Increases from 18 to 21 age at which person is eligible to receive firearms purchaser identification.

A1481

ASSEMBLY, No. 1481

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Co-Sponsored by:

Assemblyman Karabinchak, Assemblywomen Reynolds-Jackson,
Swain, Assemblyman Tully, Assemblywomen Haider, Park, Assemblymen Spearman,
Sampson, Moen, Verrelli, Assemblywomen Tucker, Quijano, Assemblymen Stanley and
Venezia

SYNOPSIS

���� Increases from 18 to 21 age at which person is
eligible to receive firearms purchaser identification.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the purchase and possession of firearms,
amending N.J.S.
2C:58-3 and P.L.1979, c.179, and supplementing Title 2C
of the New Jersey Statutes.�

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

���� 1.��� N.J.S.2C:58-3 is amended
to read as follows:

���� 2C:58-3.� a.� Permit to
purchase a handgun.

���� (1) No person shall sell,
give, transfer, assign or otherwise dispose of, nor receive, purchase, or
otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or
holder is licensed as a dealer under this chapter or has first secured a permit
to purchase a handgun as provided by this section.

���� (2) A person who is not a
licensed retail dealer and sells, gives, transfers, assigns, or otherwise
disposes of, or receives, purchases or otherwise acquires a handgun pursuant to
this section shall conduct the transaction through a licensed retail dealer.�

���� The provisions of this
paragraph shall not apply if the transaction is:

���� (a) between members of an
immediate family as defined in subsection n. of this section;

���� (b) between law enforcement
officers;�

���� (c) between collectors of
firearms or ammunition as curios or relics as defined in Title 18, U.S.C.
section 921 (a) (13) who have in their possession a valid Collector of Curios
and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
or

���� (d) a temporary transfer
pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) or section 1 of P.L.1997,
c.375 (C.2C:58-3.2).

���� (3) Prior to a transaction
conducted pursuant to this subsection, the retail dealer shall complete a
National Instant Criminal Background Check of the person acquiring the
handgun.� In addition:

���� (a) the retail dealer shall
submit to the Superintendent of State Police, on a form approved by the
superintendent, information identifying and confirming the background check;

���� (b) every retail dealer shall
maintain a record of transactions conducted pursuant to this subsection, which
shall be maintained at the address displayed on the retail dealer's license for
inspection by a law enforcement officer during reasonable hours;

���� (c) a retail dealer may charge
a fee for a transaction conducted pursuant to this subsection; and

���� (d) any record produced
pursuant to this subsection shall not be considered a public record pursuant to
P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).

���� b.��� Firearms purchaser
identification card.

���� (1) No person shall sell,
give, transfer, assign or otherwise dispose of nor receive, purchase or
otherwise acquire an antique cannon or a rifle or shotgun, other than an
antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or
holder is licensed as a dealer under this chapter or possesses a valid firearms
purchaser identification card, and first exhibits the card to the seller,
donor, transferor or assignor, and unless the purchaser, assignee, donee,
receiver or holder signs a written certification, on a form prescribed by the
superintendent, which shall indicate that he presently complies with the
requirements of subsection c. of this section and shall contain his name,
address and firearms purchaser identification card number or dealer's
registration number.� The certification shall be retained by the seller, as
provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of
a person who is not a dealer, it may be filed with the chief of police of the
municipality in which he resides or with the superintendent.

���� (2) A person who is not a
licensed retail dealer and sells, gives, transfers, assigns, or otherwise
disposes of, or receives, purchases or otherwise acquires an antique cannon or
a rifle or shotgun pursuant to this section shall conduct the transaction through
a licensed retail dealer.�

���� The provisions of this
paragraph shall not apply if the transaction is:

���� (a) between members of an
immediate family as defined in subsection n. of this section;

���� (b) between law enforcement
officers;

���� (c) between collectors of
firearms or ammunition as curios or relics as defined in Title 18, U.S.C.
section 921 (a) (13) who have in their possession a valid Collector of Curios
and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
or

���� (d) a temporary transfer
pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) and section 1 of
P.L.1997, c.375 (C.2C:58-3.2).

���� (3) Prior to a transaction
conducted pursuant to this subsection, the retail dealer shall complete a
National Instant Criminal Background Check of the person acquiring an antique
cannon or a rifle or shotgun.� In addition:

���� (a) the retail dealer shall
submit to the Superintendent of State Police, on a form approved by the
superintendent, information identifying and confirming the background check;

���� (b) every retail dealer shall
maintain a record of transactions conducted pursuant to this section which
shall be maintained at the address set forth on the retail dealer's license for
inspection by a law enforcement officer during reasonable hours;

���� (c) a retail dealer may charge
a fee for a transaction conducted pursuant to this subsection; and

���� (d) any record produced
pursuant to this subsection shall not be considered a public record pursuant to
P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).

���� c.���� Who may obtain.� No
person of good character and good repute in the community in which he lives,
and who is not subject to any of the disabilities set forth in this section or
other sections of this chapter, shall be denied a permit to purchase a handgun
or a firearms purchaser identification card, except as hereinafter set forth.�
No handgun purchase permit or firearms purchaser identification card shall be
issued:

���� (1) To any person who has been
convicted of any crime, or a disorderly persons offense involving an act of
domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19),
whether or not armed with or possessing a weapon at the time of the offense;

���� (2) To any drug-dependent
person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person
who is confined for a mental disorder to a hospital, mental institution or
sanitarium, or to any person who is presently an habitual drunkard;

���� (3) To any person who suffers
from a physical defect or disease which would make it unsafe for him to handle
firearms, to any person who has ever been confined for a mental disorder, or to
any alcoholic unless any of the foregoing persons produces a certificate of a
medical doctor or psychiatrist licensed in New Jersey, or other satisfactory
proof, that he is no longer suffering from that particular disability in a
manner that would interfere with or handicap him in the handling of firearms;
to any person who knowingly falsifies any information on the application form
for a handgun purchase permit or firearms purchaser identification card;

���� (4)
[
To
]

Except as provided by section
3 of P.L.��� , c. (C. )(pending before
the Legislature as this bill), to
any person under
[
the age of 18
years for a firearms purchaser identification card and to any person under
]
the age of 21
years
[
for
a permit to purchase a handgun
]
;

���� (5) To any person where the
issuance would not be in the interest of the public health, safety or welfare;

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

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

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

���� (9) To any person named on the
consolidated Terrorist Watchlist maintained by the Terrorist Screening Center
administered by the Federal Bureau of Investigation;

���� (10) To any person who is
subject to a court order prohibiting the custody, control, ownership, purchase,
possession, or receipt of a firearm or ammunition issued pursuant to the
"Extreme Risk Protective Order Act of 2018", P.L.2018, c.35 (C.2C:58-20
et al.); or

���� (11) To any person who is
subject to a court order prohibiting the custody, control, ownership, purchase,
possession, or receipt of a firearm or ammunition issued pursuant to P.L.2021,
c.327 (C.2C:12-14 et al.).

���� d.��� Issuance.� The chief of
police of an organized full-time police department of the municipality where
the applicant resides or the superintendent, in all other cases, shall upon
application, issue to any person qualified under the provisions of subsection
c. of this section a permit to purchase a handgun or a firearms purchaser
identification card.

���� Any person aggrieved by the
denial of a permit or identification card may request a hearing in the Superior
Court of the county in which he resides if he is a resident of New Jersey or in
the Superior Court of the county in which his application was filed if he is a
nonresident.� The request for a hearing shall be made in writing within 30 days
of the denial of the application for a permit or identification card.� The
applicant shall serve a copy of his request for a hearing upon the chief of
police of the municipality in which he resides, if he is a resident of New
Jersey, and upon the superintendent in all cases.� The hearing shall be held
and a record made thereof within 30 days of the receipt of the application for
a hearing by the judge of the Superior Court.� No formal pleading and no filing
fee shall be required as a preliminary to a hearing.� Appeals from the results
of a hearing shall be in accordance with law.

���� e.���� Applications.�
Applications for permits to purchase a handgun and for firearms purchaser
identification cards shall be in the form prescribed by the superintendent and
shall set forth the name, residence, place of business, age, date of birth,
occupation, sex and physical description, including distinguishing physical
characteristics, if any, of the applicant, and shall state whether the
applicant is a citizen, whether he is an alcoholic, habitual drunkard,
drug-dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2),
whether he has ever been confined or committed to a mental institution or
hospital for treatment or observation of a mental or psychiatric condition on a
temporary, interim or permanent basis, giving the name and location of the
institution or hospital and the dates of confinement or commitment, whether he
has been attended, treated or observed by any doctor or psychiatrist or at any
hospital or mental institution on an inpatient or outpatient basis for any
mental or psychiatric condition, giving the name and location of the doctor,
psychiatrist, hospital or institution and the dates of the occurrence, whether
he presently or ever has been a member of any organization which advocates or
approves the commission of acts of force and violence to overthrow the
Government of the United States or of this State, or which seeks to deny others
their rights under the Constitution of either the United States or the State of
New Jersey, whether he has ever been convicted of a crime or disorderly persons
offense, whether the person is subject to a restraining order issued pursuant
to the "Prevention of Domestic Violence Act of 1991", P.L.1991, c.261
(C.2C:25-17 et seq.) prohibiting the person from possessing any firearm,
whether the person is subject to a protective order issued pursuant to the
"Extreme Risk Protective Order Act of 2018", P.L.2018, c.35
(C.2C:58-20 et al.), whether the person is subject to a protective order issued
pursuant to P.L.2021, c.327 (C.2C:12-14 et al.) prohibiting the person from
possessing any firearm, and other information as the superintendent shall deem
necessary for the proper enforcement of this chapter.� For the purpose of
complying with this subsection, the applicant shall waive any statutory or
other right of confidentiality relating to institutional confinement.� The
application shall be signed by the applicant and shall contain as references
the names and addresses of two reputable citizens personally acquainted with
him.

���� Application blanks shall be
obtainable from the superintendent, from any other officer authorized to grant
a permit or identification card, and from licensed retail dealers.

���� The chief police officer or
the superintendent shall obtain the fingerprints of the applicant and shall
have them compared with any and all records of fingerprints in the municipality
and county in which the applicant resides and also the records of the State
Bureau of Identification and the Federal Bureau of Investigation, provided that
an applicant for a handgun purchase permit who possesses a valid firearms
purchaser identification card, or who has previously obtained a handgun
purchase permit from the same licensing authority for which he was previously
fingerprinted, and who provides other reasonably satisfactory proof of his
identity, need not be fingerprinted again; however, the chief police officer or
the superintendent shall proceed to investigate the application to determine
whether or not the applicant has become subject to any of the disabilities set
forth in this chapter.

���� f.���� Granting of permit or
identification card; fee; term; renewal; revocation.� The application for the
permit to purchase a handgun together with a fee of $2, or the application for
the firearms purchaser identification card together with a fee of $5, shall be
delivered or forwarded to the licensing authority who shall investigate the
same and, unless good cause for the denial thereof appears, shall grant the
permit or the identification card, or both, if application has been made
therefor, within 30 days from the date of receipt of the application for
residents of this State and within 45 days for nonresident applicants.� A
permit to purchase a handgun shall be valid for a period of 90 days from the
date of issuance and may be renewed by the issuing authority for good cause for
an additional 90 days.� A firearms purchaser identification card shall be valid
until such time as the holder becomes subject to any of the disabilities set
forth in subsection c. of this section, whereupon the card shall be void and shall
be returned within five days by the holder to the superintendent, who shall
then advise the licensing authority.� Failure of the holder to return the
firearms purchaser identification card to the superintendent within the five
days shall be an offense under subsection a. of N.J.S.2C:39-10.� Any firearms
purchaser identification card may be revoked by the Superior Court of the
county wherein the card was issued, after hearing upon notice, upon a finding
that the holder thereof no longer qualifies for the issuance of the permit.�
The county prosecutor of any county, the chief police officer of any
municipality or any citizen may apply to the court at any time for the
revocation of the card.

���� There shall be no conditions
or requirements added to the form or content of the application, or required by
the licensing authority for the issuance of a permit or identification card,
other than those that are specifically set forth in this chapter.

���� g.��� Disposition of fees.�
All fees for permits shall be paid to the State Treasury if the permit is
issued by the superintendent, to the municipality if issued by the chief of
police, and to the county treasurer if issued by the judge of the Superior
Court.

���� h.��� Form of permit;
quadruplicate; disposition of copies. The permit shall be in the form
prescribed by the superintendent and shall be issued to the applicant in
quadruplicate.� Prior to the time he receives the handgun from the seller, the
applicant shall deliver to the seller the permit in quadruplicate and the
seller shall complete all of the information required on the form.� Within five
days of the date of the sale, the seller shall forward the original copy to the
superintendent and the second copy to the chief of police of the municipality
in which the purchaser resides, except that in a municipality having no chief
of police, the copy shall be forwarded to the superintendent.� The third copy
shall then be returned to the purchaser with the pistol or revolver and the
fourth copy shall be kept by the seller as a permanent record.

���� i.���� Restriction on number
of firearms person may purchase. Only one handgun shall be purchased or
delivered on each permit and no more than one handgun shall be purchased within
any 30-day period, but this limitation shall not apply to:

���� (1) a federal, State, or local
law enforcement officer or agency purchasing handguns for use by officers in
the actual performance of their law enforcement duties;

���� (2) a collector of handguns as
curios or relics as defined in Title 18, United States Code, section 921 (a)
(13) who has in his possession a valid Collector of Curios and Relics License
issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;

���� (3) transfers of handguns
among licensed retail dealers, registered wholesale dealers and registered
manufacturers;

���� (4) transfers of handguns from
any person to a licensed retail dealer or a registered wholesale dealer or
registered manufacturer;

���� (5) any transaction where the
person has purchased a handgun from a licensed retail dealer and has returned
that handgun to the dealer in exchange for another handgun within 30 days of
the original transaction, provided the retail dealer reports the exchange
transaction to the superintendent; or

���� (6) any transaction where the
superintendent issues an exemption from the prohibition in this subsection
pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).

���� The provisions of this
subsection shall not be construed 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;

���� A person shall not be
restricted as to the number of rifles or shotguns he may purchase, provided he
possesses a valid firearms purchaser identification card and provided further
that he signs the certification required in subsection b. of this section for
each transaction.

���� j.���� Firearms passing to
heirs or legatees.� Notwithstanding any other provision of this section
concerning the transfer, receipt or acquisition of a firearm, a permit to
purchase or a firearms purchaser identification card shall not be required for
the passing of a firearm upon the death of an owner thereof to his heir or
legatee, whether the same be by testamentary bequest or by the laws of
intestacy.� The person who shall so receive, or acquire the firearm shall,
however, be subject to all other provisions of this chapter. If the heir or
legatee of the firearm does not qualify to possess or carry it, he may retain
ownership of the firearm for the purpose of sale for a period not exceeding 180
days, or for a further limited period as may be approved by the chief law
enforcement officer of the municipality in which the heir or legatee resides or
the superintendent, provided that the firearm is in the custody of the chief
law enforcement officer of the municipality or the superintendent during that
period.

���� k.��� Sawed-off shotguns.�
Nothing in this section shall be construed to authorize the purchase or
possession of any sawed-off shotgun.

���� l.���� Nothing in this section
and in N.J.S.2C:58-2 shall apply to the sale or purchase of a visual distress
signalling device approved by the United States Coast Guard, solely for
possession on a private or commercial aircraft or any boat; provided, however,
that no person under the age of 18 years shall purchase nor shall any person
sell to a person under the age of 18 years a visual distress signalling device.

���� m.�� The provisions of
subsections a. and b. of this section and paragraphs (4) and (5) of subsection
a. of N.J.S.2C:58-2 shall not apply to the purchase of firearms by a law
enforcement agency for use by law enforcement officers in the actual
performance of the current or former judge's duties, which purchase may be made
directly from a manufacturer or from a licensed dealer located in this State or
any other state.

���� n.��� For the purposes of this
section, "immediate family" means a spouse, domestic partner as
defined in section 3 of P.L.2003, c.246 (C.26:8A-3), partner in a civil union
couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), parent, stepparent,
grandparent, sibling, stepsibling, child, stepchild, and grandchild, as related
by blood or by law.

(cf: P.L.2021, c.327, s.6)

���� 2.��� Section 14 of P.L.1979,
c.179 (C.2C:58-6.1) is amended to read as follows:

���� 14.� a.�
[
No
]

A

person under the age of
[
18
]

21

years shall
not
purchase, barter or otherwise acquire a firearm
[
and no person
under the age of 21 years shall purchase, barter or otherwise acquire a
]

or

handgun, unless the person is authorized to possess the handgun in connection
with the performance of official duties under the provisions of N.J.S.2C:39-6.

���� b.���
[
No person
under the age of 18 years shall possess, carry, fire or use a firearm except as
provided under paragraphs (1), (2), (3) and (4) of this subsection; and, unless
]

Unless

authorized in connection with the performance of official duties under the
provisions of N.J.S.2C:39-6,
[
no
]

a

person under the age of 21 years shall
not
possess, carry, fire or use a

firearm or
handgun except under the following circumstances:

���� (1)�� In the actual presence
or under the direct supervision of
[
his
father, mother
]

the person�s parent
or guardian, or some other person who holds a permit
to carry a handgun or a firearms purchaser identification card, as the case may
be; or

���� (2)�� For the purpose of
military drill under the auspices of a legally recognized military organization
and under competent supervision; or

���� (3)�� For the purpose of
competition, target practice, instruction, and training in and upon a firing
range approved by the governing body of the municipality in which the range is
located or the National Rifle Association and which is under competent supervision
at the time of such supervision or target practice or instruction and training
at any location; or

���� (4)�� For the purpose of
hunting during the regularly designated hunting season, provided that he
possesses a valid hunting license and has successfully completed a hunter's
safety course taught by a qualified instructor or conservation police officer
and possesses a certificate indicating the successful completion of such a
course.

���� c.���� A person who violates
this section shall be guilty of a crime of the fourth degree.� For purposes of
this section the fact that the act would not constitute a crime if committed by
an adult shall not be deemed to prohibit or require waiver of family court
jurisdiction pursuant to N.J.S.2C:4-11 or to preclude a finding of delinquency
under the "New Jersey Code of Juvenile Justice," P.L.1982, c.77
(C.2A:4A-20 et seq.), P.L.1982, c.79 (C.2A:4A-60 et seq.), P.L.1982, c.80
(C.2A:4A-76 et seq.) and P.L.1982, c.81

(C.2A:4A-70 et seq.).

(cf: P.L.2019, c.407, s.3)

���� 3.��� (New section)� a.� A
person who is at least 18 years of age and who is authorized to carry a firearm
in connection with the performance of official duties under the provisions of
N.J.S.2C:39-6 or is active duty military or a member of a reserve component of
the Armed Forces of the United States or the National Guard of this State may
obtain a firearms purchaser identification card pursuant to N.J.S.2C:58-3.�

���� b.��� A person who is at least
18 years of age and obtained a firearms purchaser identification card or owned
firearms prior to the effective date of P.L.�� , c.��� (pending before the
Legislature as this bill) may continue to purchase and possess firearms
following the effective date of P.L.���� , c.��� (pending before the
Legislature as this bill).

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill increases from 18 to
21 the age at which a person is eligible to receive a firearms purchaser
identification card used to purchase shotguns and rifles.� Under current law, a
person 18 years of age and older may obtain a firearms purchaser identification
card and a handgun purchaser is required to be at least 21 years old.��

���� Under the bill, a person under
the age of 21 would be allowed to possess a handgun, rifle, or shot gun under
the following circumstances:�

���� (1)�� in the actual presence
or under the direct supervision of a parent or guardian, or some other person
who holds a permit to carry a handgun or a firearms purchaser identification
card;

���� (2)�� for the purpose of
military drill under the auspices of a legally recognized military organization
and under competent supervision;

���� (3)�� for the purpose of
competition, target practice, instruction, and training in and upon a firing
range approved by the governing body of the municipality in which the range is
located or the National Rifle Association and which is under competent supervision
at the time of such supervision or target practice or instruction and training
at any location; or

���� (4)�� for the purpose of
hunting during the regularly designated hunting season, provided that the
person possesses a valid hunting license and has successfully completed a
hunter's safety course taught by a qualified instructor or conservation officer
and possesses a certificate indicating the successful completion of such a
course.

���� The bill permits active duty
military or a reserve component of the Armed Forces of the United States or the
National Guard of this State to obtain a firearms purchaser identification card
while under the age of 21.

���� The bill preserves current law
allowing minors to obtain a youth hunting license and apprentice firearm
hunting license.�� Persons between the ages of 18 and 21 who obtained a
firearms purchaser identification card prior to the bill�s effective date would
also be permitted to maintain the card and continue to purchase and possess
shotguns and rifles.�