reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.7 - Validity and duration of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Initial certification of an operator will be documented by the issuance of a certificate and replica which shows that the operator has completed the required course of training, including the date of the initial course completion and type of approved instrument, or instruments, upon which the operator has been certified. Said certification, as evidenced by the certificate and replica, shall become valid upon satisfactory completion of training for initial certification, as described at 13:51-1.6(a), and shall remain valid throughout the remainder of the calendar year corresponding to the date of initial course completion and shall remain valid throughout the next two calendar years.
(b) Recertification of an operator will be deemed continued as valid upon the satisfactory completion of training for recertification, as described at 13:51-1.6(c). Recertification shall be valid throughout the remainder of the calendar year corresponding to the completion date of the recertification course and shall remain valid throughout the next two calendar years.
(c) Reinstatement and recertification of an operator whose certification has become invalid pursuant to 13:51-1.8(a), and who has been reinstated and recertified pursuant to 13:51-1.8(b) or (c), shall be deemed to be valid for all purposes as of, and from the date of, reinstatement and recertification. This reinstatement and recertification shall thereafter be valid throughout the remainder of the calendar year corresponding to the date of the reinstatement and recertification course and shall remain valid throughout the next two calendar years.
(d) The certification of an operator pursuant to 13:51-1.6(b), or the recertification of an operator pursuant to 13:51-1.6(c)  or the reinstatement and recertification of an operator pursuant to 13:51-1.6(d), is considered validated when the replica is signed and dated by a Breath Test Coordinator/Instructor and, for certifications under 13:51-1.6(b), when the name of the approved instrument is entered on the replica.
(e) Certification of an operator with a valid certification for an instrument approved at 13:51-3.5(a), other than the instrument upon which the operator was previously trained and certified, shall be valid upon satisfactory completion of training, as described at 13:51-1.6(b), from the date of the completion of the training for the remainder of that calendar year and for the next two calendar years.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.8 - Operator certification reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The certification of an operator will become invalid on the day following the date set for expiration of the operator's present valid certification as set forth at 13:51-1.7, if the operator has not satisfied the requirement for recertification, as set forth at 13:51-1.6(c), before the expiration of said valid certification.
(b) An operator whose certification has become invalid for failing to be recertified, as set forth at 13:51-1.6(c), and whose certification has been invalid for less than one year, must attend and satisfy the requirements of the reinstatement and recertification course, as set forth at 13:51-1.6(d), conducted by the Division of State Police. Reinstatement and recertification under this subsection must be completed before one year from the expiration date set forth in (a) above, otherwise the operator must satisfy the requirements, as set forth at 13:51-1.8(c).
(c) An operator whose certification is invalid for failing to be recertified, as set forth at 13:51-1.6(c), or reinstated and recertified, as set forth at 13:51-1.6(d), and whose certification has been invalid for one year or more from the date of expiration set forth in (a) above, must attend and satisfy the requirements of the initial certification training course, as set forth at 13:51-1.6(a), conducted by the Division of State Police.
(d) Any test conducted to analyze a person's breath, pursuant to procedures and methods contained in this chapter, by an operator whose certification is suspended, revoked, or invalid at the time such test is conducted, shall be considered invalid for presentation in evidence or testimony in a court of law or administrative hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.9 - Revocation of certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Attorney General may revoke an operator's certification after consideration of a request or recommendation for revocation by the Superintendent of State Police.
(b) A request or recommendation for revocation will be made to the Attorney General when an operator is determined to be ineffective or incompetent by the Superintendent of State Police.
(c) A request or recommendation that an operator's certification be revoked must be in writing and addressed to the Superintendent of State Police and must state the reason(s) for the request or recommendation for revocation. The replica certificate of the operator who is the subject of the request or recommendation must accompany the request or recommendation for revocation unless it is otherwise unobtainable.
(d) The following persons are authorized to initiate a request or recommendation for revocation:
1. A Breath Test Coordinator/Instructor;
2. Chief of Police of the organized police department of which the operator is a sworn member;
3. Executive head of the organized police department of which the operator is a sworn member; or
4. The Attorney General, or his or her designee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.10 - Hearing and determination on a request or recommendation for revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of a hearing is to assist the Superintendent of State Police in arriving at a determination on the request or recommendation for revocation as set forth at 13:51-1.9(b). Where no hearing is conducted the Superintendent of State Police may make his determination based on the written documentation supplied in the request or recommendation to revoke or other materials supplied in support or opposition thereto.
(b) The hearing will be conducted by the Superintendent of State Police or by an officer designated by him. The hearing officer may, at his discretion, cause the operator to be given a written or oral examination or a competency test or any combination of such tests to arrive at a determination. Such tests may be given by a Breath Test Coordinator/Instructor or other person so designated by the Superintendent or the hearing officer.
(c) Upon conclusion of the hearing or review when no hearing is requested, the Superintendent of State Police will recommend, in writing, to the Attorney General whether the operator's certification should be revoked, including the reasons to support such recommendation; or if the operator's certification should be reinstated and the reasons in support thereof. Reinstatement may be conditioned upon the suspended operator satisfying certain training or other requirements. The Attorney General shall determine, in his sole discretion, what conditions or other requirements must be met before reinstatement can become effective.
(d) An operator recommended for reinstatement with conditions or other requirements as set forth at 13:51-1.10(c), who fails to satisfy and successfully complete said conditions or other requirements within a reasonable period of time, may be recommended by the Superintendent of State Police to the Attorney General for revocation of the operator's certification.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.11 - Restoration of revoked certifications

Current through Register Vol. 56, No. 14, July 15, 2024
The Attorney General may restore a revoked certification when he is satisfied that the cause for revocation has been removed. An operator whose certification is revoked may apply for a new operator's certification after the expiration of 12 months from the date of revocation, or final judgment thereon, whichever is later. Application shall be pursuant to the provisions of 13:51-1.4(a)  and 13:51-1.5, but shall be subject to review by the Superintendent of State Police. The applicant must complete the training as set forth at 13:51-1.6(a); but may not commence such training until any other requirements imposed by the Superintendent of State Police are satisfied. Upon satisfactory completion of training and any other prerequisites, the Superintendent of State Police may recommend certification of the applicant to the Attorney General.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.12 - Return, loss, and/or replacement of replica

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an operator's certification is suspended or revoked, pursuant to 13:51-1.9 and/or 13:51-1.10, or if the operator resigns, retires, or leaves the organized police department of which the operator is, or was, a member, for any reason, it shall be the responsibility of the Chief of Police or other executive head of the organized police department to retrieve the replica certificate from the operator and return that document to the Superintendent, in care of the Alcohol/Drug Test Unit in the Division of State Police, with a written explanation of the reason for the return.
(b) If a replica has been lost, or is otherwise in need of replacement, the Chief of Police or other executive head of the organized police department, or his or her designee, of which the operator is a member, shall notify the Superintendent, in a manner prescribed by the Division of State Police, in care of the Alcohol/Drug Test Unit of the Division of State Police of such loss or need for a replacement. Lost replicas must be reported immediately.
(c) A replica will be replaced for an operator when the operator's replica has been lost and duly reported as lost, or is otherwise in need of replacement, pursuant to N.J.A.C. 13:51-1.12(b). The replacement replica will bear the date of issuance of the replacement and bear the signatures, or facsimile signatures, of the Attorney General and the Superintendent of State Police. The replica will show the date of the operator's original initial certification under N.J.A.C. 13:51-1.6(a)  and , if applicable, under N.J.A.C. 13:51-1.6(b), and the date of the operator's most recent recertification under N.J.A.C. 13:51-1.6(c), or reinstatement and recertification under N.J.A.C. 13:51-1.6(d).
(d) Only a Breath Test Coordinator/Instructor or other person duly authorized by the Superintendent is permitted to record information on a replica.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 1 - BREATH TESTING OPERATORS › Section 13:51-1.14 - Determinations of status of an Operator or Breath Test Coordinator/Instructor

Current through Register Vol. 56, No. 14, July 15, 2024
In any judicial proceeding, or other matter where the certification status of an Operator or a Breath Test Coordinator/Instructor is called into question, the records of the Attorney General, as maintained by the Division of State Police under this chapter, shall be prima facie evidence of the status of a Breath Test Operator or Breath Test Coordinator/Instructor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 2 - BREATH TEST COORDINATOR/INSTRUCTORS › Section 13:51-2.1 - Eligibility requirements and approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible as a Breath Test Coordinator/Instructor, a person must be a sworn member of the New Jersey Division of State Police, hold a valid Breath Test Operator's Certificate, and be a holder of:
1. A certificate in police training issued by an approved school; or
2. A certification from a duly accredited school of higher education.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 2 - BREATH TEST COORDINATOR/INSTRUCTORS › Section 13:51-2.2 - Training and functional qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Breath Test Coordinator/Instructor shall have specialized training, as prescribed by the Division of State Police, and have the knowledge to properly perform the following functions:
1. Presentation of the scientific theory of approved instruments, methods of operation, and methods of chemical breath testing;
2. Inspection, maintenance, repair and calibration of approved instruments;
3. Instruction in courses for operators and applicants;
4. Make a request or recommendation for revocation of an operator's certification;
5. Validate replica certificates of breath test operators, as provided at 13:51-1.7(d).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 3 - APPROVED CHEMICAL BREATH TESTING METHODS, INSTRUMENTS AND METHODS OF OPERATION › Section 13:51-3.1 - Purpose of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to the provisions of P.L. 1966, c.142, Sec. 3, as amended by P.L. 1971, c.273, Sec. 1 (39:4-50.3 ), P.L. 1990, c.103, Sec. 17 (N.J.S.A. 39:3-10.2 5) and P.L. 1986, c.39, Sec. 8 (12:7-56 ); hereinafter denoted 39:4-50.3, N.J.S.A. 39:3-10.2 5 or 12:7-56, respectively, the provisions of this subchapter set forth the instruments, methods of chemical breath testing and methods of operation approved by the Attorney General for the chemical analysis of the breath of a person arrested pursuant to the provisions of 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46 or 2A:4A-23.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 3 - APPROVED CHEMICAL BREATH TESTING METHODS, INSTRUMENTS AND METHODS OF OPERATION › Section 13:51-3.2 - Application for approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Superintendent of the Division of State Police is designated by the Attorney General as the official to whom all applications for approval of instruments, methods and operational functions shall be made.
(b) Primarily, evaluation will be dependent upon test results reflecting reliability for satisfactory specificity, precision and accuracy. The instrument and component parts necessary for operation shall be supplied at the expense of the applicant.
(c) Any evaluating reports by the applicant, other governmental agencies or entities, including, but not limited to, agencies or entities in other states, the Federal government, or of another sovereign nation, or independent investigating groups shall be forwarded, with the instrument, along with operating servicing and maintenance manuals, schematic drawings and other detailed information.
(d) The applicant shall make every reasonable effort to provide information on litigation involving the judicial acceptance of the instrument, or challenges to the reliability or operability of the instrument, heard by, or pending before, courts of any other jurisdictions (state or Federal) in the United States of America. Such information shall include, but not be limited to, reported and unreported decisions, transcripts of relevant testimony, reports of experts, published studies or other similar materials, and such other materials as the Superintendent may request.
(e) Upon completion of evaluation of an instrument, method and/or operational function, the Superintendent shall recommend approval or rejection of the same to the Attorney General. The Attorney General, upon review of the recommendations, shall approve or reject the instrument, method and/or operational function pursuant to law (39:4-50.3, 39:3-10.2 5 or 12:7-56).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 3 - APPROVED CHEMICAL BREATH TESTING METHODS, INSTRUMENTS AND METHODS OF OPERATION › Section 13:51-3.3 - Training Breath Test Coordinator/Instructors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval of an instrument, method and/or operational function, as described in 13:51-3.2, appropriate technical personnel designated by the applicant shall train an initial class consisting of Breath Test Coordinator/Instructors, at the expense of the applicant.
(b) The initial training course shall include: the history of the instrument; nomenclature of the operational controls; detailed operating instructions, including operation and maintenance of all related instrument software and hardware and any related equipment; nomenclature of all parts and their functions, maintenance, and repair of the instrument; and class participation in the operation of the instrument. Class participation shall include practical training on the instrument. This training shall confer no ownership or licensing rights to any intellectual property or proprietary information or training materials on any participant unless set forth in an agreement between the relevant parties.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 3 - APPROVED CHEMICAL BREATH TESTING METHODS, INSTRUMENTS AND METHODS OF OPERATION › Section 13:51-3.5 - Approved instruments for the testing of a person's breath by chemical analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Attorney General, pursuant to P.L. 1966, c. 142, Sec. 3, as amended by P.L. 1971, c. 273, Sec. 1 (N.J.S.A. 39:4-50.3), P.L. 1990, c. 103, Sec. 17 (N.J.S.A. 39:3-10.25) and P.L. 1986, c. 39, Sec. 8 (N.J.S.A. 12:7-56) and this subchapter, approves the following instruments for use in the testing of a person's breath by chemical analysis:
1. The Alcotest 7110 MKIII, is a chemical breath test instrument that employs both infrared analysis and electrochemical analysis as a dual system of chemical breath testing and is an approved instrument for use in the testing of a person's breath by chemical analysis.
2. The Alcotest 9510 is a chemical breath test instrument that employs both infrared analysis and electrochemical analysis as a dual system of chemical breath testing and is an approved instrument for use in the testing of a person's breath by chemical analysis.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 4 - BREATH TEST INSTRUMENT, GENERAL MAINTENANCE AND ADMINISTRATIVE RECORDKEEPING › Section 13:51-4.1 - Purpose of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth various procedures for the general maintenance of approved instruments, and related administrative recordkeeping associated with the functions established by this chapter and to the extent as may otherwise be required by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 4 - BREATH TEST INSTRUMENT, GENERAL MAINTENANCE AND ADMINISTRATIVE RECORDKEEPING › Section 13:51-4.2 - Administration and records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of State Police shall maintain administrative files of records made pursuant to this chapter. These files may be maintained in either a paper or electronic or other form as deemed appropriate by the Superintendent. Administrative files shall include:
1. Documentation of the certification status of all persons currently and previously certified as:
i. A Breath Test Operator, pursuant to 13:51-1.6, 1.7, 1.8, 1.9, 1.10 and 1.11; or
ii. A Breath Test Coordinator/Instructor pursuant to N.J.A.C. 13:51-2; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 51 - CHEMICAL BREATH TESTING › Subchapter 4 - BREATH TEST INSTRUMENT, GENERAL MAINTENANCE AND ADMINISTRATIVE RECORDKEEPING › Section 13:51-4.3 - Periodic inspection or calibration check of approved instruments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following concern the calibration check of approved instruments:
1. All approved instruments that employ the infrared analysis and electrochemical analysis approved method of chemical breath testing, as set forth in N.J.A.C. 13:51-3.5(a)1  or 2, when used in this State in connection with taking of breath samples under the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24.b or 12:7-55.b, or in connection with the prosecution of a person pursuant to the provisions of N.J.S.A. 39:4-50et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46, 12:7-55, or 2A:4A-23 shall be subject to a calibration check.
2. The periodic inspections shall be performed by a Breath Test Coordinator/Instructor.
3. The results of each periodic inspection shall be recorded on forms provided by the Superintendent of the Division of State Police.
i. An original, duplicate original, or copy of each periodic inspection shall be maintained by the Division of State Police pursuant to 13:51-4.2(a)2.
ii. An original, duplicate original, or copy of each periodic inspection performed under this subsection, of an approved instrument under the custody and control of an organized police department, other than an approved instrument under the custody and control of the Division of State Police, shall be maintained by the organized police department having custody and control of the approved instrument.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.1 - Firearms purchaser identification cards and permits to purchase handguns

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes the requirements and procedures for the issuance of firearms purchaser identification cards, permits to purchase handguns and the general rules for holders of such permits and identification cards.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.5 - Prerequisites for a permit to purchase handgun and form of register or a State of New Jersey firearms purchaser identification card

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permit to purchase a handgun and form of register, or a State of New Jersey firearms purchaser identification card, shall not be issued:
1. To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L. 1991, c. 261 (2C:25-19 ), whether or not armed with or possessing a weapon at the time of such offense;
2. To any drug dependent person as defined in section 2 of P.L. 1970, c. 226 (24:21-2 ), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently a habitual drunkard;
3. To any person who suffers from a physical defect or disease which would make it unsafe for him or her to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he or she is no longer suffering from that particular disability in such a manner that would interfere with or handicap him or her in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
4. To any person under the age of 18 years for a State of New Jersey firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun and form of register;
5. To any person where the issuance would not be in the interest of the public health, safety or welfare;
6. To any person who is subject to a restraining order issued pursuant to the Prevention of Domestic Violence Act of 1991, P.L. 1991, c. 261 (N.J.S.A. 2C:25-17et seq.) prohibiting the person from possessing any firearm;
7. To any person who as a juvenile was an adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L. 1997, c. 117 (
2C:43-7.2
);
8. To any person whose firearm is seized pursuant to the Prevention of Domestic Violence Act of 1991, P.L. 1991, c. 261 (
2C:25-17
et seq.) and whose firearm has not been returned; or
9. To any person named in a consolidated Terrorist Watch List maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.6 - Exception for physical disability, mental disorder or alcoholism

Current through Register Vol. 56, No. 14, July 15, 2024
A permit or identification card may be issued to a person who had previously suffered from a physical defect or disease, or mental disorder, or was an alcoholic if the applicant provides a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof that he or she is no longer suffering from that particular disability in such a manner that it would interfere with or handicap him or her in the handling of firearms.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.7 - Validity of a State of New Jersey firearms identification card and permit to purchase a handgun and form of register

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State of New Jersey firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth by law and this subchapter pertaining to an applicant's eligibility. Upon becoming subject to any of the disabilities set forth in this subchapter, the card shall be void and shall be returned to the Superintendent within five days. A State of New Jersey firearms purchaser identification card shall not be valid for more than 30 days after the information contained therein is no longer reflective of the issued person, that is, current address, name change, and/or sex change.
(b) A permit to purchase a handgun and form of register shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days . In no event shall a permit to purchase a handgun be valid for more than 180 days from the date the permit was originally issued.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.8 - Written certification; delivery of permit to purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person receiving, purchasing, or otherwise acquiring a firearm by exhibiting a firearms purchaser identification card shall sign a written certification on a State of New Jersey Certificate of Eligibility designated as form S.P. 634, which shall indicate that he or she presently complies with all of the requirements for obtaining an identification card and does not suffer from any of the disabilities set forth in this subchapter. The certification shall contain his or her name, address, and State of New Jersey firearms purchaser identification number or dealer's license, and any other information deemed necessary by the Superintendent. If the seller is not a licensed dealer, the certification may be retained by the seller or it may be filed with the chief of police of the municipality in which he or she resides or, in all other cases, with the Superintendent. The seller shall retain the certification if he or she is a licensed dealer.
(b) A permit to purchase a handgun and form of register shall be issued to the applicant in quadruplicate. Prior to receiving a handgun from the seller, the purchaser must deliver all copies of the permit to the seller, who shall complete all of the information on the required form. Within five days of the transfer, the transferor shall forward the original copy to the Superintendent and the second copy to the chief of police of the municipality where the transferee resides; provided that in a municipality having no chief of police, the second copy shall be forwarded to the Superintendent. The third copy shall be returned to the transferee, and the fourth shall be kept by the transferor as a permanent record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.9 - Number of firearms that may be purchased

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only one handgun may be purchased or delivered on each permit to purchase.
(b) There shall be no restriction on the number of rifles, shotguns and antique cannons that may be purchased or acquired, provided the receiver possesses a valid firearms purchaser identification card and otherwise complies with all of the provisions of this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.10 - Revocation of a State of New Jersey firearms purchaser identification card

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A State of New Jersey firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after a hearing, and upon a finding that the holder no longer qualifies for the issuance of such a card.
(b) The county prosecutor, any law enforcement officer or any citizen may request a hearing for revocation by applying to the Superior Court of the county in which the card was issued.
(c) Any person having knowledge that a person is subject to any of the disabilities set forth in this subchapter to obtain or possess a permit to purchase a handgun or a firearms purchaser identification card may notify the chief of police, the Superintendent or any other law enforcement officer who may take such action as may be deemed appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.11 - Duplicate State of New Jersey firearms purchaser identification card

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons shall apply for a duplicate State of New Jersey firearms purchaser identification card to replace a lost, stolen, or mutilated card, a change of residence, or change of sex by the holder, within 30 days of such loss, theft, mutilation, change of residence, or change of sex.
(b) The applicant shall complete an application for a duplicate State of New Jersey firearms purchaser identification card designated as form S.T.S. 033 and a consent for mental health records search designated as form S.P. 66 and present same to the chief of police in the municipality where the applicant resides or to the Superintendent in all other cases.
(c) It shall be the responsibility of the chief of police of the municipality wherein the applicant currently resides or the Superintendent in all other cases, to conduct a criminal history records check and to determine if the applicant is subject to any of the disabilities as provided by law and this subchapter and to issue the duplicate card, should the applicant qualify. The applicant shall pay the appropriate fee for a Criminal History Record Check as established by N.J.A.C. 13:59 in accordance with 53:1-20.5 et seq. ( P.L. 1985, c.69).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.12 - Appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person denied a State of New Jersey firearms purchaser identification card, a permit to purchase a handgun, or a duplicate firearms purchaser identification card may request a hearing in the Superior Court of the county in which he or she resides or in the Superior Court of the county in which his or her application for a firearms purchaser identification card was denied if he or she is a nonresident. The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit, identification card, or duplicate identification card. The applicant shall serve a copy of his or her request for a hearing upon the chief of police of the municipality in which he or she resides, if he or she is a resident of New Jersey, and upon the Superintendent in all cases.
(b) Any person denied a firearm purchaser identification card, a permit to purchase a handgun or a duplicate firearms purchaser identification card shall be notified in writing by the issuing authority of the reasons for the denial.
(c) The request for a hearing shall be made in writing within 30 days of the denial, and such request shall also be served upon the chief of police or the Superintendent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.13 - Firearms passing to heirs or legatees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. A person so acquiring ownership may retain the firearm if he or she meets the requirements of 13:54-1.5 and 1.6.
(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of the firearm for the purpose of sale for a period of 180 days, which period may be extended by the chief of police or the Superintendent. During such period the firearm must be placed in the custody of the chief of police or Superintendent.
(c) In the case of assault firearms or machine guns disposition shall be in accordance with N.J.A.C. 13:54-5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.14 - Limitation on fees

Current through Register Vol. 56, No. 14, July 15, 2024
No fees, other than those established by this chapter or law, shall be assessed or charged to any person by any governmental entity of this State for the processing of applications, or for the proper investigation of applicants for licenses, permits, cards and registrations in accordance with the provisions of this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.15 - Confidentiality of background investigations, permits, firearms identification cards, licenses, certifications, certificates, forms of register, registration statements and applications

Current through Register Vol. 56, No. 14, July 15, 2024
Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant. Any application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 1 - FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN › Section 13:54-1.16 - State of New Jersey Application for Multiple Handgun Purchase Exemption form and State of New Jersey Application for Multiple Handgun Purchase Seller/Transferor Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person seeking to acquire more than one handgun within any 30 calendar-day period must apply for a Multiple Handgun Purchase Exemption. The applicant shall complete form S.P. 015, including checking the appropriate box that corresponds to the exemption being sought, and submit the form to the investigating/issuing authority where the Handgun Purchaser Permit and Form of Register was applied for. The applicant shall further submit form S.P. 016, which shall also be completed by the seller/transferor. The S.P. 016 shall also be submitted to the investigating/issuing authority.
(b) The investigating/issuing authority shall review both forms for legibility and accuracy. Upon completion, the investigating authority shall submit both original forms to the New Jersey State Police, Firearms Investigation Unit for review and approval or denial.
(c) Upon approval by the Superintendent, both original forms will be returned to the investigating authority for issuance to the applicant.
(d) If the Application for Multiple Handgun Purchase Exemption is denied, a letter will be mailed to the applicant explaining the reason(s) for denial. The applicant may appeal the denial of the Superintendent within 30 days from the date of denial. The appeal shall be filed in the county Superior Court where the applicant resides.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.1 - Permit to carry a handgun

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter prescribes requirements and procedures for the issuance, renewal and revocation of permits to carry handguns.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.2 - Permit required

Current through Register Vol. 56, No. 14, July 15, 2024
No person, except as provided in 2C:39-6, shall carry, hold or possess a handgun without first having obtained a permit to carry the same in accordance with the provisions of this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.3 - Criteria for the issuance of a permit to carry a handgun

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No application for a permit to carry a handgun shall be approved by a chief police officer of a municipality, the Superintendent or the Superior Court, unless the applicant:
1. Is a person of good character who is not subject to any of the disabilities which would prevent him or her from obtaining a permit to purchase a handgun or a firearms purchaser identification card as provided in this chapter;
2. Has demonstrated that at the time of the application for the permit he or she is thoroughly familiar with the safe handling and use of handguns; and
3. Has demonstrated a justifiable need to carry a handgun.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.4 - Application for a permit to carry a handgun

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every person applying for a permit to carry a handgun shall furnish such information and particulars as set forth in the application form designated SP 642. The application shall be signed by the applicant under oath and shall be endorsed by three reputable persons who have known the applicant for at least three years preceding the date of application, and who shall also certify thereon that the applicant is a person of good moral character and behavior. Applications can be obtained at police departments and State Police stations.
(b) Each applicant shall demonstrate a thorough familiarity with the safe handling and use of handguns by indicating in the space provided therefor on the application form, and on any sworn attachments thereto, any relevant information. Thorough familiarity with the safe handling and use of handguns shall be evidenced by:
1. Completion of a firearms training course substantially equivalent to the firearms training approved by the Police Training Commission as described by N.J.S.A. 2C:39-6j;
2. Submission of an applicant's most recent handgun qualification scores utilizing the handgun(s) he or she intends to carry as evidenced by test firings administered by a certified firearms instructor of a police academy, a certified firearms instructor of the National Rifle Association, or any other recognized certified firearms instructor; or
3. Passage of any test in this State's laws governing the use of force administered by a certified instructor of a police academy, a certified instructor of the National Rifle Association, or any other recognized certified instructor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.5 - Approval of application

Current through Register Vol. 56, No. 14, July 15, 2024
The chief of police or the Superintendent, as the case may be, shall cause the applicant to be thoroughly investigated. The investigation shall include, but not be limited to, ascertaining that the applicant satisfies all of the requirements contained in this chapter for obtaining a permit to purchase a handgun or a firearms purchaser identification card, that the applicant has or has not demonstrated a thorough familiarity with the safe handling and use of handguns as evidenced by the application and accompanying materials, and that the applicant has or has not factually demonstrated a justifiable need to carry a handgun. The chief of police or the Superintendent shall approve or disapprove the application after completion of the investigation. If the application is approved, by the chief of police or the Superintendent, as the case may be, it shall be forwarded to the Superior Court of the county where the applicant resides, or if a nonresident or an employee of an armored car company, to a county where he or she intends to carry the handgun, for presentation to a judge of the Superior Court.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.6 - Application of employees of armored car companies

Current through Register Vol. 56, No. 14, July 15, 2024
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 within five days of the termination of an employee to whom any permit is issued, and agreeing to obtain from that employee the permit, which shall be immediately surrendered to the Superintendent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.7 - Issuance of a permit to carry a handgun

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon being satisfied of the sufficiency of the application and the fulfillment of the provisions of P.L. 1979, c. 58, the judge shall issue a permit. The issuing Superior Court judge shall return the original permit to carry a handgun along with the application endorsed by the issuing Superior Court judge, to the jurisdiction of origin.
(b) The court may, at its discretion, issue a limited type permit which would restrict the applicant as to the types of handguns he or she may carry and where and for what purposes such handguns may be carried.
(c) The Superintendent shall be provided with copies of all permits to carry handguns issued or re-issued by the Superior Court.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.8 - Appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person making application for a permit to carry a handgun who is denied approval by the chief police officer or the Superintendent may request a hearing in the Superior Court of the county in which he or she resides, or a county in which he or she intends to carry a handgun, in the case of a non resident or an employee of an armored car company. Such request shall be made in writing within 30 days of denial of the application. Copies of the request shall be served on the Superintendent, the county prosecutor and the chief police officer of the municipality where the applicant resides, if he or she is a resident of this State.
(b) If the application is denied by the judge of the Superior Court the appeal shall be made in accordance with law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 54 - FIREARMS AND WEAPONS › Subchapter 2 - HANDGUNS › Section 13:54-2.9 - Duration and renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All permits to carry a handgun shall expire two years from the date of issuance or, in the case of an employee of an armored car company, upon termination of his or her employment by the company occurring prior thereto, whichever is earlier in time.
(b) Permits must be renewed in the same manner and subject to the identical procedures by which the original permit was obtained. The chief police officer, the Superintendent and the Superior Court shall process a renewal for a permit to carry a handgun utilizing the same criteria established by this chapter for the issuance of an initial permit. This includes, but is not limited to, a renewed showing by the applicant of need, a renewed demonstration of thorough familiarity with the safe handling and use of handguns, as may be evidenced by recitation of all of the information requested on the initial application, including, but not limited to, the applicant's most recent qualification scores in the firing of a handgun.