| New Jersey is the First
State to Foster the Development of Handgun-related injuries and deaths are a major public health and law enforcement concern. Over the past ten years, FBI data show that 113 weapons were stolen from police officers and 57 officers were killed with their own guns. Moreover, the statistics show that every year, over 30,000 people – over 4,000 of whom are children – die as a result of gunshot wounds. A recent study from the Rand Corporation reveals that 34 percent of the children in the United States (representing more than 22 million children in 11 million homes) live in homes with at least one firearm present. In 69 percent of homes with firearms and children, more than one firearm is present. Recently, the State of New Jersey has taken the "bold and innovative step of fostering the development of personalized handguns by firearms manufacturers." N.J.S. 2C:58-2.2b. In an unprecedented act, the State has put legislation in place to regulate the future sale of handguns. This new series of laws specify that three years after it is determined that personalized handguns are available for retail purposes, it will be illegal for any registered or licensed firearms manufacturer or dealer to transport, sell, expose for sale, assign or transfer any handgun unless that handgun is a personalized handgun. Retail dealers who violate this law would be guilty of a crime punishable by imprisonment for up to 18 months, a fine up to $10,000, or both. A "personalized handgun," commonly are referred to as a "childproof" handgun, is defined as any handgun which "incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use" so that it can only be fired by an "authorized or recognized user." N.J.S. 2C:39-1dd. The technology limiting the handgun’s operational use may involve a variety of systems, such as biometric, mechanical or electronic systems, which restrict the operation of the handgun through radio frequency tagging, touch memory, remote control, fingerprint, magnetic encoding or other automatic user identification programs. The statutory definition of a personalized handgun specifies that the handgun must also meet the reliability standards that the manufacturer requires for its commercially available handguns that are not personalized. If the manufacturer does not have such reliability standards, the handgun must meet the reliability standards generally used in the industry for commercially available handguns. Two years after it is determined that personalized handguns are available for retail sales purposes, the head of the state police, working in conjunction with the state’s attorney general, will prepare a list of the specific types of personalized handguns that may be sold in New Jersey. The personalized handguns that may be sold are to be identified on the list by manufacturer, model and caliber. Any gun manufacturer who wants its handguns included on the list of personalized handguns eligible for retail sale in this state are required to: (a) provide the necessary handgun or handguns for testing, (b) pay an application fee and (c) pay the costs incurred in, or associated with, the actual testing of the handgun. Six months after the preparation of this list and its delivery to firearms dealers, the sales restriction takes effect. Thereafter, only personalized handguns may be sold by registered and licensed firearms dealers in New Jersey. With this "groundbreaking" event, "New Jersey is leading the country on protecting children from guns," said Michael D. Barnes, president of the Brady Campaign to Prevent Gun Violence. |
