Establishes priority for certain firearm-related background checks when applicant has obtained domestic violence restraining order.

A172

ASSEMBLY, No. 172

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Establishes priority for certain firearm-related
background checks when applicant has obtained domestic violence restraining
order.

CURRENT VERSION OF TEXT

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

��

An Act

concerning firearm-related background checks and
amending N.J.S.2C:58-3 and N.J.S.2C:58-4.

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

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

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

���� (1) A person shall not 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) A person shall not 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 the person presently complies with
the requirements of subsection c. of this section and shall contain the
person's 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 police
officer of the municipality in which the person 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, not to exceed $70, 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.� Except
as hereinafter provided, a person shall not be denied a permit to purchase a
handgun or a firearms purchaser identification card, unless the person is known
in the community in which the person lives as someone who has engaged in acts
or made statements suggesting the person is likely to engage in conduct, other
than justified self-defense, that would pose a danger to self or others, or is
subject to any of the disabilities set forth in this section or other sections
of this chapter.� A handgun purchase permit or firearms purchaser
identification card shall not be issued:

���� (1) To any person who has been
convicted of: (a) any crime in this State or its felony counterpart in any
other state or federal jurisdiction; or (b) a disorderly persons offense in
this State involving an act of domestic violence as defined in section 3 of
P.L.1991, c.261 (C.2C:25-19) or its felony or misdemeanor counterpart involving
an act of domestic violence as defined under a comparable statute in any other
state or federal jurisdiction, whether or not armed with or possessing a weapon
at the time of the offense;

���� (2) To any person who is
presently confined for a mental disorder as a voluntary admission as defined in
section 2 of P.L.1987, c.116 (C.30:4-27.2) or who is presently involuntarily
committed to inpatient or outpatient treatment pursuant to P.L.1987, c.116
(C.30:4-27.1 et seq.);

���� (3) To any person who suffers
from a physical defect or disease which would make it unsafe for that person to
handle firearms, to any person with a substance use disorder involving drugs as
defined in section 2 of P.L.1970, c.226 (C.24:21-2), or to any alcoholic as
defined in section 2 of P.L.1975, c.305 (C.26:2B-8) unless any of the foregoing
persons produces a certificate of a medical doctor, treatment provider, or
psychiatrist licensed in New Jersey, or other satisfactory proof, that the
person is no longer suffering from that particular disability in a manner that
would interfere with or handicap that person 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
because the person is found to be lacking the essential character of
temperament necessary to be entrusted with a firearm;

���� (6) To any person who is
subject to or has violated a temporary or final 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 or a temporary or final domestic violence restraining order issued in
another jurisdiction 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 or has violated 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.);�

���� (11) To any person who is
subject to or has violated 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.);

���� (12) To any person who is
subject to or has violated a temporary or final restraining order issued
pursuant to the "Sexual Assault Survivor Protection Act of 2015,"
P.L.2015, c.147 (C.2C:14-13 et al.);

���� (13) To any person who has
previously been voluntarily admitted to inpatient treatment pursuant to
P.L.1987, c.116 (C.30:4-27.1 et seq.) or involuntarily committed to inpatient
or outpatient treatment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.), unless
the court has expunged the person's record pursuant to P.L.1953, c.268
(C.30:4-80.8 et seq.);

���� (14) To any person who is
subject to an outstanding arrest warrant for an indictable crime in this State
or for a felony, other than a felony to which section 1 of P.L.2022, c.50
(C.2A:160-14.1) would apply, in any other state or federal jurisdiction; or

���� (15) To any person who is a
fugitive from justice due to having fled from any state or federal jurisdiction
to avoid prosecution for a crime, other than a crime to which section 1 of
P.L.2022, c.50 (C.2A:160-14.1) would apply, or to avoid giving testimony in any
criminal proceeding.

���� In order to obtain a permit to
purchase a handgun or a firearms purchaser identification card, the applicant
shall demonstrate that, within four years prior to the date of the application,
the applicant satisfactorily completed a course of instruction approved by the
superintendent in the lawful and safe handling and storage of firearms.� The
applicant shall be required to demonstrate completion of a course of
instruction only once prior to obtaining either a firearms purchaser
identification card or the applicant's first permit to purchase a handgun.�

���� The applicant shall not be
required to demonstrate completion of a course of instruction in order to
obtain any subsequent permit to purchase a handgun, to replace an existing
firearms purchaser identification card, or to renew a firearms purchaser identification
card.�

���� An applicant who is a law
enforcement officer who has satisfied the requirements of subsection j. of
N.J.S.2C:39-6, a retired law enforcement officer who has satisfied the
requirements of subsection l. of N.J.S.2C:39-6, or a veteran who was honorably
discharged as a member of the United States Armed Forces or National Guard who
received substantially equivalent training shall not be required to complete
the course of instruction required pursuant to the provisions of this
subsection.��

���� A person who obtained a permit
to purchase a handgun or a firearms purchaser identification card prior to the
effective date of P.L.2022, c.58 shall not be required to complete a course of
instruction pursuant to this subsection.

���� d.��� Issuance.� The chief
police officer 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.

���� A firearms purchaser
identification card issued following the effective date of P.L.2022, c.58 shall
display a color photograph and be electronically linked to the fingerprints of
the card holder.� A person who obtained a firearms purchaser identification
card prior to the effective date of P.L.2022, c.58 shall not be required to
obtain a firearms purchaser identification card that displays a color
photograph and is electronically linked to fingerprints.� The superintendent
shall establish guidelines as necessary to effectuate the issuance of firearms
purchaser identification cards that display a color photograph and which are
electronically linked to the fingerprints of the card holder.

���� The requirements of this
subsection concerning firearms purchaser identification cards issued following
the effective date of P.L.2022, c.58 shall remain inoperative until such time
as the superintendent establishes a system to produce cards that comply with
this requirement and, until such time, applicants issued a firearms purchaser
identification card shall be provided with cards that do not conform to the
requirements of this section, which shall be afforded full force and effect
until such time as the system is established and a compliant card is issued in
accordance with this subsection.� An applicant issued a non-compliant firearms
purchaser identification card shall obtain a card, at no cost to the applicant,
which conforms to the requirements of this section no later than one year after
receiving notice that the system to produce cards that comply with this
requirement is operational.

���� If an application for a permit
or identification card is denied, the applicant shall be provided with a
written statement of the reasons for the denial.� 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 the person resides if the person is a resident of
New Jersey or in the Superior Court of the county in which the person's
application was filed if the person 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 the request for a hearing upon the chief police officer of the
municipality in which the person resides, if the person is a resident of New
Jersey, and upon the superintendent in all cases.� The hearing shall be held
and a record made thereof within 60 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.

���� The Administrative Director of
the Courts shall coordinate with the superintendent in the development of an
electronic filing system to receive requests for hearings and serve the chief
police officer and superintendent as required in this section.

���� 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, any aliases or other names previously used by the applicant,
gender, and physical description, including distinguishing physical
characteristics, if any, of the applicant, and shall state whether the
applicant is a citizen, whether the applicant is an alcoholic as defined in
section 2 of P.L.1975, c. 305 (C. 26:2B-8) or is a drug-dependent person as
defined in section 2 of P.L.1970, c.226 (C.24:21-2), whether the applicant 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 the applicant 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
the applicant 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 the applicant has ever been convicted of a crime
or disorderly persons offense in this State or felony or misdemeanor in any
other state or federal jurisdiction, whether the applicant 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.) or an order entered
under the provisions of a substantially similar statute under the laws of
another jurisdiction prohibiting the applicant from possessing any firearm,
whether
a restraining order obtained by the applicant against a domestic violence
offender pursuant to the "Prevention of Domestic Violence Act of
1991," P.L.1991, c.261 (C.2C:25-17 et seq.) is in effect,
whether
the applicant is subject to a restraining order issued pursuant to the
"Sexual Assault Survivor Protection Act of 2015," P.L.2015, c.147
(C.2C:14-13 et al.) or an order entered under the provisions of a substantially
similar statute under the laws of another jurisdiction, whether the applicant
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 applicant is subject to a protective order issued pursuant to P.L.2021,
c.327 (C.2C:12-14 et al.) prohibiting the applicant 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 the applicant.

���� An applicant for a permit to
purchase a handgun shall also certify, with respect to each handgun listed on
the form, whether the applicant is purchasing the handgun on the applicant's
own behalf or, if not, that the purchase is being made on behalf of a third
party to whom the applicant may lawfully transfer the handgun.

���� 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, or shall be
made available through an online process established or made available by the
superintendent.

���� 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 the applicant was
previously fingerprinted, and who provides other reasonably satisfactory proof
of the applicant's 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 $25, or the application for
the firearms purchaser identification card together with a fee of $50, shall be
delivered or forwarded to the licensing authority who, upon determining that
the application is complete, shall investigate the same and, provided the
requirements of this section are met, 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 completed application for residents of
this State and within 45 days for nonresident applicants.�
If a restraining
order obtained by the applicant against a domestic violence offender pursuant
to the �Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17
et seq.) is in effect, the investigation of the applicant shall take precedence
over the investigation of other 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 issued or renewed after the effective
date of P.L.2022, c.58 shall expire during the tenth calendar year following
its date of issuance and on the same calendar day as the person's date of
birth.

���� If the date of birth of the
firearms purchaser identification card holder does not correspond to a calendar
day of the tenth calendar year, the card shall expire on the last day of the
birth month of the card holder.�

���� A firearms purchaser
identification card issued pursuant to this section may be renewed upon filing
of a renewal application and payment of the required fee, provided that the
holder is not subject to any of the disabilities set forth in subsection c. of
this section and complies with all other applicable requirements as set forth
in statute and regulation.� If an application for renewal of a firearms
purchaser identification card is denied, the applicant shall be provided with a
written statement of the reasons for the denial.� Any person aggrieved by the
denial of an application for renewal of a firearms purchaser identification
card may request a hearing in the Superior Court of the county in which the
person resides if the person is a resident of New Jersey or in the Superior
Court of the county in which the person's application was filed if the person
is a nonresident.� The request for a hearing shall be made in writing within 30
days of the denial of the application for renewal of the firearms purchaser
identification card.� The applicant shall serve a copy of the request for a
hearing upon the chief police officer of the municipality in which the
applicant resides, if the person is a resident of New Jersey, and upon the
superintendent in all cases.� The hearing shall be held and a record made
thereof within 60 days of the receipt of the application for a hearing by the
judge of the Superior Court.� A formal pleading and filing fee shall not be
required as a preliminary to a hearing.� Appeals from the results of a hearing
shall be in accordance with law.

���� The Administrative Director of
the Courts shall coordinate with the superintendent in the development of an
electronic filing system to receive requests for hearings and serve the chief
police officer and superintendent as required in this section.

���� A firearms purchaser
identification card issued prior to the effective date of P.L.2022, c.58 shall
not expire.

���� A firearms purchaser
identification card shall be void if the holder becomes subject to any of the
disabilities set forth in subsection c. of this section, whereupon the card
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 or renewal 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 for deposit into the
Victims of Crime Compensation Office account if the permit is issued by the
superintendent, to the municipality if issued by the chief police officer, and
to the county treasurer if issued by the judge of the Superior Court.

���� h.��� Form of permit;
establishment of a web portal; disposition of the completed information.� (1)
Except as otherwise provided in paragraph (2) of this subsection, the permit
shall be in the form prescribed by the superintendent and shall be issued to
the applicant electronically through e-mail or the web portal established or
designated for this purpose by the superintendent or in such form or manner as
may be authorized by the superintendent.� Prior to the time the applicant
receives the handgun from the seller, the applicant shall provide to the seller
an acknowledgement of the permit in the form required under the process
established by the superintendent, and the seller shall complete all of the
information required on the web portal.� This information shall be forwarded to
the superintendent through the web portal, or in such other manner as may be
authorized by the superintendent, and to the chief police officer of the
municipality in which the purchaser resides, except that in a municipality
having no chief police officer, the information shall be forwarded to the
superintendent.� The purchaser shall retain a copy of the completed information
and the seller shall retain a copy of the completed information as a permanent
record.

���� A transfer of a handgun
between or among immediate family members, law enforcement officers, or
collectors of firearms or ammunition as curios or relics shall be conducted via
the web portal established or designated by the superintendent, which shall include
among other things a certification that the seller and purchaser are in fact
immediate family members, law enforcement officers, or collectors of firearms
or ammunition as curios or relics.

���� (2) The requirements of this
subsection concerning the delivery and form of permit and disposition of copies
shall not be applicable when these functions may be completed by utilizing an
electronic system as described in paragraph (2) of subsection b. of
N.J.S.2C:58-2 or section 5 of P.L.2022, c.55 (C.2C:58-3.3a).

���� 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 the collector's 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 the person may purchase,
provided the person possesses a valid firearms purchaser identification card
and provided further that the person 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 the owner's 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, the heir or
legatee 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 officers' official 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.

���� o.��� Registration of handguns
owned by new residents.� Any person who becomes a resident of this State
following the effective date of P.L.2022, c.52 and who transports into this
State a firearm that the person owned or acquired while residing in another
state shall apply for a firearms purchaser identification card within 60 days
of becoming a New Jersey resident, and shall register any handgun so
transported into this State within 60 days as provided in this subsection.

���� A person who registers a
handgun pursuant to this subsection shall complete a registration statement,
which shall be in a form prescribed by the superintendent.� The information
provided in the registration statement shall include, but shall not be limited
to, the name and address of the person and the make, model, and serial number
of the handgun being registered.� Each registration statement shall be signed
by the person, and the signature shall constitute a representation of the
accuracy of the information contained in the registration statement.

���� The registration statement
shall be submitted to the law enforcement agency of the municipality in which
the person resides or, if the municipality does not have a municipal law
enforcement agency, any State Police station.

���� Within 60 days prior to the
effective date of P.L.2022, c.52, the superintendent shall prepare the form of
registration statement as described in this subsection and shall provide a
suitable supply of statements to each organized full-time municipal police
department and each State Police station.

���� A person who fails to apply
for a firearms purchaser identification card or register a handgun as required
pursuant to this subsection shall be granted 30 days to comply with the
provisions of this subsection.� If the person does not comply within 30 days,
the person shall be liable to a civil penalty of $250 for a first offense and
shall be guilty of a disorderly persons offense for a second or subsequent
offense.

���� If a person is in possession
of multiple firearms or handguns in violation of this subsection, the person
shall be guilty of one offense under this subsection provided the violation is
a single event.

���� The civil penalty shall be
collected pursuant to the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.) in a summary proceeding before the
municipal court having jurisdiction.� A law enforcement officer having
enforcement authority in that municipality may issue a summons for a violation,
and may serve and execute all process with respect to the enforcement of this
subsection consistent with the Rules of Court.

���� p.��� A chief police officer
or the superintendent may delegate to subordinate officers or employees of the
law enforcement agency the responsibilities established pursuant to this
section.

(cf: P.L.2022, c.131, s.2)

����

���� 2.��� N.J.S.2C:58-4 is amended
to read as follows:

���� 2C:58-4. a. Scope and duration
of authority.� Any person who holds a valid permit to carry a handgun issued
pursuant to this section shall be authorized to carry a handgun in a holster
concealed on their person in all parts of this State, except as prohibited by
subsection e. of N.J.S.2C:39-5 and section 7 of P.L.2022, c.131 (C.2C:58-4.6).�
One permit shall be sufficient for all handguns owned by the holder thereof,
but the permit shall apply only to a handgun carried by the actual and legal
holder of the permit and, except as otherwise provided in subsection b. of
section 6 of P.L.2022, c.131 (C.2C:58-4.5), shall not be construed to authorize
a holder to carry a handgun openly, provided that a brief, incidental exposure
of a handgun while transferring it to or from a holster or due to the shifting
of the person's body position or clothing shall be deemed a de minimis
infraction within the contemplation of N.J.S.2C:2-11.

���� All permits to carry handguns
shall expire two years from the date of issuance or, in the case of an employee
of an armored car company, upon termination of the employee's employment by the
company occurring prior thereto whichever is earlier in time, and they may
thereafter be renewed every two years in the same manner and subject to the
same conditions as in the case of original applications.

���� b.��� Application forms.� All
applications for permits to carry handguns, and all applications for renewal of
permits, shall be made on the forms and in the manner prescribed by the
superintendent.� Each application shall set forth the full name, date of birth,
sex, residence, occupation, place of business or employment, any aliases or
other names previously used by the applicant, and physical description of the
applicant, and any other information the superintendent may prescribe for the
determination of the applicant's eligibility for a permit and for the proper
enforcement of this chapter.
The application shall state whether a
restraining order obtained by the applicant against a domestic violence
offender pursuant to the "Prevention of Domestic Violence Act of
1991," P.L.1991, c.261 (C.2C:25-17 et seq.) is in effect.
The
application shall be signed by the applicant under oath, and shall be endorsed
by not less than four reputable persons who are not related by blood or by law
to the applicant and have known the applicant for at least three years
preceding the date of application, and who shall certify thereon that the
applicant has not engaged in any acts or made any statements that suggest the
applicant is likely to engage in conduct, other than lawful self-defense, that
would pose a danger to the applicant or others.� The reputable persons also
shall provide relevant information supporting the certification, including the
nature and extent of their relationship with the applicant and information
concerning their knowledge of the applicant's use of drugs or alcohol.

���� c.���� Investigation and
approval.� Each application shall be accompanied by a $200 application fee and
shall in the first instance be submitted to the chief police officer of the
municipality in which the applicant resides, or to the superintendent if: (1)
the applicant is an employee of an armored car company; (2) there is no chief
police officer in the municipality where the applicant resides; (3) the
applicant does not reside in this State; or (4) the applicant is a mayor or
other elected member of the municipal governing body.

���� In the case of an application
made to the chief police officer of a municipality, $150 of the fee shall be
retained by the municipality and the remaining $50 shall be forwarded to the
superintendent.� The fee amount retained by the municipality shall be used to
defray the costs of investigation, administration, and processing of the permit
to carry handgun applications.� Application fees made to the superintendent
shall be deposited into the Victims of Crime Compensation Office account.

���� The chief police officer, or
the superintendent, as the case may be, shall determine whether the application
is complete and, if so, shall cause the fingerprints of the applicant to be
taken and compared with any and all records maintained by the municipality, the
county in which it is located, the State Bureau of Identification and the
Federal Bureau of Identification or, for an applicant who previously submitted
fingerprints in order to apply for a firearms purchaser identification card or
a permit to purchase a handgun in accordance with N.J.S.2C:58-3 or a permit to
carry a handgun in accordance with this section, may solicit such other
identification information as may be authorized by the superintendent for the
conduct of a comparable criminal record check.� The chief police officer or the
superintendent, as the case may be, shall also determine and record a complete
description of each handgun the applicant intends to carry.� The chief police
officer, or the superintendent, as the case may be, shall interview the
applicant and the persons endorsing the application under subsection b. of this
section, and shall make inquiry concerning, and investigate to the extent
warranted, whether the applicant is likely to engage in conduct that would
result in harm to the applicant or others, including, but not limited to,
whether the applicant has any history of threats or acts of violence by the
applicant directed toward self or others or any history of use, attempted use,
or threatened use of physical force by the applicant against another person, or
other incidents implicating the disqualifying criteria set forth in subsection
c. of N.J.S.2C:58-3, including but not limited to determining whether the
applicant has been subject to any recent arrests or criminal charges for
disqualifying crimes or has been experiencing any mental health issues such as
suicidal ideation or violent impulses, and the applicant's use of drugs or
alcohol.

���� The chief police officer or
the superintendent may require such other information from the applicant or any
other person, including but not limited to publicly available statements posted
or published online by the applicant, as the chief police officer or
superintendent deems reasonably necessary to conduct the review of the
application.

���� An application shall not be
approved by the chief police officer or the superintendent unless the applicant
demonstrates that the applicant is not subject to any of the disabilities set
forth in subsection c. of N.J.S.2C:58-3, that the applicant is thoroughly
familiar with the safe handling and use of handguns, including providing proof
of completion of any training or proficiency requirements established under the
law, and that the applicant is in compliance with the liability insurance
requirement of section 4 of P.L.2022, c.131 (C.2C:58-4.3).

���� Once the application is deemed
complete by the chief police officer or the superintendent, if it is not
approved or denied by the chief police officer or the superintendent within 90
days of filing, it shall be deemed to have been approved; provided, however,
the chief police officer or the superintendent may, for good cause shown and
upon written notification to the applicant, extend by up to an additional 30
days the time period for which the application may be approved or denied.� The
written notification sent to the applicant shall provide a detailed explanation
of the reasons for the extension.� An applicant also may agree in writing to an
additional extension of time past the 120 day statutory time frame.
If a
restraining order obtained by the applicant against a domestic violence
offender pursuant to the �Prevention of Domestic Violence Act of 1991,"
P.L.1991, c.261 (C.2C:25-17 et seq.) is in effect, the investigation of
the applicant shall take precedence over the investigation of other applicants.
�

���� A chief police officer or the
superintendent may delegate to subordinate officers or employees of the law
enforcement agency the responsibilities established pursuant to this section.

���� d.��� Issuance of permit;
establishment of web portal; disposition of completed information.� If the
application has been approved by the chief police officer or the
superintendent, as the case may be, the chief police officer or the
superintendent shall issue the permit to the applicant in the form prescribed
by the superintendent.

���� The permit shall be issued to
the applicant electronically through electronic mail or through the web portal
established or designated for this purpose by the superintendent, or in such
form or manner as may be authorized by the superintendent, if, but only if, the
chief police officer or superintendent determines that the applicant:

���� (1) has not engaged in any
acts or made any statements that suggest the applicant is likely to engage in
conduct, other than lawful self-defense, that would pose a danger to the
applicant or others and is not subject to any of the disabilities set forth in
subsection c. of N.J.S.2C:58-3;

���� (2) is thoroughly familiar
with the safe handling and use of handguns;

���� (3) has completed the training
requirements established pursuant to subsection g. of this section, provided
that any requirement for classroom instruction and target training shall not be
required for a renewal applicant who completed the instruction and training
when obtaining a permit to carry a handgun issued within the previous two
years; and

���� (4) is in compliance with the
liability insurance requirement of section 4 of P.L.2022, c.131 (C.2C:58-4.3).

���� The provisions of this section
requiring the issuance of a permit to carry a handgun utilizing the web portal
established pursuant to this subsection and requiring the superintendent or
chief police officer to determine that an applicant has completed the training
requirement pursuant to subsection c. of this section and paragraph (3) of this
subsection and is in compliance with the liability insurance requirements
pursuant to subsection c. of this section and paragraph (4) of this subsection
shall remain inoperative until the first day of the seventh month next
following the date of enactment of P.L.2022, c.131 (C.2C:58-4.2 et al.).

���� e.���� Appeals from denial of
applications.� An applicant who is denied a permit to carry a handgun shall be
provided with a written statement of the reasons for the denial.� Any applicant
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 the applicant resides or in any county in which
the applicant intends to carry a handgun, in the case of a nonresident, by
filing a written request for a hearing within 30 days of the denial.� The
aggrieved applicant shall serve copies of the request upon the superintendent,
the county prosecutor, and the chief police officer of the municipality where
the applicant resides, if the applicant is a resident of this State.� The
hearing shall be held within 60 days of the filing of the request, and no
formal pleading or filing fee shall be required.� Appeals from the
determination at the hearing shall be in accordance with law and the rules
governing the courts of this State.

���� The Administrative Director of
the Courts shall coordinate with the superintendent in the development of an
electronic filing system to receive requests for hearings and serve the chief
police officer and superintendent as required in this section.

���� f.���� Revocation of permits.�
Any permit issued under this section shall be void at the time the holder
thereof becomes subject to any of the disabilities set forth in subsection c.
of N.J.S.2C:58-3, and the holder of a void permit shall immediately surrender the
permit to the superintendent who shall give notice to the licensing authority.�
Any permit may be revoked by the Superior Court, after hearing upon notice to
the holder, if the court finds that the holder is no longer qualified for the
issuance of a permit.� The county prosecutor of any county, the chief police
officer of any municipality, the superintendent, or any citizen may apply to
the court at any time for the revocation of any permit issued pursuant to this
section.

���� g.��� Training requirement.�
(1) On or prior to the first day of the seventh month following the enactment
of P.L.2022, c.131 (C.2C:58-4.2 et al.), the superintendent shall establish
training requirements in the lawful and safe handling and storage of firearms,
which shall consist of an online course of instruction, in-person classroom
instruction, and target training administered by a certified firearm instructor
on a firing range approved by the superintendent and on the list of approved
ranges published on the State Police website.� The training shall include, but
not be limited to, demonstration of a level of proficiency in the use of a
handgun in such manner as required by the superintendent and training,
developed or approved in conjunction with the Police Training Commission, on
justification in the use of deadly force under State law.

���� (2) A person who obtained a
permit pursuant to this section prior to the first day of the seventh month
following the date of enactment of P.L.2022, c.131 (C.2C:58-4.2 et al.) and
which permit is not scheduled to expire until at least one year following the
enactment of P.L.2022, c.131 (C.2C:58-4.2 et al.) shall comply with the
training requirement established pursuant to this subsection no later than the
first day of the tenth month following the date of enactment of P.L.2022, c.131
(C.2C:58-4.2 et al.).

���� h.��� For purposes of this
section, "holster" means a device or sheath that securely retains a
handgun which, at a minimum, conceals and protects the main body of the
firearm, maintains the firearm in a consistent and accessible position, and
renders the trigger covered and inaccessible while the handgun is fully seated
in the holster.

(cf: P.L.2022, c.131, s.3)

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

STATEMENT

���� This bill requires the
background investigation of an applicant for a firearms purchaser
identification card, permit to purchase a handgun, or permit to carry a handgun
to take precedence over the investigation of other applicants if there is a
restraining order in effect that was obtained by the applicant against a
domestic violence offender pursuant to the �Prevention of Domestic Violence Act
of 1991� (PVDA).