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A4737
ASSEMBLY, No. 4737
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 16, 2026
Sponsored by:
Assemblywoman� ELLEN J. PARK
District 37 (Bergen)
Co-Sponsored by:
Assemblyman Venezia
SYNOPSIS
���� Establishes �Responsibility in Firearms Sales Act�;
requires licensing of firearms manufacturers.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning firearm sales, and supplementing and
amending Title 2C of the New Jersey Statutes.�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section) This act
shall be known and may be cited as the �Responsibility in Firearms Sales Act�
or �RIFS Act.��
���� 2.��� (New section) The
Legislature finds and declares that:
���� a.���� The people of this
State have incurred undue public health costs and financial burdens from
injuries and deaths as a result of the use of firearms.
���� b.��� Ownership of firearms
has surged dramatically in this State since 2019.�
���� c.���� According to the most
recent data available from the Center for Disease Control and Prevention (CDC),
there were 48,000 firearm-related deaths in the United States in 2022.
���� d.��� More people suffer
nonfatal firearm-related injuries than die.
���� e.���� Firearm injuries affect
people in all stages of life.
���� f.���� The CDC data indicates
that firearm injuries are the leading cause of death among children and teens
ages one through 19, and were among the five leading causes of death for people
ages one through 44.
���� g.��� The economic impact of
firearm violence is substantial and includes medical and lost productivity
costs.�
���� h.��� People who survive a
firearm-related injury often experience long-term consequences that may include
physical disability from the injury and chronic mental health conditions.�
���� i.���� Therefore, to protect
the health, welfare, and safety of the people of this State, the Legislature
finds it necessary to require the licensing of firearm manufacturers and to
distribute the proceeds from the licensing fees to firearm victims.
���� 3.��� (New section) As used in
this act:
���� "Consumer price
index" means the consumer price index for all urban consumers, as
published by the United States Department of Labor.�
���� "Direct costs" means
costs incurred for any one or more of the following: medical treatment and
care; medical devices and prescriptions drugs; mental health treatment provided
by a licensed psychiatrist, psychologist, social worker, or behavioral
therapist; licensed physical therapy, occupational therapy, and rehabilitation
services; funeral and burial; emergency transportation; lost wages; emergency
relocation; property damage; legal services; or emergency child or dependent
care.
���� "Distributor of
firearms" means a person who supplies firearms to retailers or other
businesses that sell firearms to consumers in this State.
���� "Firearm" shall have
the same meaning as set forth in subsection f. of N.J.S.2C:39-1.�
���� "Firearm injury or
death" means an injury to or the death of a person, including any
firearm-related suicide or firearm-related homicide, that is caused by a
high-velocity projectile fired from a firearm.
���� "First-degree
relative" means an individual's parent, sibling, or child.�
���� "Manufacturer" shall
have the same meaning as set forth in subsection j. of N.J.S.2C:39-1.
���� "Permanent
disability" means a permanent physical impairment to a person that is
caused by a firearm injury and either prevents the person from working or
performing everyday activities or results in paralysis or extended treatment in
a long-term acute care facility.
���� "Retail dealer"
shall have the same meaning as set forth in subsection l. of N.J.S.2C:39-1.��
���� "RIFS Fund" means
the Responsibility in Firearm Sales Fund established pursuant to section 6 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).
���� "Second-degree
relative" means an aunt, uncle, grandparent, grandchild, niece,
half-sibling, or other blood relative who is one generation removed.
���� "Superintendent� means
the Superintendent of State Police.
���� "Total annual aggregate
fee" means the sum of all license fees imposed on manufacturers over one
year pursuant to subsection d. of section 4 of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill).
���� "Victim of firearms"
means any person who is killed by a firearm injury or suffers a firearm injury;
or the next of kin of that person, legal guardian, dependent, first-degree
relative, second-degree relative, or employer.
���� 4.��� (New section)� a.� Every
manufacturer of firearms shall obtain an annual Responsibility in Firearm Sales
license from the superintendent pursuant to the provisions of this section.� A
manufacturer of firearms shall not engage in the business of, or act as a
manufacturer of firearms, or manufacture or sell at wholesale any firearm,
unless the manufacturer has a valid license issued by the superintendent.� A
retail dealer of firearms shall not sell a firearm to a consumer in this State
unless the manufacturer of that firearm has a valid license.
���� b.��� Applications for the
annual license shall be submitted on forms as prescribed by the superintendent,
and the applicant shall provide information and other information as mandated
by law or by any rules or regulations adopted by the superintendent pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.).�
���� c.���� The superintendent
shall issue an annual license upon application made pursuant to the provisions
of subsection b. of this section and the collection of a license fee.�
���� d.��� The superintendent shall
set the fee for the license in accordance with the following:
���� (1)�� The total annual
aggregate fee for all manufacturers of firearms in this State shall be set at
an amount that the superintendent estimates is equal to the public health costs
and financial burdens borne by the State and its residents as a result of firearm
injuries occurring in this State, as determined by the superintendent based on
the incidence of firearm injuries in this State in the previous year, except
that during the first year that the license is established, the total annual
aggregate fee shall not exceed $866,000,000.�
���� (2)�� The total annual
aggregate fee for all manufacturers of firearms in this State shall annually
thereafter be increased by the annual unadjusted percentage increase in the
consumer price index for the 12 months ending with the September preceding each
November 1, including all previous adjustments.�
���� (3)�� The fee paid by a
manufacturer shall be the portion of the total annual aggregate fee equal to
the market share of the manufacturer, as determined by the superintendent.
���� (4)�� The superintendent may
adjust the fee paid by a manufacturer based on the number of firearms recovered
in a given year in connection with incidents involving firearm injuries that
are linked to a specific manufacturer in the State, regardless of modifications
or accessories added to the firearm after manufacturing, divided by the total
number of firearms recovered in connection with those incidents in that same
year.�
���� e.���� The superintendent
shall provide notice of the fee amount to a manufacturer at least 90 days prior
to the annual renewal date.�
���� f.���� The superintendent
shall establish procedures by which a manufacturer may dispute a license fee
set by the superintendent.�
���� g.��� The superintendent shall
deposit all fees collected pursuant to the provisions of this section into the
RIFS Fund established pursuant to section 6 of
P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill)
. �
���� h.��� The superintendent shall
maintain on an Internet website a list of all manufacturers that possess a
valid license, which shall serve as notice to a retail dealer regarding whether
the sale of a manufacturer�s firearm is authorized pursuant to the provisions
of this section.� It shall not be a defense to a violation of this section that
a retail dealer did not know whether a manufacturer possessed a valid license,
provided the manufacturer of the firearm was listed on the Internet website at
the time of sale.
���� 5.��� (New section) a.� The
Attorney General shall have the authority to investigate any suspected
violation of P.L.��� , c.��� (C. ) (pending
before the Legislature as this bill) and may institute a civil action in a
court of competent jurisdiction for equitable or other relief to enforce its
provisions.�
���� b.��� A manufacturer who
violates the provisions of section 4 of P.L.��� , c.�� (C.������� ) (pending
before the Legislature as this bill) shall be subject to a civil penalty of an
amount not to exceed $1 million for each month that a violation continues.�
���� c.���� A retailer who violates
the provisions of section 4 of P.L.��� , c.�� (C.������� ) (pending before the
Legislature as this bill) shall be subject to a civil penalty of an amount not
to exceed $10,000 per violation.�
���� d.��� Penalties shall be
collected by the Attorney General in a civil action by a summary proceeding
pursuant to the �Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10
et seq.).
���� e.���� Any civil penalty or
damages collected pursuant to the provisions of this section shall be deposited
in the RIFS Fund established pursuant to section 6 of P.L.��� , c.�� (C.�������
) (pending before the Legislature as this bill).�
���� 6.��� There is established in
the Department of the Treasury a special, non-lapsing fund to be known as the
�RIFS Fund.�� The fund shall be administered by the Victims of Crime
Compensation Office, in consultation with the superintendent, and money
deposited into the RIFS fund shall be used in accordance with the provisions of
section 7 of P.L.��� , c.�� (C.������� ) (pending before the Legislature as
this bill) to provide compensation to firearms victims.
���� 7.��� The Victims of Crime
Compensation Office, in consultation with the superintendent, shall administer
the RIFS Fund established pursuant to section 6 of P.L.��� , c.�� (C.������� )
(pending before the Legislature as this bill) and provide an award of compensation
to firearms victims to reimburse direct costs associated with a firearm injury
or death.� The award shall be made in accordance with the provisions of
P.L.1971, c.317 (C.52:4B-1et seq.), except that:
���� a.���� a victim shall be
eligible for compensation for three years following the date of injury, unless
the injury resulted in permanent disability; and
���� b.��� there shall be no
monetary limitations on compensation awarded pursuant to the provisions of
P.L.��� , c.�� (C.������� ) (pending before the Legislature as this bill).�
However, if the total amount of approved claims exceeds the funds available
from the RIFS Fund in any given year, the Victims of Crime Compensation Office
shall reduce, to the extent practicable, the award approved for each claimant
on a pro rata basis and shall provide claimants with an equal percentage of the
total amount of each respective claimant�s approved award.� When additional
funds become available from the RIFS fund, the Victims of Crime Compensation
Office may make supplemental payments to claimants whose approved awards had
previously been reduced.�
���� 8.��� N.J.S.2C:58-2 is amended
to read as follows:
���� 2C:58-2.� a.� Licensing of
retail dealers and their employees.� No retail dealer of firearms nor any
employee of a retail dealer shall sell or expose for sale, or possess with the
intent of selling, any firearm unless licensed to do so as hereinafter provided.�
The superintendent shall prescribe standards and qualifications for retail
dealers of firearms and their employees for the protection of the public
safety, health and welfare.
���� Applications shall be made in
the form prescribed by the superintendent, accompanied by a fee of $50 payable
to the superintendent, and shall be made to a judge of the Superior Court in
the county where the applicant maintains his place of business.� The judge
shall grant a license to an applicant if he finds that the applicant meets the
standards and qualifications established by the superintendent and that the
applicant can be permitted to engage in business as a retail dealer of firearms
or employee thereof without any danger to the public safety, health and
welfare.� Each license shall be valid for a period of three years from the date
of issuance, and shall authorize the holder to sell firearms at retail in a
specified municipality.
���� In addition, every retail
dealer shall pay a fee of $5 for each employee actively engaged in the sale or
purchase of firearms.� The superintendent shall issue a license for each
employee for whom said fee has been paid, which license shall be valid for so
long as the employee remains in the employ of said retail dealer.
���� No license shall be granted to
any retail dealer under the age of 21 years or to any employee of a retail
dealer under the age of 18 or to any person who could not qualify to obtain a
permit to purchase a handgun or a firearms purchaser identification card, or to
any corporation, partnership or other business organization in which the actual
or equitable controlling interest is held or possessed by such an ineligible
person.
���� All licenses shall be granted
subject to the following conditions, for breach of any of which the license
shall be subject to revocation on the application of any law enforcement
officer and after notice and hearing by the issuing court:
���� (1)�� The business shall be
carried on only in the building or buildings designated in the license,
provided that repairs may be made by the dealer or his employees outside of
such premises.
���� (2)�� The license or a copy
certified by the issuing authority shall be displayed at all times in a
conspicuous place on the business premises where it can be easily read.
���� (3)�� No firearm or imitation
thereof shall be placed in any window or in any other part of the premises
where it can be readily seen from the outside.
���� (4)�� No rifle or shotgun,
except antique rifles or shotguns, shall be delivered to any person unless such
person possesses and exhibits a valid firearms purchaser identification card
and furnishes the seller, on the form prescribed by the superintendent, a certification
signed by him setting forth his name, permanent address, firearms purchaser
identification card number and such other information as the superintendent may
by rule or regulation require.� The certification shall be retained by the
dealer and shall be made available for inspection by any law enforcement
officer at any reasonable time.
���� (5)�� No handgun shall be
delivered to any person unless:
���� (a)�� Such person possesses
and exhibits a valid permit to purchase a firearm and at least seven days have
elapsed since the date of application for the permit;
���� (b)�� The person is personally
known to the seller or presents evidence of his identity;
���� (c)�� The handgun is unloaded
and securely wrapped;
���� (d)�� The handgun is
accompanied by a trigger lock or a locked case, gun box, container or other
secure facility; provided, however, this provision shall not apply to antique
handguns or personalized handguns included in the roster pursuant to section 2
of P.L.2019, c.164 (C.2C:58-2.8).� The exemptions afforded under this
subparagraph for antique handguns and personalized handguns shall be narrowly
construed, limited solely to the requirements set forth herein and shall not be
deemed to afford or authorize any other exemption from the regulatory
provisions governing firearms set forth in chapter 39 and chapter 58 of Title
2C of the New Jersey Statutes; and
���� (e)�� (Deleted by amendment,
P.L.2019, c.164)
���� (6)�� The dealer shall keep a
true record of every handgun sold, given or otherwise delivered or disposed of,
in accordance with the provisions of subsections b. through e. of this section
and the record shall note whether a trigger lock, locked case, gun box,
container or other secure facility was delivered along with the handgun.
���� (7)�� A dealer shall not
knowingly deliver more than one handgun to any person within any 30-day
period.� This limitation shall not apply to:
���� (a)�� 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;
���� (b)�� 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;
���� (c)�� transfers of handguns
among licensed retail dealers, registered wholesale dealers and registered
manufacturers;
���� (d)�� 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
���� (e)�� 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).
����
(8)�� A firearm shall not
be sold to a consumer in this State unless the manufacturer of that firearm is
in possession of a valid Responsibility in Firearms Sales license pursuant to
the provisions of subsection b. of section 4 of P.L.��� , c.�� (C.������� )
(pending before the Legislature as this bill).
���� b.��� Records. (1) Every
person engaged in the retail business of selling, leasing or otherwise
transferring a handgun, as a retail dealer or otherwise, shall keep a register
in which shall be entered the time of the sale, lease or other transfer, the
date thereof, the name, age, date of birth, occupation, residence and a
physical description including distinguishing physical characteristics, if any,
of the purchaser, lessee or transferee, the name and permanent home address of
the person making the sale, lease or transfer, the place of the transaction,
and the make, model, manufacturer's number, caliber and other marks of
identification on such handgun and such other information as the superintendent
shall deem necessary for the proper enforcement of this chapter.� The register
shall be retained by the dealer and shall be made available at all reasonable
hours for inspection by any law enforcement officer.
���� (2) Every person engaged in
the retail business of selling, leasing, or otherwise transferring handgun
ammunition, as a retail dealer or otherwise, shall keep an electronic record in
which shall be entered the name of the manufacturer; the date of the transaction;
the type; caliber or gauge of the ammunition; the quantity of the ammunition
sold; the name, address, and date of birth of the purchaser; the identification
used to establish the identity of the purchaser; and any other information the
superintendent shall deem necessary for the proper enforcement of this chapter.
���� The electronic records shall
be retained by the dealer and shall be made available at all reasonable hours
for inspection by any law enforcement officer, and additionally shall be
electronically reported to the superintendent in accordance with section 5 of
P.L.2022, c.55 (C.2C:58-3.3a).
���� (3) Every retail dealer in the
business of selling or otherwise transferring handgun ammunition shall
immediately electronically report to the State Police any transaction involving
the sale, transfer, assignment, or disposition of 2,000 or more rounds of
handgun ammunition and information relating to each transaction in accordance
with this subsection.
���� Until the implementation of
the electronic record system described in paragraph (2) of subsection b. of
this section or section 5 of P.L.2022, c.55 (C.2C:58-3.3a), the retail dealer
shall immediately contact the State Police regarding the sale, transfer,
assignment, or disposition of 2,000 or more rounds of handgun ammunition in
accordance with guidelines established by the superintendent.
���� c.���� Forms of register.
���� (1) Until the implementation
of the electronic record system described in paragraph (2) of subsection b. of
this section or section 5 of P.L.2022, c.55 (C.2C:58-3.3a), the superintendent
shall prepare the form of the register as described in paragraph (1) of
subsection b. of this section and furnish the same in triplicate to each person
licensed to be engaged in the business of selling, leasing or otherwise
transferring firearms.
���� (2) All retail dealers of
handgun ammunition shall establish a system for maintaining electronic records
of the sale or transfer of handgun ammunition within 12 months after the
effective date of P.L.2022, c.55 (C.2C:58-3.3a et al.).
���� d.��� Signatures in register.�
Until the dealer implements an electronic record system as described in
paragraph (2) of subsection b. of this section or section 5 of P.L.2022, c.55
(C.2C:58-3.3a), the purchaser, lessee or transferee of any handgun shall sign, and
the dealer shall require him to sign his name to the register, in triplicate,
and the person making the sale, lease or transfer shall affix his name, in
triplicate, as a witness to the signature.� The signatures, or the entry of an
electronic signature in the electronic record system pursuant to paragraph (2)
of subsection b. of this section or section 5 of P.L.2022, c.55 (C.2C:58-3.3a),
shall constitute a representation of the accuracy of the information contained
in the register.
���� e.���� Copies of register
entries; delivery to chief of police or county clerk.
���� (1) �Except as otherwise
provided in paragraph (2) of this subsection, within five days of the date of
the sale, assignment or transfer, the dealer shall deliver or mail by certified
mail, return receipt requested, legible copies of the register forms to the office
of the chief of police of the municipality in which the purchaser resides, or
to the office of the captain of the precinct of the municipality in which the
purchaser resides, and to the superintendent.� If hand delivered a receipt
shall be given to the dealer therefor.
���� Where a sale, assignment or
transfer is made to a purchaser who resides in a municipality having no chief
of police, the dealer shall, within five days of the transaction, mail a
duplicate copy of the register sheet to the clerk of the county within which
the purchaser resides.
���� (2) �A dealer shall not be
required to use the triplicate form after the dealer establishes an electronic
reporting system pursuant to paragraph (2) of subsection b. of this section or
section 5 of P.L.2022, c.55 (C.2C:58-3.3a).
(cf: P.L.2022, c.55, s.2)
���� 9.��� This act shall take
effect on the first day of the third year next following enactment, except that
the superintendent may take any anticipatory administrative action required for
the implementation of this act.�
STATEMENT
���� This bill establishes the
�Responsibility in Firearms Sales Act.�
���� Under the bill, a manufacturer
of firearms is prohibited from manufacturing or selling any firearm at
wholesale unless the manufacturer holds a valid �Responsibility in Firearms
Sales� license issued by the Superintendent of State Police.�
���� The bill requires a
manufacturer to complete an application and pay an annual fee to obtain a
license.� Under the bill, the fee for the license is to be set by the
superintendent, as follows:
���� (1)�� The total annual
aggregate fee for all manufacturers of firearms in this State is to be set at
an amount that the superintendent estimates is equal to the public health costs
and financial burdens borne by the State and its residents as a result of firearm
injuries occurring in this State, as determined by the superintendent based on
the incidence of firearm injuries in this State in the previous year, except
that during the first year the license is established, the total annual
aggregate fee shall not exceed $866,000,000.�
���� (2)�� The total annual
aggregate fee for all manufacturers of firearms in this State is to annually
thereafter be increased by the annual unadjusted percentage increase in the
consumer price index for the 12 months ending with the September preceding each
November 1, including all previous adjustments.�
���� (3)�� The fee paid by a
manufacturer is to be the portion of the total annual aggregate fee equal to
the market share of the manufacturer, as determined by the superintendent.
���� (4)�� The superintendent may
adjust the fee paid by a manufacturer based on the number of firearms recovered
in a given year in connection with incidents involving firearm injuries that
are linked to a specific manufacturer in the State, regardless of modifications
or accessories added to the firearm after manufacturing, divided by the total
number of firearms recovered in connection with those incidents in that same
year.�
���� Under the bill, the
superintendent is required to provide notice of the fee amount to a
manufacturer at least 90 days prior to the annual renewal date.� The bill
requires the superintendent to establish procedures for a manufacturer to
dispute the fee amount.�
���� The bill prohibits a retail
dealer of firearms from selling a firearm to a consumer in this State unless
the manufacturer of that firearm has a valid license.�
���� Under the bill, the
superintendent is required to maintain on an Internet website a list of all
manufacturers that possess a valid license, which is to serve as notice to a
retail dealer of whether the sale of a manufacturer�s firearm is authorized
under the bill� The bill provides that it is not a defense to a violation of
provisions of the bill that a retailer dealer did not know whether a
manufacturer possessed a valid license, provided the manufacturer of the
firearm was listed on the Internet website at the time of sale.
���� The bill authorizes the
Attorney General to investigate any suspected violation of the bill�s
provisions and to institute a civil action in a court of competent jurisdiction
for equitable or other relief.�
���� Under the bill, a manufacturer
that violates the bill�s provisions is subject to a civil penalty of up to $1
million for each month the violation continues.� A retail dealer who violates
the bill's provisions is subject to a civil penalty of up to $10,000 per
violation and may have their retail dealer license revoked.�
���� The bill provides that all
fees and penalties collected under its provisions are to be deposited in a
special, non-lapsing fund established in the Department of Treasury, to be
known as the �RIFS Fund.��
���� Under the bill, the fund is to
be administered by the Victims of Crime Compensation Office (VCCO), in
consultation with the superintendent, and moneys deposited into the RIFS fund
are to be used to provide an award of compensation to firearms victims to reimburse
direct costs associated with a firearm injury or death.�
���� The bill provides that a
victim is eligible for compensation for three years following the date of
injury, unless the injury results in permanent disability.� Under the bill,
there is no monetary limitation on an award of compensation.� However, if the total
amount of approved claims exceeds the funds available from the RIFS Fund in any
given year, the VCCO is to reduce, to the extent practicable, the award
approved for each claimant on a pro rata basis and is to provide claimants with
an equal percentage of the total amount of each respective claimant�s approved
award.� When additional funds become available from the RIFS fund, the VCCO may
make supplemental payments to claimants whose approved awards had previously
been reduced.�
���� The bill defines �victim of
firearms� to mean any person who is killed by a firearm injury or suffers a
firearm injury; or the next of kin of that person, legal guardian, dependent,
first-degree relative, second-degree relative, or employer.� The bill defines
"firearm injury or death" to mean an injury to or the death of a
person, including firearm-related suicides and firearm-related homicides, that
is caused by a high-velocity projectile fired from a firearm.
���� The Legislature finds that the
economic impact of firearm violence is substantial and includes medical and
lost productivity costs, and that people who survive a firearm-related injury
often experience long-term consequences that may include physical disability
from the injury and chronic mental health conditions.� The Legislature further
finds that in order to protect the health, welfare, and safety of the people of
this State, it is necessary to require the licensing of manufacturers of
firearms and to distribute the proceeds to firearm victims.