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  • NJ A1212
  • Requires criminal history record background check for rifle and shotgun purchases.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires all sales or other transfers of rifles and shotguns to be conducted through a retail dealer licensed under State law or a Federal Firearms Licensee. A person who sells or otherwise transfers a rifle or shotgun without complying with the provisions of the bill is guilty of a crime of the third degree, which is punishable by a term of imprisonment of three-to-five years, a fine of up to $15,000, or both. Under the bill, the licensed retail dealer of firearms is required to take possession of the rifle or shotgun before a transaction is conducted. The dealer is required to comply with all applicable federal and State requirements as though the dealer were selling or transferring the rifle or shotgun from the dealer's inventory. This includes completing a National Instant Criminal Background Check of the person acquiring the rifle or shotgun and complying with all recordkeeping requirements. The bill authorizes the seller or transferor to remove the rifle or shotgun from the licensed dealer's premises while the background check is being conducted, but the dealer is required to retake possession of the rifle or shotgun before completing the transfer. When a sale or transfer is denied based on the National Instant Criminal Background Check, the licensed retail dealer is required to return the shotgun or rifle to the seller or transferor. The seller or transferor is prohibited from transferring the firearm to the prospective buyer or transferee. The bill authorizes a licensed dealer to charge a reasonable fee for assisting with a transaction under the bill. Exceptions under the bill include transactions between members of an immediate family, between law enforcement officers, between licensed collectors of firearms or ammunition as curios or relics, temporary transfers to participate in certain training courses, certain temporary transfers necessary to prevent imminent death or serious bodily harm, and temporary transfers during which the rifle or shotgun is used and handled only in the actual presence of the transferor.
Law and Public Safety
Introduced, Referred to Assembly Law and Public Safety Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
None specified