reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-15 - Disposition of records.

2C:52-15 Disposition of records.
2C:52-15. a. Except as provided in subsection b. of this section, if an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the law enforcement and criminal justice agencies which, at the time of the hearing of the petition, possess the records and shall be placed in the control of a person who has been designated by the head of each such agency. That designated person shall, except as otherwise provided in this chapter, ensure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information. The court shall provide proof of expungement to the person whose records have been expunged or to that person's representative.
b. Records of the Probation Division of the Superior Court related to any court-ordered financial assessment that remains due at the time the court grants an expungement or sealing of records shall be transferred to the New Jersey Department of Treasury for the collection and disbursement of future payments and satisfaction of judgments in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The term "court-ordered financial assessment" as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the expungement or sealing order, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole authority to amend the judgment concerning the amount of any court-ordered financial assessment that remains due at the time the court grants an expungement or sealing of records.
amended 2017, c.244, s.6; 2019, c.269, s.13.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-16 - Expunged record including names of persons other than petitioner

2C:52-16. Expunged record including names of persons other than petitioner
Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency's general files with the petitioner's name and other personal identifiers obliterated and deleted.
L.1979, c. 178, s. 123, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-17 - Use of expunged records by agencies on pending petition for expungement

2C:52-17. Use of expunged records by agencies on pending petition for expungement
Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is noticed of a pending petition for the expungement of a conviction. Any such agency may supply information to the court wherein the motion is pending and to the other parties who are entitled to notice pursuant to 2C:52-10.
L.1979, c. 178, s. 124, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-18 - Supplying information to Violent Crimes Compensation Office.

2C:52-18 Supplying information to Violent Crimes Compensation Office.
2C:52-18. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office, in conjunction with any claim which has been filed with said office.
Amended 2017, c.244, s.7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-19 - Order of superior court permitting inspection of records or release of information; limitations

2C:52-19. Order of superior court permitting inspection of records or release of information; limitations
Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. The motion or any order granted pursuant thereto shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. Leave to inspect shall be granted by the court only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise but may be used for purposes of sentencing on a subsequent offense after guilt has been established.
L.1979, c. 178, s. 126, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-20 - Use of expunged records in conjunction with supervisory treatment or diversion programs.

2C:52-20 Use of expunged records in conjunction with supervisory treatment or diversion programs.
2C:52-20. Use of Expunged Records In Conjunction with Supervisory Treatment or Diversion Programs.
Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor, or court of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges.
amended 2015, c.261, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-21 - Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing.

2C:52-21 Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing.
2C:52-21. Use of Expunged Records in Conjunction with Setting Bail or Authorizing Pretrial Release, Presentence Report, or Sentencing.
Expunged records, or sealed records under prior law, of prior arrests or convictions shall be provided to any court, county prosecutor, the Probation Division of the Superior Court, the pretrial services agency, or the Attorney General when same are requested for use in conjunction with a bail hearing, pretrial release determination pursuant to sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.), for the preparation of a presentence report, or for purpose of sentencing.
amended 2015, c.261, s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-22 - Use of expunged records by parole board

2C:52-22. Use of expunged records by parole board
Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed.
L.1979, c. 178, s. 129, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-23 - Use of expunged records by department of corrections

2C:52-23. Use of expunged records by department of corrections
Expunged records, and records sealed under prior law, shall be provided to the Department of Corrections for its use solely in the classification, evaluation and assignment to correctional and penal institutions of persons placed in its custody.
L.1979, c. 178, s. 130, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-23.1 - Use of expunged, sealed records.

2C:52-23.1 Use of expunged, sealed records.
8. a. Notwithstanding any provision in this act to the contrary, expunged or sealed records may be used to facilitate the State Treasurer's collection of any court-ordered financial assessments that remain due at the time an expungement or sealing of records is granted by the court. The term "court-ordered financial assessment" as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the expungement or sealing order, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. Information regarding the nature of such financial assessments or their derivation from expunged or sealed records shall not be disclosed to the public. Any record of a civil judgment for the unpaid portion of any court-ordered financial assessment that may be docketed after the court has granted an expungement or sealing of records shall be entered in the name of the Treasurer, State of New Jersey. The State Treasurer shall thereafter administer such judgments without disclosure of any information related to the underlying nature of the assessments.
b. (Deleted by amendment, P.L.2019, c.269)
L.2017, c.244, s.14; amended 2019, c.269, s.14.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-24 - County prosecutor's obligation to ascertain propriety of petition.

2C:52-24 County prosecutor's obligation to ascertain propriety of petition.
2C:52-24. County prosecutor's obligation to ascertain propriety of petition.
Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court's attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief. If no disabling, adverse or relevant information is ascertained other than that as included in the petitioner's affidavit, such facts shall be communicated by the prosecutor to the court.
amended 2015, c.261, s.7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-25 - Retroactive application

2C:52-25. Retroactive application
This chapter shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date of this act.
L.1979, c. 178, s. 132, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-26 - Vacating of orders of sealing; time; basis

2C:52-26. Vacating of orders of sealing; time; basis
If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original motion in conjunction with the previously undisclosed information.
L.1979, c. 178, s. 133, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-27 - Effect of expungement.

2C:52-27 Effect of expungement.
2C:52-27. Effect of expungement.
Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:
a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.
b. The fact of an expungement of prior charges which were dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any court that is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and
c. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.
amended 1981, c.290, s.45; 2015, c.261, s.8.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-27.1 - Petition to rescind order of debarment for health care claims fraud; restoration.

2C:52-27.1 Petition to rescind order of debarment for health care claims fraud; restoration.
5. a. If an order of expungement of records of conviction under the provisions of chapter 52 of Title 2C of the New Jersey Statutes is granted by the court to a person convicted of health care claims fraud in which the court had ordered the offender's professional license or certificate be forfeited and the person be forever barred from the practice of the profession, occupation, trade, vocation or business pursuant to subsection a. of section 4 of P.L.1997, c.353 (C.2C:51-5), the person may petition the court for an order to rescind the court's order of debarment if the person can demonstrate that the person is sufficiently rehabilitated.
b. If an order to rescind the court's order of debarment is granted, the person granted the order may apply to be licensed or certified to practice the profession, occupation, trade, vocation or business from which the offender was barred.
L.1997,c.353,s.5; amended 2003, c.89, s.77.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-28 - Motor vehicle offenses

2C:52-28. Motor vehicle offenses
Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39.
L.1979, c. 178, s. 135, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-29 - Fees waived for certain applications.

2C:52-29 Fees waived for certain applications.
2C:52-29. Any person who files an application pursuant to this chapter shall not be charged a fee for applying for an expungement, and any fee set forth in the Rules of Court, which was, based on the Supreme Court's temporary authority pursuant to sections 12 through 15, and 17 through 19 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-13), a revision or supplement by the Supreme Court to the fee charged pursuant to this section prior to its amendment by P.L.2019, c.269 (C.2C:52-5.1 et al.), is void.
amended 2019, c.269, s.16.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-30 - Disclosure of expungement order

2C:52-30. Disclosure of expungement order
Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.
L.1979, c. 178, s. 137, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-31 - Limitation

2C:52-31. Limitation
Nothing provided in this chapter shall be interpreted to permit the expungement of records contained in the Controlled Dangerous Substances Registry created pursuant to P.L.1970, c. 227 (C. 26:2G-17 et seq.), or the registry created by the Administrative Office of the Courts pursuant to section 2C:43-21.
L.1979, c. 178, s. 138, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:52-32 - Construction.

2C:52-32 Construction.
This chapter shall be construed with the primary objective of providing relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records.
amended 2015, c.261, s.9.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.1 - Guidelines for delivery of handguns

2C:58-2.1. Guidelines for delivery of handguns
6. The Superintendent of State Police, in consultation with the Attorney General, shall promulgate guidelines to effectuate the purposes of P.L.1999, c.233.
L.1999,c.233,s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.7 - Personalized Handgun Authorization Commission.

2C:58-2.7 Personalized Handgun Authorization Commission.
1. a. There is established in the Department of Law and Public Safety, a commission which shall be known as the Personalized Handgun Authorization Commission. The commission shall be responsible for establishing performance standards for personalized handguns and maintaining a roster of personalized handguns authorized for sale to the public pursuant to this act.
b. The commission shall consist of seven members as follows:
(1) as ex-officio members, the Attorney General or a designee; the Superintendent of State Police or a designee; the Commissioner of Health or a designee;
(2) as public members appointed by the Governor:
(a) one member of the American Academy of Pediatrics;
(b) one member who shall be a resident of this State who is a licensed firearms wholesaler, manufacturer, or retail dealer as defined in N.J.S.2C:39-1, or a resident of this State who is a representative of a New Jersey chapter of an organization that advocates for Second Amendment rights;
(c) one member who shall be a representative of an organization that advocates against handgun violence; and
(d) one member with substantial experience in radio frequency identification or biometric reading technology.
c. All appointments to the commission shall be made within six months of the effective date of this act. The chair of the commission shall be selected from among its members by the Governor. Members of the commission shall serve a term of four years from the date of their appointment and until their successors are appointed. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments were made.
d. Members of the commission shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as members of the commission, and within the limits of funds appropriated or otherwise made available to the commission for its purpose.
e. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.
f. During the first year following the establishment of the commission, it shall meet monthly in order to comply with the provisions of P.L.2019, c.164 (C.2C:58-2.7 et al.); thereafter, the commission shall meet once every six months or at the call of the chairman of the commission or the majority of its members.
L.2019, c.164, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.8 - Definitions relative to personalized handguns; roster.

2C:58-2.8 Definitions relative to personalized handguns; roster.
2. a. As used in this act, "authorized user" means the lawful owner of a personalized handgun or person to whom the owner has given consent to use the personalized handgun.
b. The Personalized Handgun Authorization Commission shall maintain a roster of all personalized handguns approved by the commission as meeting the personalized handgun performance standards and qualifying criteria established pursuant to this section. The roster of approved personalized handguns shall be published on a website maintained by the New Jersey State Police and shall be updated as necessary. A copy of the roster shall be made available every six months to registered and licensed firearms dealers in this State.
c. Within one year of organizing, the commission shall develop personalized handgun performance standards and qualifying criteria which a personalized handgun shall meet in order to be placed on the personalized handgun roster.
The personalized handgun performance standards and qualifying criteria shall include, but not be limited to, the following:
(1) the handgun shall be reasonably resistant to being fired by anyone other than the handgun's authorized user as defined in N.J.S.2C:39-1;
(2) the personalized technology shall be incorporated into the design of the personalized handgun and shall be a permanent, irremovable part of the handgun and any device or object necessary for the authorized user to fire the handgun;
(3) the personalized handgun shall not be manufactured so as to permit the personalized characteristics of the handgun to be readily deactivated; and
(4) the personalized handgun shall meet any other reliability standards generally used in the industry for other commercially available handguns.
d. The commission shall recommend to the Attorney General any rule, regulation, guideline or revision thereto, or legislation which it deems necessary to establish a process by which handgun manufactures may request that their handguns be added to the roster established pursuant to this section.
L.2019, c.164, s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.10 - Availability of personalized handguns for purchase; posting of roster; inspections.

2C:58-2.10 Availability of personalized handguns for purchase; posting of roster; inspections.
4. a. Within 60 days of the first personalized handgun being included on the roster established pursuant to section 2 of P.L.2019, c.164 (C.2C:58-2.8), each licensed firearms retail dealer shall :
(1) make available for purchase at least one personalized handgun approved by the commission and listed on the roster as eligible for sale;
(2) post in one or more locations in the dealer's place or places of business in a conspicuous manner that makes them easily visible and accessible to customers:
(a) copies of the personalized handgun roster; and
(b) a sign that includes a clear and conspicuous statement disclosing the features of personalized handguns that are not offered by traditional handguns and advising customers that such firearms may be purchased through the licensed retail dealer; and
(3) accept and process orders to enable customers to purchase through the licensed retail dealer any of the personalized handguns included on the roster.
b. A personalized handgun offered for sale by a licensed retail dealer pursuant to paragraph (1) of subsection a. of this section shall be displayed in a conspicuous manner that makes it easily visible to customers and distinguishable from other traditional handguns. A licensed retail dealer shall post a sign pursuant to subparagraph (b) of paragraph (2) of subsection a. of this section in close proximity to each personalized handgun.
c. In the event that a licensed retail dealer's inventory of personalized handguns is depleted and there are no personalized handguns available for purchase on the premises, the licensed retail dealer shall:
(1) place an order for at least one personalized handgun within 21 days of the sale of the last personalized handgun;
(2) maintain written records of the retail dealer's efforts to place an order and maintain those records on the premises and allow them to be open for inspection at all times; and
(3) post a sign on the premises indicating that personalized handguns are routinely sold on the retail dealer's premises and will soon be available for purchase.
d. A licensed firearms retail dealer shall not make any claim that a handgun has been approved by the commission as meeting the performance standards or qualifying criteria for personalized handguns if that handgun is not included on the roster established pursuant to section 2 of P.L.2019, c.164 (C.2C:58-2.8).
e. The Superintendent of State Police shall designate officers to inspect the personalized handgun inventory and records of all licensed firearms retailers. The inspections shall be conducted at least once every two years at any time during the normal business hours of the firearm retailer's business.
L.2019, c.164, s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.11 - Violations, penalties.

2C:58-2.11 Violations, penalties.
5. a. A licensed retail dealer who violates section 4 of P.L.2019, c.164 (C.2C:58-2.10) shall be subject to the following penalties:
(1) for a first offense, a fine of up to $500;
(2) for a second offense, a fine of up to $1,000;
(3) for a third or subsequent offense, a six month license suspension following notice to the licensed retail dealer and opportunity to be heard.
b. Any person who, without license or privilege to do so, tampers or attempts to tamper with a personalized handgun by intentionally interfering with the user-authorized functionality of the personalized technology shall be guilty of a disorderly persons offense.
L.2019, c.164, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.12 - Suicide prevention course curriculum, informational materials for firearm retail dealers.

2C:58-2.12 Suicide prevention course curriculum, informational materials for firearm retail dealers.
1. a. The Attorney General, in consultation with the Commissioner of Health, shall establish a suicide prevention course curriculum and suicide prevention informational materials for firearm retail dealers who sell firearms or operate a firing range in this State.
b. The Attorney General shall notify firearm retail dealers of the course curriculum established pursuant to subsection a. of this section and encourage their participation in a training course. The training course shall be made available by the Department of Law and Public Safety in a classroom setting or on an Internet website. The training course shall include:
(1) methods to recognize signs of suicidal tendencies or characteristics in firearm purchasers or renters;
(2) suicide intervention strategies to reduce the incidence of attempted and completed suicides among persons purchasing or renting a firearm; and
(3) information regarding available community services and counseling programs developed to prevent suicide.
c. The Attorney General shall distribute the suicide prevention informational materials established pursuant to subsection a. of this section to each firearm retail dealer who sells firearms or operates a firing range in this State. The informational materials shall advise customers on methods to prevent firearms from being accessible to a friend or family member in crisis. A firearm retail dealer who sells firearms or operates a firing range shall make available the informational materials at each retail purchase counter.
L.2019, c.167.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.14 - Violations, penalties.

2C:58-2.14 Violations, penalties.
2. a. A licensed retail dealer who violates section 1 of P.L.2022, c.57 (C.2C:58-2.13) shall be subject to the following penalties:
(1) for a first offense, a fine of up to $500;
(2) for a second offense, a fine of up to $1,000; or
(3) for a third or subsequent offense, a six-month license suspension following notice to the licensed retail dealer and opportunity to be heard.
b. Any person who, without license or privilege to do so, willfully removes, damages, alters, or otherwise tampers with a microstamping enabled firearm to prevent or alter the production of a microstamp shall be guilty of a third degree crime.
For the purposes of this subsection, tampering with a microstamping component shall not include: replacing a firing pin when the pin is damaged or otherwise in need of replacement for the safe use of the firearm; or replacing a firing pin for a legitimate sporting purpose, provided that the firearm remains a microstamping-enabled firearm.
L.2022, c.57, s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-2.15 - Rebate eligibility; necessary forms, record, report participation; sign prominently displayed.

2C:58-2.15 Rebate eligibility; necessary forms, record, report participation; sign prominently displayed.
3. a. A person who purchases a microstamping-enabled firearm pursuant to section 1 of P.L.2022, c.57 (C.2C:58-2.13) from a licensed retail dealer shall be eligible for an instant rebate of 10 percent of the purchase price up to a maximum of $30. The licensed retail dealer shall deduct the rebate amount from the price of the microstamping enabled firearm at the point of sale.
b. The Superintendent of State Police, in conjunction with the Attorney General, may adopt guidelines in accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section.
In addition, the superintendent shall prepare and deliver to each licensed retail dealer in the State the forms necessary to record and report participation in the rebate program established in this section. The form shall be in duplicate and set forth: the name, address, telephone number, State tax number, and State license number of the licensed retail dealer; the name of the purchaser and the purchaser's firearms purchaser identification card number or permit to purchase a handgun number; the make and model number of the microstamping-enabled firearm purchased; and the date of sale. One copy shall be retained by the retail dealer for the retail dealer's records. The other shall be submitted to the Attorney General for reimbursement. The reimbursement copies shall be submitted monthly at a time prescribed by the superintendent. The submitting retail dealer shall be entitled to a reimbursement of 10 percent of the purchase price of the microstamping-enabled firearm up to a maximum of $30 as part of the rebate program. To help defray any administrative costs, each participating retail dealer shall receive, in addition to the reimbursement, $0.50 for each valid reimbursement copy submitted.
The superintendent also shall provide each licensed retail dealer with a sign to be prominently displayed at a conspicuous place on the dealer's business premises where firearms are offered for sale. The sign shall state substantially the following:
"MICROSTAMPING-ENABLED FIREARMS REBATE PROGRAM. TO ENCOURAGE NEW JERSEY GUN OWNERS TO PURCHASE MICROSTAMPING-ENABLED FIREARMS, THE STATE IS OFFERING AN INSTANT REBATE WHEN YOU PURCHASE A MICROSTAMPING-ENABLED FIREARM. THE REBATE AMOUNT IS 10 PERCENT OF THE PURCHASE PRICE UP TO A MAXIMUM OF $30."
L.2022, c.57, s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-3.2 - Temporary transfer of firearm for training purposes

2C:58-3.2. Temporary transfer of firearm for training purposes
1. a. Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3 or any other statute to the contrary, a person who is certified as an instructor in the use, handling and maintenance of firearms by the Police Training Commission, the Division of Fish, Game and Wildlife and the State Park Service in the Department of Environmental Protection, the Director of Civilian Marksmanship of the United States Department of the Army or by a recognized rifle or pistol association that certifies instructors may transfer a firearm temporarily in accordance with the terms of this section to a person participating in a training course for the use, handling and maintenance of firearms by the Police Training Commission, the Division of Fish, Game and Wildlife, the Director of Civilian Marksmanship or by a recognized rifle or pistol association that certifies instructors. The person to whom a firearm is transferred by a certified instructor in accordance with the terms of this section may receive, possess, carry and use the firearm temporarily during the sessions of the course for the purpose of training and participating in the course.
b. A transfer of a firearm under this section may be made only if:
(1) the transfer is made upon a firearms range or, if the firearm is unloaded, in an area designated and appropriate for the training;
(2) the transfer is made during the sessions of the firearms course for the sole purpose of participating in the course;
(3) the transfer is made for not more than eight consecutive hours in any 24-hour period; and
(4) the transferred firearm is used and handled only in the actual presence and under the direct supervision of the instructor.
c. The transfer permitted by this section may be made whether or not the person participating in the course holds a firearms license, firearms purchaser identification card or a handgun purchase permit. However, an instructor shall not knowingly transfer a firearm under the terms of this section to a person who does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit, and a person who knows that he does not meet such qualifications shall not receive the transferred firearm under the terms of this section.
d. No firearm shall be transferred or received under the provisions of this section for purposes described in section 1 of P.L.1983, c.229 (C.2C:39-14).
L.1997,c.375,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-3.3a - Electronic report, record of transaction involving sale, transfer, assignment, disposition of handgun ammunition; program established.

2C:58-3.3a Electronic report, record of transaction involving sale, transfer, assignment, disposition of handgun ammunition; program established.
5. a. (1) The Superintendent of State Police shall develop a program for retail dealers of handgun ammunition to electronically report a record of any transaction involving the sale, transfer, assignment, or disposition of handgun ammunition and information relating to each transaction. The reported information shall include: the date of the transaction; the name of the manufacturer, the caliber or gauge, and the quantity of ammunition sold or transferred; 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 may require.
(2) Subject to the time limitations established in paragraph (2) of subsection c. of N.J.S.2C:58-2, every retail dealer of ammunition as defined in section 1 of P.L.2007, c.318 (C.2C:58-3.3) shall electronically report to the superintendent a record of any transaction involving the sale, transfer, assignment, or disposition of handgun ammunition by utilizing the program developed pursuant to this subsection.
Any transaction involving the sale, transfer, assignment, or disposition of 2,000 or more rounds of handgun ammunition and information relating to each transaction shall be immediately reported to the superintendent in accordance with this section and paragraph (3) of subsection b. of N.J.S.2C:58-2.
A retail dealer may charge a fee determined by the superintendent for a transaction electronically reported pursuant to this subsection.
b. The superintendent shall establish a searchable, electronic database containing the information reported pursuant to subsection a. of this section, which shall be available to law enforcement officers. The Attorney General shall have access to the information stored in the database which shall be used for law enforcement purposes. The superintendent also shall establish security procedures to protect the confidentiality of the information contained in the database, which shall prevent access to the information by any person or entity that is not lawfully entitled to it.
c. The superintendent shall develop an Internet-based or other electronic system to process or facilitate the processing of any or all of the following: application for and issuance of firearms purchaser identification cards, permits to purchase a handgun, or other permits authorized under this chapter.
d. Any record reported or produced pursuant to this section shall not be considered a public record or government 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.).
L.2022, c.55, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-4.1 - Employee of armored car company; application; letter from chief executive officer

2C:58-4.1. Employee of armored car company; application; letter from chief executive officer
In addition to the requirements of N.J.S. 2C:58-4 any application to carry a handgun by an employee of an armored car company shall be accompanied by a letter from the chief executive officer of the armored car company verifying employment of the applicant; endorsing approval of the application; and agreeing to notify the superintendent forthwith upon the termination of the employee of any person to whom a permit is issued and to obtain from the employee the permit which shall thereupon be surrendered to the superintendent.
L.1981, c. 135, s. 2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-4.3 - Liability insurance, handgun, public, carrying.

2C:58-4.3 Liability insurance, handgun, public, carrying.
4. a. Every private citizen who carries a handgun in public in this State shall maintain liability insurance coverage insuring against loss resulting from liability imposed by law for bodily injury, death, and property damage sustained by any person arising out of the ownership, maintenance, operation or use of a firearm carried in public wherein such coverage shall be at least in an amount or limit of $300,000, exclusive of interest and costs, on account of injury to or death of more than one person and for damage to property, in any one incident.
b. Proof of liability insurance, as required pursuant to subsection a. of this section, shall be produced by the person carrying a handgun in public, within a reasonable amount of time following any injury, death, or property damage alleged to have been caused by the person carrying the handgun in public. This requirement shall be satisfied by delivering a full and complete copy of the applicable policy or policies of insurance that meet the standards established by subsection a. of this section and that were in force at the time of the injury, death, or property damage.
Notwithstanding the provisions of this subsection, disclosure of policy information under this section shall not constitute an admission that the alleged injury, death, or property damage is subject to the policy.
Information concerning the insurance policy shall not be admissible as evidence at trial by reason of disclosure pursuant to this subsection. The disclosure shall be confidential and available only to the injured person, representative of the decedent, or owner of damaged property and the attorney representing the injured person, representative of the decedent, or owner of damaged property and personnel in the office of the attorney.
c. A violation of this section shall be a crime of the fourth degree and shall constitute full and sufficient grounds for revocation of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4.
L.2022, c.131, s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-4.4 - Safety requirements, handgun carry.

2C:58-4.4 Safety requirements, handgun carry.
5. Safe carry requirements for authorized holders of a permit to carry a handgun.
a. The holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 shall not:
(1) use or consume alcohol, a cannabis item, or a controlled substance while carrying a handgun;
(2) be under the influence of alcohol, cannabis, or a controlled substance while carrying a handgun;
(3) carry a handgun in public outside of a holster or carry a handgun in public in a holster that does not meet the requirements of subsection h. of N.J.S.2C:58-4;
(4) carry more than two firearms under the permittee's control at one time; or
(5) engage in an unjustified display of a handgun.
A violation of this subsection shall be a crime of the fourth degree, and any such violation shall constitute full and sufficient grounds for revocation of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4.
b. The holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4, if stopped or detained by a law enforcement officer while carrying a handgun in public or traveling with a handgun in a motor vehicle, shall:
(1) immediately disclose to the law enforcement officer that they are carrying a handgun or that a handgun is stored in the vehicle; and
(2) display the permit to carry a handgun issued pursuant to N.J.S.2C:58-4.
A violation of paragraph (1) of this section shall be a crime of the fourth degree. A person who violates paragraph (2) of this subsection shall be guilty of a disorderly persons offense for a first offense and subject to a $100 fine and a crime of the fourth degree for a second or subsequent offense.
c. A holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 who is carrying a handgun in public and is detained by a law enforcement officer as part of a criminal investigation shall provide the handgun to the law enforcement officer upon request for purposes of inspecting the handgun. The provisions of this subsection shall not be construed to affect or otherwise limit the authority of a law enforcement officer to conduct a lawful search or seizure.
A violation of this subsection shall be a crime of the fourth degree.
L.2022, c.131, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-4.5 - Restrictions, public carrying, handgun.

2C:58-4.5 Restrictions, public carrying, handgun.
6. Requirements and restrictions on the lawful carrying of a handgun in public.
Except as permitted pursuant to N.J.S.2C:39-6, in addition to any criminal penalties under subsection b. of N.J.S.2C:39-5, sections 5 and 7 of P.L.2022, c.131 (C.2C:58-4.4 and C.2C:58-4.6), or any other law, it shall be a crime of the fourth degree for any person in a public place:
a. to carry a handgun concealed on or about their person, except as permitted in accordance with N.J.S.2C:39-6, without possessing on their person a valid and lawfully issued permit to carry under N.J.S.2C:58-4 and proof of the liability insurance required pursuant to section 4 of P.L.2022, c.131 (C.2C:58-4.3); or
b. to carry a handgun openly, whether or not in possession of a valid and lawfully issued permit to carry under N.J.S.2C:58-4 and proof of the liability insurance required pursuant to section 4 of P.L.2022, c.131 (C.2C:58-4.3).
L.2022, c.131, s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-4.7 - Regulations, necessary to implementation.

2C:58-4.7 Regulations, necessary to implementation.
9. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Superintendent of State Police may adopt immediately upon filing with the Office of Administrative Law such regulations as the superintendent deems necessary to implement the provisions of P.L.2022, c.131 (C.2C:58-4.2 et al.), which shall be effective for a period not to exceed 18 months, and may thereafter be amended, adopted, or readopted by the superintendent in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2022, c.131, s.9.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-4.8 - Application determinations, pending, filed, submitted.

2C:58-4.8 Application determinations, pending, filed, submitted.
10. a. Notwithstanding the provisions of subsection d. of N.J.S.2C:58-4, application determinations for a permit to carry a handgun that were pending before the Superior Court and filed prior to the date of enactment of P.L.2022, c.131 (C.2C:58-4.2 et al.) shall be made by the court. A Judge of the Superior Court may rely on the approval by the chief police officer or superintendent, as the case may be, as the basis for issuing the permit.
b. Application determinations for a permit to carry a handgun that are submitted on or after the date of enactment of P.L.2022, c.131 (C.2C:58-4.2 et al.) shall be made by a chief police officer or superintendent, as the case may be, in accordance with subsection d. of N.J.S.2C:58-4.
L.2022, c.131, s.10.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:58-4.9 - Severability.

2C:58-4.9 Severability.
11. The provisions of P.L.2022, c.131 (C.2C:58-4.2 et al.) are severable; if any provision, or application of any provision, of this amendatory and supplementary act is held invalid by any court, the holding or judgment shall not affect the remaining provisions or applications of the provisions thereof.
L.2022, c.131, s.11.