d)+>> (No change in text.) << NJ ADC 13:54-3.8 >> 13:54-3.8 Duration of retail dealer license A retail dealer license shall be effective for three years from the date of issuance. If a retail dealer license is renewed, it shall be effective for three years from the date of the expiration of the initial or most recent license. <<+The Superintendent may in the exercise of his or her discretion allow a person who timely files a proper application for renewal of a retail dealer license to continue operations authorized by the expired license for no more than 180 days from the date of expiration or until the application is finally acted upon by the Superior Court, whichever occurs first. If a person does not timely file a retail dealer license renewal application on the appropriate application form designated by the Superintendent with a judge of the Superior Court in the county where the applicant maintains his or her place of business, along with the fee of $50.00 payable to the Superintendent, andthe license expires, that person must obtain the required license before continuing the business activity covered by the license.+>> << NJ ADC 13:54-3.9 >> 13:54-3.9 Conditions of issuance of license; revocation (a) All licenses issued pursuant to this subchapter shall be subject to the following conditions, the breach of <<+any of+>> which may result in license revocation <<+after notice and hearing+>> by the <<+issuing+>> court, <<-after notice,->> upon the application of <<-the Superintendent->> <<+any law enforcement officer+>>. 1.-4. (No change.) 5. No handgun shall be delivered to any person, other than a licensed or registered retail or wholesale dealer or manufacturer, or a law enforcement agency as provided by this chapter, unless: i. Such person possesses and exhibits a valid permit to purchase a handgun and at least seven days have elapsed since the date of application for the permit; ii. The person is personally known to the seller or presents evidence of his identity; <<-and->> iii. The handgun is unloaded and securely wrapped<<-.->><<+; and+>> <<+iv. The handgun is accompanied by a trigger lock or a locked case, gun box, container or other secure facility; provided, however, this provision shall not apply to antique handguns. The exemption afforded under this subparagraph for antique handguns shall be narrowly construed, limited solely to the requirements set forth herein and shall not be deemed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey statutes.+>> 6. The dealer shall keep a true record of every firearm sold, given or otherwise delivered or disposed of <<+and the record shall note that a trigger lock, locked case, gun box, container or other secure facility was delivered along with the handgun+>>, in accordance with the provisions of <<-this chapter->> <<+N.J.S.A. 2C:58-2(a)(6) and 2C:58-2(b) through (e)+>>. <<+The dealer shall adhere to the following procedures:+>> <<+i. Complete and keep a form of register, which is part of the permit to purchase a handgun (designated SP-671) for each handgun sold and obtain the information sought by the form of register and obtain the signature and address of the purchaser in the purchaser's own handwriting;+>> <<+ii. Complete in a legible manner the permit to purchase a handgun in the space provided on the form;+>> <<+iii. Forward the permit to purchase a handgun and form of register copies to the respective individuals, as noted on the forms, within five days of the date of sale. If the issuing authority is the State Police, both the original and the second copy of the permit to purchase and the form of register are to be forwarded to the State Police; and +>> <<+iv. Retain the form of register and make it available for inspection by any law enforcement officer at reasonable hours.+>> 7. The license holder <<-no longer qualifies->> <<+shall continue to qualify+>> for the issuance of a permit to purchase a handgun or firearms purchaser identification card <<-or poses->> <<+and shall not pose+>> a danger to the public health, safety or welfare. 8. (No change.) <<+9. The dealer shall continue to comply with local zoning requirements.+>> <<-9.->><<+(b)+>> Any person having knowledge that a person licensed pursuant to this chapter has violated any of the foregoing conditions or is otherwise unqualified to hold a license pursuant to the requirements of this chapter, may notify any law enforcement officer, who shall in turn notify the Superintendent, who may take such action as may be deemed appropriate. << NJ ADC 13:54-3.10 >> 13:54-3.10 Renewal of retail dealers and employees licenses <<+(a) An applicant for renewal of a retail firearms dealers license need not be fingerprinted again at the discretion of the Superintendent, provided such applicant completes a request for "Criminal History Records Check," form SBI 212A, and submits the required fee for processing such form.+>> <<+(b) An applicant for renewal of a retail firearms dealers license need not submit additional proof of zoning compliance to the Superintendent. Dealers are nevertheless required to notify the Superintendent within 48 hours of receiving written notice from the local zoning official or other competent authority that they are not in compliance with such local zoning requirements. The failure of a retail dealer to comply with this notification requirement may result in the revocation of the registration or license of such dealer.+>> <<-(a)->><<+(c)+>> An applicant for renewal of a retail <<+ firearms+>> dealer license shall follow all <<-of the same->> <<+ other+>> procedures required for the issuance of an initial license, including completion of form <<-NJSP 641->> <<+SP 649+>> and submission of a consent for mental health records form <<-STS1->> <<+SP 66+>>. Such applications shall be accompanied by a nonrefundable fee of $50.00 payable to the Superintendent and the fee established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69).->> <<-(b)->><<+(d)+>> <<-In addition to the licensee->> <<+The employee's license is valid only so long as the employer's retail dealer license is valid, and therefore employees' licenses must be renewed simultaneously with the employer's license. To this end+>>, all licensed employees who engage in the purchase or sale of firearms, ammunition or engage in gunsmithing, must also submit renewal applications to continue transacting business on behalf of the licensee, including completion of form <<-NJSP 641->> <<+SP 649+>> and submission of a consent for mental health records form <<-ST-1->> <<+SP 66+>>. Such applications shall be accompanied by a nonrefundable fee of $5.00 payable to the Superintendent and the fee established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69).->> <<+The applicant shall also complete a request for "Criminal History Records Check" form SBI 212A and the applicant shall pay the appropriate fee as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq.+>> <<-(c)->><<+(e)+>> (No change in text.) << NJ ADC 13:54-3.12 >> 13:54-3.12 Requirements for sale of rifle, shotgun, antique cannon or receiver <<-Every purchaser, other than a licensed or registered retail or wholesale dealer or manufacturer, or law enforcement agency as provided by this chapter, must present a valid firearms purchaser identification card to the dealer who is required to confirm the identity of the purchaser. The purchaser must also sign a certificate of eligibility (NJSP 634), filled out by the dealer or his licensed employee, for each rifle, shotgun, antique cannon or receiver purchased. The certificate shall indicate that the purchaser presently complies with all of the requirements for obtaining an identification card, and shall set forth the purchaser's name, address and identification card number. The certificate shall be retained by the dealer. Prior->> <<+In addition to complying with the other requirements of this chapter concerning the transfer, disposition, receipt or acquisition of a rifle, shotgun or antique cannon, prior+>> to completing the sale or transfer of a rifle, shotgun, or receiver<<+, as defined under Federal law,+>> the retail dealer shall initiate a NICS check with the Division of State Police. << NJ ADC 13:54-3.13 >> 13:54-3.13 Requirements for sale of a handgun or frame <<-(a) Every purchaser, other than a licensed or registered retail or wholesale dealer or manufacturer, or law enforcement agency as provided by this chapter, must present a valid permit to purchase a handgun to the dealer who is required to confirm the identity of the purchaser. A permit is valid for the purchase of one handgun or receiver. The dealer is also required to adhere to the following procedures:->> <<-1. Complete and keep a form of register, which is part of the permit to purchase a handgun (designated SP-671) for each handgun sold and obtain the information sought by the form of register and obtain the signature and address of the purchaser in the purchaser's own handwriting;->> <<-2. Complete in a legible manner the permit to purchase a handgun in the space provided on the form;->> <<-3. Deliver the handgun unloaded and securely wrapped;->> <<-4. Forward the permit to purchase a handgun and form of register copies to the respective individuals, as noted on the forms, within five days of the date of sale. If the issuing authority is the State Police, both the original and the second copy of the permit to purchase and the form of register are to be forwarded to the State Police;->> <<-5. Retain the form of register and make it available for inspection by any law enforcement officer at reasonable hours; and->> <<-6. Prior->> <<+In addition to complying with the other requirements of this chapter concerning the transfer, disposition, receipt or acquisition of a handgun, prior+>> to completing the sale or transfer of a handgun or frame<<+, as defined under Federal law, +>> the retail dealer shall initiate a NICS check with the Division of State Police. << NJ ADC 13:54-3.14 >> 13:54-3.14 Permanent record of receipt and disposition of firearms and ammunition (a) Every retail dealer of firearms or gunsmith shall maintain a permanent record of each firearm acquisition and disposition, including firearm frames and receivers. The record shall be maintained in a bound form and shall be kept at the location where the business is being conducted. <<+The record of purchase or acquisition shall consist of invoices or other commercial records which shall be filed in an orderly manner separate from other commercial records maintained.+>> The purchase or other acquisition of a firearm by the licensed dealer must be recorded no later than at the close of the next business day following the date of such purchase or other acquisition. The record shall show the date each firearm was purchased or otherwise acquired, the type, manufacturer, importer, caliber or gauge, model, name and address of the person from whom received, and the serial number of the firearm. The sale or other disposition of a firearm must be recorded by the licensed dealer not later than the close of the next business day following the date of such sale or disposition. The record shall show the date of sale or other disposition of each firearm, the name and address of the person to whom the firearm was transferred, and the type, manufacturer, importer, caliber or gauge, model and the serial number of the firearm. The information prescribed for the record required by this subchapter shall be in addition to the maintenance of the form of register SP 671 and the certificate of eligibility NJSP 634. <<+The dealer shall note in the case of the transaction of a handgun to an individual, that the handgun was accompanied by a trigger lock or a locked case, gun box, container or other secure facility; provided, however, this provision shall not apply to antique handguns.+>> (b)-(c) (No change.) (d) <<-Body->> <<+No person shall sell, give, transfer, assign or otherwise dispose of body+>> armor penetrating bullets <<-shall only be sold->> <<+except+>> to a Federally licensed collector of firearms and ammunition who possesses a valid Collector of Curios and Relics License as defined in Title 18 U.S.C.

921(a)(13) or to the Armed Forces of the United States or the National Guard, law enforcement agencies and licensed firearms dealers. 1. (No change.) 2. The seller shall record all sales of such ammunition including the name of the purchaser, the agency represented, the authorizing chief of police or the other authorized law enforcement officer, or the highest ranking authorized military officer, the date, time and amount of ammunition. <<+If the sale or disposition was to a law enforcement agency, the record shall also include the written authorization of the chief of police or highest ranking official of the agency.+>> 3. (No change.) << NJ ADC 13:54-3.15 >> 13:54-3.15 Sale of firearms to the military and to law enforcement officers Retail dealers licensed by this chapter may sell firearms to the Armed Forces of the United States, the National Guard and to law enforcement agencies. Retail dealers must maintain records of sale or disposition of firearms to any of the aforementioned entities or agencies. The records shall include the name of the entity or agency, and a written authorization of purchase on the official letterhead of the Superintendent, chief of police or the law enforcement officer or military officer officially authorized to make such purchases on behalf of the agency or governmental entity <<+and copies of any payment vouchers used to acquire such firearms+>>. The records shall specify the type, manufacturer, importer, caliber or gauge, model and serial number of each firearm purchased. The records shall also indicate the name and rank of the law enforcement or military officer authorized to make the purchase, including the date and time of the sale or disposition. The dealers shall maintain such records for inspection by law enforcement officers at reasonable hours. Sales of assault firearms and machine guns shall be in accordance with N.J.A.C. 13:54-5.1 and copies of records of such sales shall be forwarded to the Superintendent within 48 hours of the sale. << NJ ADC 13:54-3.16 >> 13:54-3.16 Records available to Division of State Police Records are to be retained by the dealer and shall<<-, for administrative and law enforcement purposes,->> be made available for inspection during reasonable hours to any member of the Division of State Police. << NJ ADC 13:54-3.18 >> <<-13:54-3.18 Appeal->> <<-Any person making application for a retail dealer license, who is denied approval by a Superior Court judge of the county wherein the application was made, may file an appeal in accordance with law.->> << NJ ADC 13:54-19 >> << NJ ADC 13:54-18 >> 13:54-<<-3.19->><<+3.18+>> (No change in text.) SUBCHAPTER 4. WHOLESALE DEALERS, MANUFACTURERS AND WHOLESALE DEALERS<<+'+>> AGENTS AND EMPLOYEES << NJ ADC 13:54-4.2 >> 13:54-4.2 Registration required No person shall manufacture or sell at wholesale any firearm or part of a firearm unless he has been registered by the Superintendent under the provisions of this chapter. <<+This section does not apply to a person who exclusively processes or deals exclusively in grips, stocks and other nonmetal parts of firearms+>>. << NJ ADC 13:54-4.3 >> 13:54-4.3 Application for a certificate of registration (a) Every person<<-, partnership or corporation->> applying for a certificate of registration shall furnish such information and particulars required by the applications forms designated STS 280 and 280A. The forms may be obtained from the Firearms Investigation Unit, Division of State Police, Box 7068, West Trenton, New Jersey <<- 08625->> <<+08628+>>. All corporations<<+, partnerships and other business organizations +>> applying for registration shall, in addition to the applications, submit a valid copy of the most recent certificate of incorporation, or such other documentation establishing the corporation<<+, partnership or other business organization+>> as a legal entity. (b) (No change.) (c) The completed application together with two sets of the applicant's fingerprints, a consent for mental health records search form <<-STS- 1->> <<+SP 66+>> and a nonrefundable fee of $150.00 payable to the Superintendent, in addition to the fees as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69)->>, shall be submitted to the Superintendent. << NJ ADC 13:54-4.4 >> 13:54-4.4 Standards and qualifications (a) <<-Every individual proprietor, every member of a partnership, and every officer and director of a corporation, registered as a wholesale dealer and/or manufacturer of firearms shall be over the age of 21 and shall possess the qualifications required to obtain a permit to purchase a handgun or a firearms purchaser identification card as provided in this chapter.->> <<+No registration shall be granted under this subchapter to any manufacturer or wholesale dealer of firearms under the age of 21 years or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person+>>. (b) No wholesale dealer or firearms manufacturer registered as provided in this subchapter shall permit any wholesale dealer's agents, employees or other persons to engage in the purchase or sale or offering for sale of firearms or <<-finished->> parts of firearms, unless such agents, employees or persons are over the age 18 and are licensed by the Superintendent. Such persons must submit to the Superintendent completed application form NJSP 641, two sets of fingerprints and consent for mental health records search form<<+,+>> <<-STS-1->> <<+SP 66+>>. <<+An employee who possesses a firearms purchaser identification card need not be fingerprinted, provided that the number of the firearms purchaser identification card is included in the space provided on the application, and provided that the employee continues to be eligible to retain such card in accordance with the provisions of this chapter.+>> The Superintendent shall issue licenses to such persons if they qualify to obtain a permit to purchase a handgun or to possess a firearms purchaser identification card as provided in this chapter, and would not pose a danger to the public health, safety or welfare. A nonrefundable fee of $5.00 shall be paid by the employer to the Superintendent for each agent, employee or person in addition to the fees established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69)->>. (c) An employee who is licensed by the Superintendent to engage in the purchase<<-,->> <<+or+>> sale <<-or manufacture->> of firearms is licensed until such time as he or she terminates his or her employment with the wholesale dealer or manufacturer or becomes disabled as provided in this chapter. <<-(d) Should an employee be transferred from his or her licensed location to another location, by the same registered employer, that employee shall apply for a transfer of his or her employee license by submitting application form NJSP-641, consent for mental health records search form STS-1, and shall surrender his or her current employee license to the Superintendent.->> <<-(e)->><<+(d)+>> A wholesale dealer and/or manufacturer shall, within five days, return to the Superintendent any employee license for an employee who has been terminated<<-, transferred->> or has become disqualified as provided by this chapter. <<-(f)->><<+(e)+>> (No change in text.) <<+(f) A wholesale dealer and/or manufacturer shall not receive initial permission from the Superintendent to conduct a wholesale/ manufacturer firearms business unless local zoning requirements have been satisfied for the operation of such a business, and the Superintendent has been notified in writing that such requirements have been satisfied. The Superintendent may, in his or her discretion, decline to process or investigate an application for an initial retail dealer license until such time as the applicant demonstrates compliance with local zoning requirements. After the issuance of the initial registration, a wholesale dealer and/or manufacturer has a continuing obligation to remain in compliance with local zoning requirements and to notify the Superintendent within 48 hours of receiving written notice from the local zoning official or other competent authority that he or she is not in compliance with such local zoning requirements. The failure of the wholesale dealer and/or manufacturer to comply with this notification requirement may result in the revocation of the registration or license of such dealer and/or manufacturer+>>. <<+(g) An applicant for renewal of a wholesale firearms dealers and/or manufacturer of firearms license need not submit additional proof of zoning compliance to the Superintendent. Wholesale dealers and/or manufacturers are nevertheless required to notify the Superintendent within 48 hours of receiving written notice from the local zoning official or other competent authority that they are not in compliance with such local zoning requirements. The failure of a wholesale dealer and/or manufacturer to comply with this notification requirement may result in the revocation of the registration or license of such wholesale dealer and/or manufacturer.+>> << NJ ADC 13:54-4.6 >> 13:54-4.6 Exceptions for corporations (a) A public corporation whose stock is listed on a major stock exchange at the time of the filing of an application for registration as a wholesale dealer and/or manufacturer of firearms, shall not be required to furnish the personal data as set forth in the application form STS-280, for officers or directors of such corporation or for the stockholders of such corporation, unless such officers, directors or stockholders directly engage in the sale or purchase of firearms for the corporation <<+or such officers, directors or stockholders hold or possess the actual or equitable controlling interest in such corporation+>>. (b) (No change.) << NJ ADC 13:54-4.9 >> 13:54-4.9 Renewal of certificate of registration and agents' and employees' licenses (a) An applicant for renewal of a certificate of registration shall follow the same procedures as required for the issuance of initial registration, including completion of forms STS 280 and 280A and a consent for mental health records form <<-STS-1->> <<+SP 66 +>>. Renewal application(s) shall be accompanied with a nonrefundable fee of $150.00 payable to the Superintendent and the fee established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. <<-(P.L. 1985, c.69)->>. <<+An applicant for renewal of a certificate of registration need not be fingerprinted again at the discretion of the Superintendent such applicant may complete a request for "Criminal History Records Check" form SBI 212A and submit the required fee for processing such form.+>> (b) <<-In addition to the registrant, all licensed employees who engage in the purchase or sale of firearms or parts of firearms must also submit renewal applications on form NJSP 641 and a consent for mental health records form STS 1 in order to continue to transact business on behalf of the registrant. Such applications shall be accompanied by a nonrefundable fee of $5.00 payable to the Superintendent and the fee established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. (P.L. 1985, c.69).->> <<+ The employee's wholesale dealer's agent license is valid only so long as the employer's wholesale dealer registration or firearms manufacturer registration is valid, and therefore such a license must be renewed simultaneously with the employer's registration. To this end, all licensed wholesale dealer's agents who engage in the purchase or sale or offering for sale of firearms or parts of firearms must also submit renewal applications to continue transacting business on behalf of the registered person, including completion of form SP 641 and submission of a consent for mental health records form, SP 66. Such applications shall be accompanied by a nonrefundable fee of $5.00 payable to the Superintendent and the fee established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. An applicant for renewal of a wholesale dealer's agent license need not be fingerprinted again at the discretion of the Superintendent provided such applicant completes a request for "Criminal History Records Check," form SBI 212A, and submits the required fee of processing such form.+>> (c) (No change.) << NJ ADC 13:54-4.10 >> 13:54-4.10 Revocation of certificate of registration (a) Any certificate of registration may be revoked for breach of any of the conditions under which it was granted, or any conditions provided for in this chapter by the Superintendent<<+, after reasonable notice to all affected parties and a hearing, if requested+>>. (b) Any employee license may be revoked for breach of any conditions under which it was granted, or any conditions provided for in this chapter, by the Superintendent<<+, after reasonable notice to all affected parties and a hearing, if requested+>>. (c) Any certificate of registration or employee license shall be revoked <<+ by the Superintendent, after reasonable notice to all affected parties and a hearing, if requested+>>, if the holder no longer qualifies for the issuance of a permit to purchase a handgun or a firearms purchaser identification card, or if the person poses a danger to the public health, safety or welfare. (d) (No change.) << NJ ADC 13:54-4.11 >> <<-13:54-4.11 Appeals->> <<-Any person who has been refused registration as a manufacturer or wholesale dealer or any person whose name has been removed from registration by the Superintendent or any person who has been denied an employee's license, may appeal to the Superintendent within 30 days. If the appeal is denied by the Superintendent, such person may appeal to the Appellate Division of the Superior Court.->> << NJ ADC 13:54-4.12 >> << NJ ADC 13:54-4.11 >> 13:54-<<-4.12->><<+4.11+>> (No change in text.) << NJ ADC 13:54-4.13 >> << NJ ADC 13:54-4.12 >> 13:54-<<-4.13->><<+4.12+>> Records available to <<-law enforcement agencies->> <<+ Division of State Police+>> Records are to be retained by wholesale dealers and/or manufacturers and shall<<-, for administrative and law enforcement purposes,->> be made available for inspection during reasonable hours to any member of the Division of State Police. Recodify existing N.J.A.C. 13:54-4.14 and 4.15 as <<+4.13 and 4.14+>> (No change in text.) SUBCHAPTER 5. MACHINE GUNS, ASSAULT FIREARMS AND LARGE CAPACITY MAGAZINES << NJ ADC 13:54-5.1 >> 13:54-5.1 Purchase or sale of assault firearms and machine guns <<-(a) No person<<+,+>> shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase or otherwise acquire a machine gun or an assault firearm unless the purchaser, assignee, donee, receiver or holder:->> <<-1. Is licensed as a retail or wholesale dealer pursuant to this chapter;->> <<-2. Has first secured a license to purchase, possess or carry a machine gun or an assault firearm in accordance with N.J.S.A. 2C:58-5; or->> <<-3. Is in the Armed Forces, the National Guard or a law enforcement agency employing persons who are authorized to possess and carry assault firearms and/or machine guns->> <<+(a) No person, except as provided in N.J.S.A. 2C:39-6, shall possess a machine gun without first having obtained a license in accordance with the provisions of this chapter, or shall possess an assault firearm without first having obtained a license in accordance with the provisions of this chapter, registered the assault firearm pursuant to N.J.S.A. 2C:58-12, or rendered the assault firearm inoperable pursuant to N.J.S.A. 2C:58-13+>>. (b) Any <<-retail dealer licensed pursuant to this chapter->> <<+ licensed dealer in firearms+>> who sells or otherwise transfers a machine gun or an assault firearm shall confirm both the identity of the purchaser, and in the case of a licensee, the validity of the license. A machine gun or assault firearm shall be delivered unloaded and securely wrapped. <<+(c) A licensed dealer who accepts an assault firearm and/or machine gun from a private citizen for transfer, resale or repair shall within 48 hours of such acquisition notify the Superintendent. Such dealer shall maintain possession of the assault firearm and/or machine gun, until he or she receives permission from the Superintendent to proceed with the transfer, resale or repair of the weapon. Failure by the dealer to comply with this requirement may result in the revocation of the license or registration of such dealer+>>. <<-(c)->><<+(d)+>> (No change in text.) << NJ ADC 13:54-5.2 >> 13:54-5.2 License to purchase, possess or carry a machine gun or assault firearm (a) (No change.) (b) The report of the county prosecutor shall be served upon the Superintendent and the chief of police of every municipality in which the applicant intends to carry the machine gun or assault firearm<<-. The Superintendent and/or the chief of police, or their designees, may personally appear and oppose the issuance of any license to acquire a machine gun or assault firearm. If the court issues a license, the Superintendent and/or chief of police, or their designees, may appeal that decision in accordance with the Rules of Court.->><<+, unless, for good cause shown, the court orders notice to be given wholly or in part by publication+>>. <<+Any person aggrieved by the decision of the court in granting or denying an application, including the applicant, the prosecutor, or any law enforcement officer entitled to notice under this section who appeared in opposition to the application, may appeal said decision in accordance with law and the rules governing the courts of this State.+>> (c)-(d) (No change.) << NJ ADC 13:54-5.3 >> 13:54-5.3 Disposition of machine gun or assault firearm upon death of licensee or registered holder (a) If the holder of a license to purchase, possess or carry a machine gun or assault firearm dies, or if the owner of an assault firearm which has been registered pursuant to N.J.S.A. 2C:58-12 dies, then the heirs or estate of the deceased person shall have 90 days from the date of death to transfer the firearm to a licensed dealer or person or firm lawfully entitled to own or possess such firearm; voluntarily surrender the firearm pursuant to the provisions of N.J.S.A. 2C:39-12; or<<-,only in the case of an assault firearm,->> render the firearm inoperable pursuant to the provisions of N.J.S.A. 2C:58-13. <<-In the case of a machine gun, the heir or estate shall immediately deliver it to the chief of police, or Superintendent where there is no full time police department or where the heir or estate is a non- resident, until such time as it is sold or voluntarily surrendered. In the case of an assault firearm, it shall be immediately delivered to the appropriate chief of police or the Superintendent in the event that the heir does not hold, or qualify to hold, a firearms purchaser identification card or a permit to purchase a handgun. The chief of police or the Superintendent shall hold such firearms until they are disposed of in accordance with this section.->> <<+ In the event that the heir or legatee of the machine gun or assault firearm does not qualify for a firearms purchaser identification card or a permit to purchase a handgun, he or she must immediately transfer possession of such firearm to the chief law enforcement officer of the municipality or the Superintendent during such 90 day period.+>> (b) (No change.) << NJ ADC 13:54-5.6 >> 13:54-5.6 Advertising sale of machine gun, assault firearm or semi-automatic rifle No <<-retail dealer or wholesale dealer licensed pursuant to this chapter->> <<+person +>> shall offer to sell a machine gun, semi-automatic rifle or assault firearm by means of an advertisement published in a newspaper circulating within this State, <<-which advertisement does not state->> <<+unless the advertisement states+>> that the purchaser shall hold a valid license to purchase and possess a machine gun or assault firearm or, in the case of a semi-automatic rifle that is not an assault firearm, a valid firearms purchaser identification card. SUBCHAPTER 6. SECURITY SYSTEMS FOR DEALERS << NJ ADC 13:54-6.6 >> 13:54-6.6 Report concerning theft of firearms (a) Dealers are required to complete form <<-STS-62->> <<+SP 515+>> and such other forms as shall be required by the Superintendent, reporting the loss of firearm(s) and/or ammunition, as a result of a burglary, robbery or any other cause, from the business premise. The dealer shall forward the completed form to the Superintendent within 48 hours of the loss or theft of firearm(s) and/or ammunition. The police department where the business is located shall be notified by the dealer of the theft or loss of firearm(s) and/or ammunition as soon as such loss or theft is discovered. (b)-(c) (No change.) 34 N.J.R. 211(a) END OF DOCUMENT