Disqualifies person named on federal Terrorist Watchlist from obtaining firearms identification card or permit to purchase handgun.

A1569

ASSEMBLY, No. 1569

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Disqualifies person named on federal Terrorist
Watchlist from obtaining firearms identification card or permit to purchase
handgun.

CURRENT VERSION OF TEXT

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

��

An Act
concerning firearms and amending N.J.S.2C:58-3.

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

���� b.��� Firearms purchaser
identification card.� No person shall sell, give, transfer, assign or otherwise
dispose of nor receive, purchase or otherwise acquire an antique cannon or a
rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser,
assignee, donee, receiver or holder is licensed as a dealer under this chapter
or possesses a valid firearms purchaser identification card, and first exhibits
said card to the seller, donor, transferor or assignor, and unless the
purchaser, assignee, donee, receiver or holder signs a written certification,
on a form prescribed by the superintendent, which shall indicate that he
presently complies with the requirements of subsection c. of this section and
shall contain his name, address and firearms purchaser identification card
number or dealer's registration number.� The said certification shall be
retained by the seller, as provided in 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.

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

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

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

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

���� (4)�� To any person under the
age of 18 years for a firearms purchaser identification card and to any person
under the age of 21 years for a permit to purchase a handgun;

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

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

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

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

����
(9)�� To any person named
on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center
as administered by the Federal Bureau of Investigation.� The chief of police or
superintendent shall inform the person of a denial of a permit or
identification card pursuant to this paragraph
.

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

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

����
In the case of a person who
was denied a permit or identification card� pursuant to paragraph (9) of
subsection c. of this section, the person shall be authorized to present
evidence during the hearing that the person is not the same person named on the
Terrorist Watchlist.� The chief of police or superintendant shall establish by
a preponderance of the evidence that the person who applied for the permit or
identification card is the same person named on the Terrorist Watchlist.�

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

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

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

���� f.���� Granting of permit or
identification card; fee; term; renewal; revocation.� The application for the
permit to purchase a handgun together with a fee of $2, 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 said
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 such
permit. The county prosecutor of any county, the chief police officer of any
municipality or any citizen may apply to such court at any time for the
revocation of such card.

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

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

���� 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, such 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 said firearm shall,
however, be subject to all other provisions of this chapter. If the heir or
legatee of such 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 such 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 such firearm is in the custody of the chief
law enforcement officer of the municipality or the superintendent during such
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 such a visual distress signalling
device.

(cf: P.L.2009, c.186, s.2)

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

STATEMENT

���� This bill disqualifies a
person named on the consolidated Terrorist Watchlist maintained by the Federal
Bureau of Investigation�s Terrorist Screening Center from being issued either a
firearm�s identification card or a permit to purchase a handgun.

���� Under the bill, the chief of
police or the Superintendent of State Police is required to inform an applicant
when he or she is denied an identification card or permit based on being named
on the Terrorist Watchlist.� An applicant who challenges such a denial in
Superior Court is authorized to present evidence during the hearing that the
person is not the same person named on the Terrorist Watchlist.� The chief of
police or superintendant must establish by a preponderance of the evidence that
the applicant is the same person named on the Terrorist Watchlist.

���� Under current law, the
issuance of a firearms identification card or a permit to purchase a handgun
may be denied to any person if it �would not be in the interest of the public
health, safety or welfare.� While this provision should provide grounds for denying
a person named on the Terrorist Watchlist from being issued either a firearms
identification card or a permit to purchase a handgun, the inclusion of a
person on the Terrorist Watchlist is of such a serious and potentially
threatening nature that it warrants a separate statutory provision denying that
person�s capability to lawfully obtain a firearm in this State.