Establishes "gun-free" and "weapon free" zones around certain school and public properties.

S3347

SENATE, No. 3347

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Establishes �gun-free� and �weapon free� zones around
certain school and public properties.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the possession of a firearm or weapon in
certain cases and amending N.J.S.2C:39-5 and N.J.S.2C:39-6.

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

���� 1.��� N.J.S.2C:39-5 is amended
to read as follows:

���� �2C:39-5.� Unlawful possession
of weapons. a. Machine guns. Any person who knowingly has in his possession a
machine gun or any instrument or device adaptable for use as a machine gun,
without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a
crime of the second degree.

���� b.��� Handguns.� (1)� Any
person who knowingly has in his possession any handgun, including any antique
handgun, without first having obtained a permit to carry the same as provided
in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun
is in the nature of an air gun, spring gun or pistol or other weapon of a
similar nature in which the propelling force is a spring, elastic band, carbon
dioxide, compressed or other gas or vapor, air or compressed air, or is ignited
by compressed air, and ejecting a bullet or missile smaller than three-eighths
of an inch in diameter, with sufficient force to injure a person it is a crime
of the third degree.

���� c.���� Rifles and shotguns.�
(1) Any person who knowingly has in his possession any rifle or shotgun without
having first obtained a firearms purchaser identification card in accordance
with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

���� (2)�� Unless otherwise
permitted by law, any person who knowingly has in his possession any loaded
rifle or shotgun is guilty of a crime of the third degree.

���� d.��� Other weapons.� Any
person who knowingly has in his possession any other weapon under circumstances
not manifestly appropriate for such lawful uses as it may have is guilty of a
crime of the fourth degree.

���� e.���� Firearms or other
weapons in educational institutions.

���� (1)��
(a)
� Any person
who knowingly has in his possession any firearm in or upon any part of the
buildings or grounds of any school, college, university or other educational
institution, without the written authorization of the governing officer of the
institution, is guilty of a crime of the third degree, irrespective of whether
he possesses a valid permit to carry the firearm or a valid firearms purchaser
identification card.

����
(b)�� Any person who
knowingly has in his possession any firearm while within 1,000 feet from the
outermost boundaries of buildings or grounds owned or leased by any school,
college, university or other education institution and used for school
purposes, or while on any school bus, and possesses that firearm in violation
of any law of this State is guilty of a crime of the third degree.

����
It shall not be a defense
to a prosecution for a violation of this subparagraph that the actor was
unaware that the prohibited possession took place within 1,000 feet of school
property.� It shall not be a defense to a prosecution under this subparagraph
that no juveniles or students were present on the school property at the time
of the offense or that the school was not in session.

����
In a prosecution under this
subparagraph, a map produced or reproduced by any municipal or county engineer
for the purpose of depicting the location and boundaries of the buildings or
grounds owned by or leased to any school, school board, college, university or
other educational institution and used for school purposes, or within 1,000
feet from the outermost boundaries of those buildings or grounds, or a true
copy of such a map, shall be admissible upon proper authentication, and shall
constitute prima facie evidence of the location and boundaries of those areas,
provided that the governing body of the municipality or county has adopted a
resolution or ordinance approving the map as the official finding and record of
the location and boundaries of those areas.� Any map approved pursuant to this
subparagraph may be changed from time to time by the governing body of the
municipality or county.� The original of every map approved or revised pursuant
to this subparagraph, or a true copy thereof, shall be filed with the clerk of
the municipality or county, and shall be maintained as an official record of
the municipality or county.� Nothing in this subparagraph shall be construed to
preclude the prosecution from introducing or relying upon any other evidence or
testimony to establish any element of this offense; nor shall this subparagraph
be construed to preclude the use or admissibility of any map or diagram other
than one which has been approved by the governing body of a municipality or
county, provided that the map or diagram is otherwise admissible pursuant to
the Rules of Evidence.

���� (2)��
(a)
� Any person
who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of
subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled
into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or
any other weapon under circumstances not manifestly appropriate for such lawful
use as it may have, while in or upon any part of the buildings or grounds of
any school, college, university or other educational institution without the
written authorization of the governing officer of the institution is guilty of
a crime of the fourth degree.

����
(b)�� Any person who
knowingly possesses any weapon enumerated in paragraphs (3) and (4) of
subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled
into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or
any other weapon under circumstances not manifestly appropriate for such lawful
use as it may have, while within 1,000 feet from the outermost boundaries of
buildings or grounds owned or leased by any school, college, university or
other education institution, or while on any school bus, is guilty of a crime
of the fourth degree.

����
It shall not be a defense
to a prosecution for a violation of this subparagraph that the actor was
unaware that the prohibited possession took place within 1,000 feet of school
property.� It shall not be a defense to a prosecution under this subparagraph
that no juveniles or students were present on the school property at the time
of the offense or that the school was not in session.

����
In a prosecution under this
subparagraph, a map produced or reproduced by any municipal or county engineer
for the purpose of depicting the location and boundaries of the buildings or
grounds owned by or leased to any school, school board, college, university or
other educational institution and used for school purposes, or within 1,000
feet from the outermost boundaries of those buildings or grounds, or a true
copy of such a map, shall be admissible upon proper authentication, and shall
constitute prima facie evidence of the location and boundaries of those areas,
provided that the governing body of the municipality or county has adopted a
resolution or ordinance approving the map as the official finding and record of
the location and boundaries of those areas.� Any map approved pursuant to this
subparagraph may be changed from time to time by the governing body of the
municipality or county.� The original of every map approved or revised pursuant
to this subparagraph, or a true copy thereof, shall be filed with the clerk of
the municipality or county, and shall be maintained as an official record of
the municipality or county.� Nothing in this subparagraph shall be construed to
preclude the prosecution from introducing or relying upon any other evidence or
testimony to establish any element of this offense; nor shall this subparagraph
be construed to preclude the use or admissibility of any map or diagram other
than one which has been approved by the governing body of a municipality or
county, provided that the map or diagram is otherwise admissible pursuant to
the Rules of Evidence.

���� (3)�� Any person who knowingly
has in his possession any imitation firearm in or upon any part of the
buildings or grounds of any school, college, university or other educational
institution, without the written authorization of the governing officer of the
institution, or while on any school bus is a disorderly person, irrespective of
whether he possesses a valid permit to carry a firearm or a valid firearms
purchaser identification card.

���� �f.��� Assault firearms.� Any
person who knowingly has in his possession an assault firearm is guilty of a
crime of the second degree except if the assault firearm is licensed pursuant
to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12);
or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).

���� g.��� (1)� The temporary
possession of a handgun, rifle or shotgun by a person receiving, possessing,
carrying or using the handgun, rifle, or shotgun under the provisions of
section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful
possession under the provisions of subsection b. or c. of this section.

���� (2)�� The temporary possession
of a firearm by a person receiving, possessing, carrying or using the firearm
under the provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2) shall not be
considered unlawful possession under the provisions of this section.

���� h.��� A person who is
convicted of a crime under subsection a., b., f. or j. of this section shall be
ineligible for participation in any program of intensive supervision; provided,
however, that this provision shall not apply to a crime under subsection b. involving
only a handgun which is in the nature of an air gun, spring gun or pistol or
other weapon of a similar nature in which the propelling force is a spring,
elastic band, carbon dioxide, compressed or other gas or vapor, air or
compressed air, or is ignited by compressed air, and ejecting a bullet or
missile smaller than three-eighths of an inch in diameter, with sufficient
force to injure a person.

���� i.���� A person convicted of
violating subsection a., b. or f. of this section shall be sentenced by the
court to a term of imprisonment, which shall include the imposition of a
minimum term during which the defendant shall be ineligible for parole, if the
court finds that the aggravating circumstance set forth in paragraph (5) of
subsection a. of N.J.S.2C:44-1 applies.� The minimum term of parole
ineligibility shall be fixed at five years.� The sentencing court shall make a
finding on the record as to whether the aggravating circumstance set forth in
paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, and the court shall
presume that there is a substantial likelihood that the defendant is involved
in organized criminal activity if there is a substantial likelihood that the
defendant is a member of an organization or group that engages in criminal
activity.� The prosecution at the sentencing hearing shall have the initial
burden of producing evidence or information concerning the defendant's
membership in such an organization or group.

���� j.���� A violation of
subsection a., b., c. or f. of this section by a person who has a prior
conviction of any of the crimes enumerated in subsection d. of section 2 of
P.L.1997, c.117 (C.2C:43-7.2) is a first degree crime.

����
k.��� (1)� For the purposes
of this subsection:

���� �
Day care center� means a
public or private facility in the State which provides children with
out-of-home care, supervision or maintenance.

����
�Public building� means any
publicly owned or leased library or museum.

����
�Public housing facility�
means any dwelling, complex of dwellings, accommodation, building, structure or
facility and real property of any nature appurtenant thereto and used in
connection therewith, which is owned by or leased to a local housing authority
in accordance with the �Local Redevelopment and Housing Law,� P.L.1992, c.79
(C.40A:12A-1 et seq.), for the purpose of providing living accommodations to
person of low income.

����
�Public park� means a park,
recreation facility or area or playground owned or controlled by a State,
county or local government unit.

����
�Public property safety
zone� means any day care center, public housing facility, public park, or
public building.

����
(2)�� Any person who
knowingly has in his possession any firearm while within 500 feet from the
outermost boundaries of a public property safety zone and possesses that
firearm in violation of any law of this State is guilty of a crime of the third
degree.

����
(3)�� Any person who
knowingly possesses any weapon enumerated in paragraphs (3) and (4) of
subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled
into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or
any other weapon under circumstances not manifestly appropriate for such lawful
use as it may have, while within 500 feet from the outermost boundaries of a
public property safety zone is guilty of a crime of the fourth degree.

����
(4)�� It shall not be a
defense to a prosecution for a violation of this subsection that the actor was
unaware that the prohibited possession took place within 1,000 feet of a public
property safety zone.

����
In a prosecution under this
subsection, a map produced or reproduced by any municipal or county engineer
for the purpose of depicting the location and boundaries of the buildings or
grounds comprising a public property safety zone, or within 1,000 feet from the
outermost boundaries of those buildings or grounds, or a true copy of such a
map, shall be admissible upon proper authentication, and shall constitute prima
facie evidence of the location and boundaries of those areas, provided that the
governing body of the municipality or county has adopted a resolution or
ordinance approving the map as the official finding and record of the location
and boundaries of those areas.� Any map approved pursuant to this subsection
may be changed from time to time by the governing body of the municipality or
county.� The original of every map approved or revised pursuant to this
section, or a true copy thereof, shall be filed with the clerk of the
municipality or county, and shall be maintained as an official record of the
municipality or county. Nothing in this subsection shall be construed to
preclude the prosecution from introducing or relying upon any other evidence or
testimony to establish any element of this offense; nor shall this section be
construed to preclude the use or admissibility of any map or diagram other than
one which has been approved by the governing body of a municipality or county,
provided that the map or diagram is otherwise admissible pursuant to the Rules
of Evidence.

(cf: P.L.2013, c.113, s.1)

���� 2.��� N.J.S.2C:39-6 is amended
to read as follows:

���� 2C:39-6. a. Provided a person
complies with the requirements of subsection j. of this section, N.J.S.2C:39-5
does not apply to:

���� (1) Members of the Armed
Forces of the United States or of the National Guard while actually on duty, or
while traveling between places of duty and carrying authorized weapons in the
manner prescribed by the appropriate military authorities;

���� (2) Federal law enforcement
officers, and any other federal officers and employees required to carry
firearms in the performance of their official duties;

���� (3) Members of the State
Police and, under conditions prescribed by the superintendent, members of the
Marine Law Enforcement Bureau of the Division of State Police;

���� (4) A sheriff, undersheriff,
sheriff's officer, prosecutor's detective or investigator, State investigator
employed by the Division of Criminal Justice of the Department of Law and
Public Safety, investigator employed by the State Commission of Investigation,
inspector of the Alcoholic Beverage Control Enforcement Bureau of the Division
of State Police in the Department of Law and Public Safety authorized to carry
weapons by the Superintendent of State Police, State park police officer, or
State conservation police officer;

���� (5) Except as hereinafter
provided, a State correctional police officer, or a prison or jail warden of
any penal institution in this State or the warden's deputies, or an employee of
the Department of Corrections engaged in the interstate transportation of
convicted offenders, while in the performance of the employee's duties, and
when required to possess the weapon by a superior officer, or a correctional
police officer or keeper of a penal institution in this State at all times
while in the State of New Jersey, provided the person annually passes an
examination approved by the superintendent testing the person's proficiency in
the handling of firearms;

���� (6) A civilian employee of the
United States Government under the supervision of the commanding officer of any
post, camp, station, base or other military or naval installation located in
this State who is required, in the performance of the employee's official
duties, to carry firearms, and who is authorized to carry firearms by the
commanding officer, while in the actual performance of the employee's official
duties;

���� (7) (a) A regularly employed
member, including a detective, of the police department of any county or
municipality, or of any State, interstate, municipal or county park police
force or boulevard police force, at all times while in the State of New Jersey;

���� (b) A special law enforcement
officer authorized to carry a weapon as provided in subsection b. of section 7
of P.L.1985, c.439 (C.40A:14-146.14);

���� (c) An airport security
officer or a special law enforcement officer appointed by the governing body of
any county or municipality, except as provided in subparagraph (b) of this
paragraph, or by the commission, board or other body having control of a county
park or airport or boulevard police force, while engaged in the actual
performance of the officer's official duties and when specifically authorized
by the governing body to carry weapons;

���� (8) A full-time, paid member
of a paid or part-paid fire department or force of any municipality who is
assigned full-time or part-time to an arson investigation unit created pursuant
to section 1 of P.L.1981, c.409 (C.40A:14-7.1) or to the county arson investigation
unit in the county prosecutor's office, while either engaged in the actual
performance of arson investigation duties or while actually on call to perform
arson investigation duties and when specifically authorized by the governing
body or the county prosecutor, as the case may be, to carry weapons. Prior to
being permitted to carry a firearm, a member shall take and successfully
complete a firearms training course administered by the Police Training
Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall annually
qualify in the use of a revolver or similar weapon prior to being permitted to
carry a firearm;

���� (9) A juvenile correctional
police officer in the employment of the Youth Justice Commission established
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) subject to the
regulations promulgated by the commission;

���� (10) A designated employee or
designated licensed agent for a nuclear power plant under license of the
Nuclear Regulatory Commission, while in the actual performance of the person's
official duties, if the federal licensee certifies that the designated employee
or designated licensed agent is assigned to perform site protection, guard,
armed response or armed escort duties and is appropriately trained and
qualified, as prescribed by federal regulation, to perform those duties.� Any
firearm utilized by an employee or agent for a nuclear power plant pursuant to
this paragraph shall be returned each day at the end of the employee's or
agent's authorized official duties to the employee's or agent's supervisor.�
All firearms returned each day pursuant to this paragraph shall be stored in
locked containers located in a secure area;

���� (11) A county correctional
police officer at all times while in the State of New Jersey, provided the
officer annually passes an examination approved by the superintendent testing
the officer's proficiency in the handling of firearms;

���� (12) A county prosecutor,
assistant prosecutor, federal prosecutor, municipal prosecutor, Attorney
General, assistant attorney general, deputy attorney general and federal,
State, county, or municipal court judge, including a judge of the Tax Court and
any other court of limited jurisdiction established, altered, or abolished by
law, a judge of the Office of Administrative Law, a judge of the Division of
Workers' Compensation at all times while in this State.� Prior to being
permitted to carry a firearm, a person subject to this paragraph shall take and
successfully complete a firearms training course administered by the Police
Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall
annually qualify in the use of a handgun or similar weapon prior to being
permitted to carry a firearm.� The superintendent may issue identification
cards indicating that such a person is permitted to carry a handgun pursuant to
this paragraph.

���� b.��� Subsections a., b.
[
and
]
,
c.
,
k., and subparagraph (b) of paragraph (1) and subparagraph (b) of paragraph (2)
of subsection e.
of N.J.S.2C:39-5 do not apply to:

���� (1)�� A law enforcement
officer employed by a governmental agency outside of the State of New Jersey
while actually engaged in the officer's official duties, provided, however,
that the officer has first notified the superintendent or the chief law
enforcement officer of the municipality or the prosecutor of the county in
which the officer is engaged; or

���� (2)�� A licensed dealer in
firearms and the dealer's registered employees during the course of their
normal business while traveling to and from their place of business and other
places for the purpose of demonstration, exhibition or delivery in connection
with a sale, provided, however, that the weapon is carried in the manner
specified in subsection g. of this section.

���� c.���� Provided a person
complies with the requirements of subsection j. of this section, subsections b.

[
and
]
,
c.
,
k., and subparagraph (b) of paragraph (1) and subparagraph (b) of paragraph (2)
of subsection e.
of N.J.S.2C:39-5 do not apply to:

���� (1)�� A special agent of the
Division of Taxation who has passed an examination in an approved police
training program testing proficiency in the handling of any firearm which the
agent may be required to carry, while in the actual performance of the agent's
official duties and while going to or from the agent's place of duty, or any
other police officer, while in the actual performance of the officer's official
duties;

���� (2)�� A State deputy
conservation police officer or a full-time employee of the Division of Parks
and Forestry having the power of arrest and authorized to carry weapons, while
in the actual performance of the officer's official duties;

���� (3)� (Deleted by amendment,
P.L.1986, c.150.)

���� (4)� A court attendant
appointed by the sheriff of the county or by the judge of any municipal court
or other court of this State, while in the actual performance of the
attendant's official duties;

���� (5) A guard employed by any
railway express company, banking or building and loan or savings and loan
institution of this State, while in the actual performance of the guard's
official duties;

���� (6)� A member of a legally
recognized military organization while actually under orders or while going to
or from the prescribed place of meeting and carrying the weapons prescribed for
drill, exercise or parade;

���� (7)� A municipal humane law
enforcement officer, authorized pursuant to subsection d. of section 25 of
P.L.2017, c.331 (C.4:22-14.1), or humane law enforcement officer of a county
society for the prevention of cruelty to animals authorized pursuant to subsection
c. of section 29 of P.L.2017, c.331 (C.4:22-14.5), while in the actual
performance of the officer's duties;

���� (8)� An employee of a public
utilities corporation actually engaged in the transportation of explosives;

���� (9)� A railway policeman,
except a transit police officer of the New Jersey Transit Police Department, at
all times while in the State of New Jersey, provided that the person has passed
an approved police academy training program consisting of at least 280 hours.�
The training program shall include, but need not be limited to, the handling of
firearms, community relations, and juvenile relations;

���� (10)� A campus police officer
appointed under P.L.1970, c.211 (C.18A:6-4.2 et seq.) at all times.� Prior to
being permitted to carry a firearm, a campus police officer shall take and
successfully complete a firearms training course administered by the Police
Training Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and
shall annually qualify in the use of a revolver or similar weapon prior to
being permitted to carry a firearm;

���� (11)� (Deleted by amendment,
P.L.2003, c.168).

���� (12)� A transit police officer
of the New Jersey Transit Police Department, at all times while in the State of
New Jersey, provided the officer has satisfied the training requirements of the
Police Training Commission, pursuant to subsection c. of section 2 of P.L.1989,
c.291 (C.27:25-15.1);

���� (13)� A parole officer
employed by the State Parole Board at all times.� Prior to being permitted to
carry a firearm, a parole officer shall take and successfully complete a basic
course for regular police officer training administered by the Police Training
Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall
annually qualify in the use of a revolver or similar weapon prior to being
permitted to carry a firearm;

���� (14)� A Human Services police
officer at all times while in the State of New Jersey, as authorized by the
Commissioner of Human Services;

���� (15)� A person or employee of
any person who, pursuant to and as required by a contract with a governmental
entity, supervises or transports persons charged with or convicted of an
offense;

���� (16)� A housing authority
police officer appointed under P.L.1997, c.210 (C.40A:14-146.19 et al.) at all
times while in the State of New Jersey; or

���� (17)� A probation officer
assigned to the "Probation Officer Community Safety Unit" created by
section 2 of P.L.2001, c.362 (C.2B:10A-2) while in the actual performance of
the probation officer's official duties.� Prior to being permitted to carry a
firearm, a probation officer shall take and successfully complete a basic
course for regular police officer training administered by the Police Training
Commission, pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), and shall
annually qualify in the use of a revolver or similar weapon prior to being
permitted to carry a firearm.

���� d. (1) Subsections c.
[
and
]
,
d.
,
k., and subparagraph (b) of paragraph (1) and subparagraph (b) of paragraph (2)
of subsection e.
of N.J.S.2C:39-5 do not apply to antique firearms,
provided that the antique firearms are unloaded or are being fired for the
purposes of exhibition or demonstration at an authorized target range or in
another manner approved in writing by the chief law enforcement officer of the
municipality in which the exhibition or demonstration is held, or if not held
on property under the control of a particular municipality, the superintendent.

���� (2)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an antique
cannon that is capable of being fired but that is unloaded and immobile,
provided that the antique cannon is possessed by (a) a scholastic institution,
a museum, a municipality, a county or the State, or (b) a person who obtained a
firearms purchaser identification card as specified in N.J.S.2C:58-3.

���� (3)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to an unloaded
antique cannon that is being transported by one eligible to possess it, in
compliance with regulations the superintendent may promulgate, between its
permanent location and place of purchase or repair.

���� (4)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to antique
cannons that are being loaded or fired by one eligible to possess an antique
cannon, for purposes of exhibition or demonstration at an authorized target
range or in the manner as has been approved in writing by the chief law
enforcement officer of the municipality in which the exhibition or
demonstration is held, or if not held on property under the control of a
particular municipality, the superintendent, provided that performer has given
at least 30 days' notice to the superintendent.

���� (5)�� Subsection a. of
N.J.S.2C:39-3 and subsection d. of N.J.S.2C:39-5 do not apply to the
transportation of unloaded antique cannons directly to or from exhibitions or
demonstrations authorized under paragraph (4) of subsection d. of this section,
provided that the transportation is in compliance with safety regulations the
superintendent may promulgate.� Those subsections shall not apply to
transportation directly to or from exhibitions or demonstrations authorized
under the law of another jurisdiction, provided that the superintendent has
been given 30 days' notice and that the transportation is in compliance with
safety regulations the superintendent may promulgate.

���� e.���� Nothing in subsections
b., c.,
[
and
]
d.
, k.,
and subparagraph (b) of paragraph (1) and subparagraph (b) of paragraph (2) of
subsection e.
of N.J.S.2C:39-5 shall be construed to prevent a person
keeping or carrying about the person's place of business, residence, premises
or other land owned or possessed by the person, any firearm, or from carrying
the same, in the manner specified in subsection g. of this section, from any
place of purchase to the person's residence or place of business, between the
person's dwelling and place of business, between one place of business or
residence and another when moving, or between the person's dwelling or place of
business and place where the firearms are repaired, for the purpose of repair.�
For the purposes of this section, a place of business shall be deemed to be a
fixed location.

���� f.���� Nothing in subsections
b., c.,
[
and
]
d.
, k.,
and subparagraph (b) of paragraph (1) and subparagraph (b) of paragraph (2) of
subsection e.
of N.J.S.2C:39-5 shall be construed to prevent:

���� (1)�� A member of any rifle or
pistol club organized in accordance with the rules prescribed by the National
Board for the Promotion of Rifle Practice, in going to or from a place of
target practice, carrying firearms necessary for target practice, provided that
the club has filed a copy of its charter with the superintendent and annually
submits a list of its members to the superintendent and provided further that
the firearms are carried in the manner specified in subsection g. of this
section;

���� (2)�� A person carrying a
firearm or knife in the woods or fields or upon the waters of this State for
the purpose of hunting, target practice or fishing, provided that the firearm
or knife is legal and appropriate for hunting or fishing purposes in this State
and the person has in the person's possession a valid hunting license, or, with
respect to fresh water fishing, a valid fishing license;

���� (3)�� A person transporting
any firearm or knife while traveling:

���� (a)�� Directly to or from any
place for the purpose of hunting or fishing, provided the person has in the
person's possession a valid hunting or fishing license; or

���� (b)�� Directly to or from any
target range, or other authorized place for the purpose of practice, match,
target, trap or skeet shooting exhibitions, provided in all cases that during
the course of the travel all firearms are carried in the manner specified in
subsection g. of this section and the person has complied with all the
provisions and requirements of Title 23 of the Revised Statutes and any
amendments thereto and all rules and regulations promulgated thereunder; or

���� (c)�� In the case of a
firearm, directly to or from any exhibition or display of firearms which is
sponsored by any law enforcement agency, any rifle or pistol club, or any
firearms collectors club, for the purpose of displaying the firearms to the
public or to the members of the organization or club, provided, however, that
not less than 30 days prior to the exhibition or display, notice of the
exhibition or display shall be given to the Superintendent of the State Police
by the sponsoring organization or club, and the sponsor has complied with any
reasonable safety regulations the superintendent may promulgate.� Any firearms
transported pursuant to this section shall be transported in the manner
specified in subsection g. of this section;

���� (4)�� A person from keeping or
carrying about a private or commercial aircraft or any boat, or from
transporting to or from the aircraft or boat for the purpose of installation or
repair of a visual distress signaling device approved by the United States
Coast Guard.

���� g.��� Any weapon being
transported under paragraph (2) of subsection b., subsection e., or paragraph
(1) or (3) of subsection f. of this section shall be carried unloaded and
contained in a closed and fastened case, gunbox, securely tied package, or
locked in the trunk of the automobile in which it is being transported, and in
the course of travel shall include only deviations as are reasonably necessary
under the circumstances.

���� h.��� Nothing in subsection d.
,
subparagraph (b) of paragraph (2) of subsection e., and paragraph (3) of
subsection k.
of N.J.S.2C:39-5 shall be construed to prevent any employee
of a public utility, as defined in R.S.48:2-13, doing business in this State or
any United States Postal Service employee, while in the actual performance of
duties which specifically require regular and frequent visits to private
premises, from possessing, carrying or using any device which projects,
releases or emits any substance specified as being noninjurious to canines or
other animals by the Commissioner of Health and which immobilizes only on a
temporary basis and produces only temporary physical discomfort through being
vaporized or otherwise dispensed in the air for the sole purpose of repelling
canine or other animal attacks.

���� The device shall be used
solely to repel only those canine or other animal attacks when the canines or
other animals are not restrained in a fashion sufficient to allow the employee
to properly perform the employee's duties.

���� Any device used pursuant to
this act shall be selected from a list of products, which consist of active and
inert ingredients, permitted by the Commissioner of Health.

���� i. (1) Nothing in
N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age
or older and who has not been convicted of a crime, from possession for the
purpose of personal self-defense of one pocket-sized device which contains and
releases not more than three-quarters of an ounce of chemical substance not
ordinarily capable of lethal use or of inflicting serious bodily injury, but
rather, is intended to produce temporary physical discomfort or disability
through being vaporized or otherwise dispensed in the air. Any person in
possession of any device in violation of this subsection shall be deemed and
adjudged to be a disorderly person, and upon conviction thereof, shall be
punished by a fine of not less than $100.

���� (2)�� Notwithstanding the
provisions of paragraph (1) of this subsection, nothing in N.J.S.2C:39-5 shall
be construed to prevent a health inspector or investigator operating pursuant
to the provisions of section 7 of P.L.1977, c.443 (C.26:3A2-25) or a building
inspector from possessing a device which is capable of releasing more than
three-quarters of an ounce of a chemical substance, as described in paragraph
(1) of this subsection, while in the actual performance of the inspector's or
investigator's duties, provided that the device does not exceed the size of
those used by law enforcement.

���� j.���� A person shall qualify
for an exemption from the provisions of N.J.S.2C:39-5, as specified under
subsections a. and c. of this section, if the person has satisfactorily
completed a firearms training course approved by the Police Training
Commission.

���� The exempt person shall not
possess or carry a firearm until the person has satisfactorily completed a
firearms training course and shall annually qualify in the use of a revolver or
similar weapon. For purposes of this subsection, a "firearms training
course" means a course of instruction in the safe use, maintenance and
storage of firearms which is approved by the Police Training Commission.� The
commission shall approve a firearms training course if the requirements of the
course are substantially equivalent to the requirements for firearms training
provided by police training courses which are certified under section 6 of
P.L.1961, c.56 (C.52:17B-71). A person who is specified in paragraph (1), (2),
(3), or (6) of subsection a. of this section shall be exempt from the
requirements of this subsection.

���� k.��� Nothing in subsection d.
,
subparagraph (b) of paragraph (2) of subsection e., and paragraph (3) of
subsection k.
of N.J.S.2C:39-5 shall be construed to prevent any financial
institution, or any duly authorized personnel of the institution, from
possessing, carrying or using for the protection of money or property, any
device which projects, releases or emits tear gas or other substances intended
to produce temporary physical discomfort or temporary identification.

���� l.���� Nothing in subsection b.
,
subparagraph (b) of paragraph (2) of subsection e., and paragraph (3) of
subsection k.
of N.J.S.2C:39-5 shall be construed to prevent a law
enforcement officer who retired in good standing, including a retirement
because of a disability pursuant to section 6 of P.L.1944, c.255 (C.43:16A-6),
section 7 of P.L.1944, c.255 (C.43:16A-7), section 1 of P.L.1989, c.103
(C.43:16A-6.1), or any substantially similar statute governing the disability
retirement of federal law enforcement officers, provided the officer was a
regularly employed, full-time law enforcement officer for an aggregate of four
or more years prior to the officer's disability retirement and further provided
that the disability which constituted the basis for the officer's retirement
did not involve a certification that the officer was mentally incapacitated for
the performance of the officer's usual law enforcement duties and any other
available duty in the department which the officer's employer was willing to
assign to the officer or does not subject that retired officer to any of the
disabilities set forth in subsection c. of N.J.S.2C:58-3 which would disqualify
the retired officer from possessing or carrying a firearm, who semi-annually
qualifies in the use of the handgun the officer is permitted to carry in
accordance with the requirements and procedures established by the Attorney
General pursuant to subsection j. of this section and pays the actual costs
associated with those semi-annual qualifications, who is 75 years of age or
younger, and who was regularly employed as a full-time member of the State
Police; a full-time member of an interstate police force; a full-time member of
a county or municipal police department in this State; a full-time member of a
State law enforcement agency; a full-time sheriff, undersheriff or sheriff's
officer of a county of this State; a full-time State or county correctional
police officer; a full-time State correctional police officer or county
correctional police officer; a full-time State or county park police officer; a
full-time special agent of the Division of Taxation; a full-time Human Services
police officer; a full-time transit police officer of the New Jersey Transit
Police Department; a full-time campus police officer exempted pursuant to
paragraph (10) of subsection c. of this section; a full-time State conservation
police officer exempted pursuant to paragraph (4) of subsection a. of this
section; a full-time Palisades Interstate Park officer appointed pursuant to
R.S.32:14-21; a full-time Burlington County Bridge police officer appointed
pursuant to section 1 of P.L.1960, c.168 (C.27:19-36.3); a full-time housing
authority police officer exempted pursuant to paragraph (16) of subsection c.
of this section; a full-time juvenile correctional police officer exempted
pursuant to paragraph (9) of subsection a. of this section; a full-time parole
officer exempted pursuant to paragraph (13) of subsection c. of this section; a
full-time railway policeman exempted pursuant to paragraph (9) of subsection c.
of this section; a full-time county prosecutor's detective or investigator; a
full-time federal law enforcement officer; or is a qualified retired law
enforcement officer, as used in the federal "Law Enforcement Officers
Safety Act of 2004," Pub.L.108-277, domiciled in this State from carrying
a handgun in the same manner as law enforcement officers exempted under
paragraph (7) of subsection a. of this section.� A retired law enforcement
officer shall be entitled to carry a handgun pursuant to this subsection under
the following conditions:

���� (1) The retired law
enforcement officer shall make application in writing to the Superintendent of
State Police for approval to carry a handgun every two years.� A renewal
application shall be submitted in the same manner.

���� (2) Upon receipt of the
written application of the retired law enforcement officer, the superintendent
shall request a verification of service from the chief law enforcement officer
of the organization in which the retired officer was last regularly employed as
a full-time law enforcement officer prior to retiring.� The verification of
service shall include:

���� (a)� The name and address of
the retired officer;

���� (b)� The date that the retired
officer was hired and the date that the officer retired;

���� (c)� A list of all handguns
known to be registered to that officer;

���� (d)� A statement that, to the
reasonable knowledge of the chief law enforcement officer, the retired officer
is not subject to any of the restrictions set forth in subsection c. of
N.J.S.2C:58-3; and

���� (e)� A statement that the
officer retired in good standing.

���� (3)� If the superintendent
approves a retired officer's application or reapplication to carry a handgun
pursuant to the provisions of this subsection, the superintendent shall notify
in writing the chief law enforcement officer of the municipality wherein that
retired officer resides.� In the event the retired officer resides in a
municipality which has no chief law enforcement officer or law enforcement
agency, the superintendent shall maintain a record of the approval.

���� (4)� The superintendent shall
issue to an approved retired officer an identification card permitting the
retired officer to carry a handgun pursuant to this subsection.� This
identification card shall be valid for two years from the date of issuance and shall
be valid throughout the State.� The identification card shall not be
transferable to any other person.� The identification card shall be carried at
all times on the person of the retired officer while the retired officer is
carrying a handgun.� The retired officer shall produce the identification card
for review on the demand of any law enforcement officer or authority.

���� (5)�� Any person aggrieved by
the denial of the superintendent of approval for a permit to carry a handgun
pursuant to this subsection may request a hearing in the Superior Court of New
Jersey in the county in which the person resides by filing a written request
for a hearing within 30 days of the denial.� Copies of the request shall be
served upon the superintendent and the county prosecutor.� The hearing shall be
held within 30 days of the filing of the request, and no formal pleading or
filing fee shall be required.� Appeals from the determination of the hearing
shall be in accordance with law and the rules governing the courts of this
State.

���� (6)�� A judge of the Superior
Court may revoke a retired officer's privilege to carry a handgun pursuant to
this subsection for good cause shown on the application of any interested
person.� A person who becomes subject to any of the disabilities set forth in subsection
c. of N.J.S.2C:58-3 shall surrender, as prescribed by the superintendent, the
person's identification card issued under paragraph (4) of this subsection to
the chief law enforcement officer of the municipality wherein the person
resides or the superintendent, and shall be permanently disqualified to carry a
handgun under this subsection.

���� (7)�� The superintendent may
charge a reasonable application fee to retired officers to offset any costs
associated with administering the application process set forth in this
subsection.

���� m.�� Nothing in subsection d.
,
k., and subparagraph (b) of paragraph (1) and subparagraph (b) of paragraph (2)
of subsection e.
of N.J.S.2C:39-5 shall be construed to prevent duly
authorized personnel of the New Jersey Division of Fish and Wildlife, while in
the actual performance of duties, from possessing, transporting or using any
device that projects, releases or emits any substance specified as being
non-injurious to wildlife by the Director of the Division of Animal Health in
the Department of Agriculture, and which may immobilize wildlife and produces
only temporary physical discomfort through being vaporized or otherwise
dispensed in the air for the purpose of repelling bear or other animal attacks
or for the aversive conditioning of wildlife.

���� n.��� Nothing in subsection
b., c., d.
[
or
]
e.
or, k,

of N.J.S.2C:39-5 shall be construed to prevent duly authorized personnel of the
New Jersey Division of Fish and Wildlife, while in the actual performance of
duties, from possessing, transporting or using hand held pistol-like devices,
rifles or shotguns that launch pyrotechnic missiles for the sole purpose of
frightening, hazing or aversive conditioning of nuisance or depredating
wildlife; from possessing, transporting or using rifles, pistols or similar
devices for the sole purpose of chemically immobilizing wild or non-domestic
animals; or, provided the duly authorized person complies with the requirements
of subsection j. of this section, from possessing, transporting or using rifles
or shotguns, upon completion of a Police Training Commission approved training
course, in order to dispatch injured or dangerous animals or for non-lethal use
for the purpose of frightening, hazing or aversive conditioning of nuisance or
depredating wildlife.

(cf: P.L.2025, c.35, s.21)

���� 3.��� This act shall take
effect on the first day of the third month following enactment.

STATEMENT

���� This bill establishes �gun
free� and �weapon free� zones around schools, day care centers, public
buildings, such as libraries and museums, public housing facilities, and public
parks, playgrounds, and recreational facilities.

���� Under the provisions of the
bill, anyone who unlawfully possesses a firearm within 1,000 feet of a school,
college, or university building or facility, or while on any school bus, is
guilty of a crime of the third degree.� A crime of the third degree is punishable
by imprisonment for a term of three to five years, a fine of up to $15,000, or
both.

���� Any person who possesses a
weapon within 1,000 feet of a school, college, or university building or
facility, or while on a school bus, is guilty of a crime of the fourth degree.�
A crime of the fourth degree is punishable by imprisonment for a term of up to
18 months, a fine of up to $10,000, or both.

���� The bill also provides that
anyone who unlawfully possesses a firearm within 500 feet of a day care center,
public building, public housing facility, or public park or recreational area
is guilty of a crime of the third degree.� A person who unlawfully possesses
any weapon with 500 feet of any of these places or facilities is guilty of a
crime of the fourth degree.