New Law Proposal - NJ

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From the "I don't have a clue" crowd....

ASSEMBLY, No. 4061
STATE OF NEW JERSEY
212th LEGISLATURE

INTRODUCED MARCH 5, 2007

Sponsored by:Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)

SYNOPSIS
Requires radio frequency identifying devices in handguns sold by licensed retail dealers.


As introduced.

An Act concerning firearms and supplementing chapter 58 of Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. On and after the effective date of this act, no person registered or licensed by the superintendent as a manufacturer, wholesale dealer of firearms, retail dealer of firearms or agent or employee of a wholesale or retail dealer of firearms pursuant to the provisions of N.J.S.2C:58-1 or N.J.S.2C:58-2shall sell, expose for sale, possess with the intent of selling, assign or otherwise transfer any handgun unless a radio frequency identification device has been installed in that handgun or the handgun is an antique handgun.

As used in this subsection, a “radio frequency identification device” means a passive information storing mechanism which, when activated by a reader, will provide the name of the purchaser of the handgun, the date of the sale or transfer, the permit number under which the sale or transfer was authorized, the name and address of the licensed retail dealer making the sale or transfer, the make, model, manufacturer’s number, and caliber of the handgun, and such other information as the superintendent shall deem necessary.

b. The provisions of this section shall not apply to handguns to be sold, transferred, assigned and delivered for official use to: (1) State and local law enforcement officers of this State; (2) federal law enforcement officers and any other federal officers and employees required to carry firearms in the performance of their official duties; and (3) members of the Armed Forces of the United States or of the National Guard.

c. The Attorney General shall promulgate rules and regulations to effectuate the purposes of this act.

d. A person who knowingly violates the provisions of this section is guilty of a crime of the fourth degree.

2. This act shall take effect the first day of the 13 month following enactment, but the Attorney General may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT
This bill would prohibit licensed retail firearms dealers from selling handguns that do not have radio frequency identification devices (RFIDs) installed in them.

As used in this bill, an RFID is a passive information storing mechanism which, when activated by a reader, will provide the name of the handgun purchaser, the date of the sale or transfer, the permit number under which the sale or transfer was authorized, the name and address of the licensed retail dealer who made the sale or transfer, the make, model, manufacturer’s number, and caliber of the handgun.

The availability of this information will enable law enforcement to trace back to their original owners stolen handguns and handguns that are used in crimes.

The provisions of the bill do not apply to handguns sold or transferred for official use to federal, State and local law enforcement officers, and members of the Armed Forces of the United States or of the Natural Guard.

A person violating the provisions of the bill is guilty of a crime of the fourth degree which is punishable by a fine of up to $10,000; imprisonment for term of up to 18 months; or both.
 
From the "I don't have a clue" crowd....

Actually, I think they know exactly what they're doing.

The purpose of the bill has nothing to do with crime, tracing/tracking stolen handguns, public safety, etc.

It's a lame attempt to discourage firearms manufacturers and FFLs from doing business in NJ. Same thing with the "Smart Gun" nonsense.

This part gets me...

b. The provisions of this section shall not apply to handguns to be sold, transferred, assigned and delivered for official use to: (1) State and local law enforcement officers of this State; (2) federal law enforcement officers and any other federal officers and employees required to carry firearms in the performance of their official duties; and (3) members of the Armed Forces of the United States or of the National Guard.

If the purpose of the bill is to trace stolen guns and/or identify guns used in crimes, why would there be any exemption for the above named persons and agencys? How often have we heard or read of instances where police officers have had their guns stolen or lost?

The $100,000.00 question is... if any stolen handguns are recovered through the use of RFIDs, will the property be returned to the rightful owner?

[rofl]
 
If they get away with passing this, it's more a less a de-facto civilian
handgun ban. I doubt most handgun manufacturers will capitulate
to doing this, since the handgun market in NJ is probably even worse
than it is in MA.

-Mike
 
The handgun market in the state is much better than the market for long guns. While some of the ranges are closing, outdoor ranges suitable for HP and shotgun are far and few between. At least you can buy any handgun you wish without restriction except for a least than 16 round capacity.

What bothers me is the fact that they once again mandate that these firearms contain a technology that doesn't yet exist. It is no different than when the courts were forced to mandate that and DWI convictions included a ignition interlock that measured blood alcohol content before allowing the vehicle to start. The only problem was that no one in the state offered such devices. That surprised our judge after she ordered a convicted DWI operator to have one installed. I spent the better part of a day trying to track down someone to install it in his vehicle. Never did find anyone to do it.
 
refuse to sell any firearms to law enforcement that are not available to the common citizen.

I don't see that ever happening. The manufacturers are in business to make money. If the civilian market dries up, LE is all they have left.

NJ still has the "smart gun" legislation on the books. To date nothing has become of it and it is basically ignored. If the technology doesn't exist, I doubt a challenge to enforcement of the statute would not stand.

At this point, the legislation is only proposed, just like so many others that never make it anywhere.
 
If it passes there is a simple solution... all the gun manufacturers get together and collectivly refuse to install RFID tags on their products and further refuse to sell any firearms to law enforcement that are not available to the common citizen.

I would hope that the threat in the form of a nation wide boycott would discourage any gun manufacturer from even considering anything close to the NJ legislation.

Then again... sometimes gun owners have a habit of eating their own.
 
I'm not that familiar with the technology of those things. While I have an EZPass, I have only a basic working knowledge of the operation. I don't know where they would put one of the transponders without a major reengineering on most, if not all of the handguns currently available.

I have no doubt that NJ and other states proposes this type of legislation only to discourage manufacturers from selling their products in the state. They know what they mandate can't be done easily of cheaply or cost effective.

But try and pass a ban on politicians holding four or five paying jobs and they will scream bloody murder.
 
it is easy to put an RFID card in a handgun. Some federal agencies do it to issued duty weapons for inventory control. It is very small and just glues in.
 
RFID tags can be made soooo small that you'd never see it. The problem is that when RFID tags are placed too close to metal objects they well don't work very well; either inaccurate or unreadble. When completely surounded by metal they don't work at all. So until they developer the ALL plastic handgun RFID isn't really even a viable option. At least until they perfect the technology.
 
I've seen the flat tags for inventory control but I would have thought that anything that could manitain a decent abount of data would have to be slightly larger. But the poiunt about the metal in valid. The EZPass will not work with some sytles of windshield containing a foil sunblock.

I doubt this will ever come to pass in the near future. The state has more problems that this to solve.
 
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I can tell you for a fact, some fed agencies have them in their duty weapons. I don't know how much data is on them, but they use them and they work. Don't get me wrong, I'm against them in civilian guns, but it is being done on some fed guns.
 
I could see their MP5's and AR's having ample room in the grips but a handgun is pretty tight. But with modern electronics I guess anything is possible.
 
I could see their MP5's and AR's having ample room in the grips but a handgun is pretty tight. But with modern electronics I guess anything is possible.


An RFID chip is damned small. I'd place a fair
wager that they make them that are less than the size of the surface area
of one's pinky finger.

-Mike
 
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