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  • 19Month
  • 282Total


  • NJ S805
  • Revises certain laws concerning domestic violence and firearms.
Introduced
(1/12/2016)
In Committee
(4/4/2016)
Crossed Over
(3/14/2016)
Passed
(4/7/2016)
SignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill enhances protections currently afforded victims of domestic violence by requiring attackers to surrender their firearms while domestic violence restraining orders are in effect or when they are convicted of a domestic violence crime or offense. The bill also requires firearms purchaser identification cards and permits to purchase handguns to be revoked if the holder of the card or permit is convicted of a domestic violence crime or offense. The bill further requires cross-referencing of records to assist in determining whether the alleged attacker owns a firearm and in removing those firearms. Seizure of Weapon at Scene of Domestic Violence The bill requires the prosecutor, prior to returning a firearm seized at the scene of a domestic violence incident, to inform the victim of the availability of restraining orders and the ability to seek revocation of the accused person's card or permit. Domestic Violence Offenders The bill revises the law regarding defendants convicted of domestic violence crimes and offenses by: ? Requiring the sentencing court to inform defendants convicted of a domestic violence crime or offense that they are prohibited from possessing a firearm. ? Requiring the court to order the defendant to arrange for the immediate surrender of firearms, firearms purchaser identification cards, and permits to purchase a handgun to a law enforcement officer. The bill allows the defendant five days from when the order of conviction is entered to arrange to sell a surrendered firearm to a licensed firearms dealer; the dealer has 10 days from the date of the order to take possession of the firearm from the law enforcement agency to which it was surrendered. ? Deeming any identification card and permit that has been issued to the defendant to be immediately revoked and requiring the court to establish a process for notifying the appropriate authorities of the revocation. ? Requiring a law enforcement officer to whom weapons are surrendered to provide the defendant with a receipt naming the defendant, the surrender date, and description of a surrendered item; and requiring the defendant to provide a copy of the receipt to the prosecutor within 48 hours. ? Requiring defendants to attest under penalty that they surrendered or do not possess a firearm. ? Permitting the court to order a search for and removal of firearms if there is probable cause that the defendant has failed to surrender firearms and requiring the court to state with specificity the reasons for and the scope of the search and seizure. Domestic Violence Restraining Orders The bill revises the laws governing temporary and final restraining orders issued pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991" by: ? Specifying that the plaintiff may provide information concerning firearms to which the defendant has access, including the location of these firearms, if known, on a form to be prescribed by the Administrative Director of the Courts and clarifying the confidential nature of this information. ? Requiring the law enforcement officer to properly store surrendered or removed firearms and authorizing the officer to charge the defendant a fee for storage during a temporary restraining order. ? Specifying that if an order is dismissed, any firearms, cards and permits are to be returned to defendants who are not otherwise disqualified in accordance with the provisions of the "Prevention of Domestic Violence Act of 1991." ? Requiring the court issuing a final restraining order to order the defendant to arrange for the immediate surrender of firearms, cards, and permits to a law enforcement officer. The bill allows the defendant five days from when the order is entered to arrange to sell a surrendered firearm to a licensed firearms dealer; the dealer has 10 days from the date of the order to take possession of the firearm from the law enforcement agency to which it was surrendered. ? Deeming the defendant's cards and permits to be immediately suspended and requiring the court to establish a process for notifying the appropriate authorities of this suspension. ? Requiring a law enforcement officer to whom weapons are surrendered to provide the defendant with a receipt naming the defendant, the surrender date, and description of a surrendered item; and requiring the defendant to provide a copy of the receipt to the prosecutor within 48 hours. ? Requiring the defendant to attest under penalty that he surrendered or does not possess a firearm. ? Permitting the court to order a search for and removal of firearms if there is probable cause that the defendant has failed to surrender firearms and requiring the court to state with specificity the reasons for and the scope of the search and seizure. ? Requiring the court to order the appropriate law enforcement agency to make a reasonable search of records of firearm ownership before issuing a temporary or final restraining order. Firearms Licensing Current law governing firearms licensing requirements is revised by: ? Requiring law enforcement to search the State's central registry of domestic violence reports as part of the investigation of the applicant for a firearm purchaser identification card or permit to purchase a handgun. ? Requiring records relating to issuance of cards and permits, as well as firearms purchase records, to be made available to prosecutors and law enforcement agencies to enforce the State's domestic violence laws. Current law requires these records to be sent to certain law enforcement agencies, but does not specify how these records may be used. ? Requiring a law enforcement officer or prosecutor in possession of any firearms, cards, or permits surrendered or removed in whole or in part because of domestic violence to prepare an inventory of these items, cross-reference the inventory with records of firearm ownership, and if there are discrepancies, take appropriate action to ensure the defendant does not have access to a firearm.
2nd Reading in the Assembly, 2nd Reading in the Senate, Law and Public Safety, Passed both Houses, Received by the Senate
Conditional Veto, Received in the Senate  (on 5/23/2016)
 
 
Date Chamber Action Description
5/23/2016 S Conditional Veto, Received in the Senate
4/7/2016 A Passed Assembly (Passed Both Houses) (50-17-7)
4/7/2016 A Substituted for A1211
4/4/2016 A Reported out of Assembly Committee, 2nd Reading
4/4/2016 Assembly Law and Public Safety Hearing (14:00 4/4/2016 Committee Room 15, 4th Floor)
3/14/2016 A Received in the Assembly, Referred to Assembly Law and Public Safety Committee
3/14/2016 S Passed by the Senate (30-3)
3/10/2016 S Reported from Senate Committee, 2nd Reading
3/10/2016 Senate Law and Public Safety Hearing (10:30 3/10/2016 Committee Room 10, 3rd Floor)
1/12/2016 S Introduced in the Senate, Referred to Senate Law and Public Safety Committee
Date Motion Yea Nay Other
Detail 4/7/2016 Assembly Floor: Third Reading - Final Passage 50 17 13
Detail 4/7/2016 Assembly Floor: Substitute For A1211 (Voice Vote) 0 0 0
Detail 4/4/2016 Assembly Law and Public Safety Committee: Reported with Amendments 7 2 0
Detail 4/4/2016 Assembly Law and Public Safety Committee: Reported Favorably 6 3 0
Detail 3/14/2016 Senate Floor: Third Reading - Final Passage 30 3 7
Detail 3/10/2016 Senate Law and Public Safety Committee: Reported Favorably 5 0 0