Stun Gun Legalization: Part 4

by Fred Sisto | Dec 18, 2017 | Blog, Criminal Law, Monmouth County, Ocean County

The State Police Superintendent’s new rule proposal continues:

Recognizing that the outright statutory prohibition on sale and possession of stun guns has been declared unconstitutional and can no longer be enforced, the proposed amendments would in operative effect permit the sale to and possession of stun guns by persons age 18 and over, codifying in rule the continuing prohibition on the sale to and possession of stun guns by persons under the age of 18. The proposed amendments and new rule would also authorize law enforcement officers to confiscate from minors unlawfully possessed stun guns.

The rule proposal does leave some room for interpretation regarding whether juveniles can now be adjudicated delinquent for stun gun possession. Still, the more reasonable interpretation is that juveniles can be adjudicated delinquent since juveniles can be adjudicated delinquent for firearms possession when an adult would not be committing any criminal offense.

This notice of proposal is excepted from the rule making calendar requirement because the Division is providing a 60-day comment period pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The proposed amendments and new rule will provide guidance to law enforcement, weapons dealers, and members of the public in understanding the lawful acquisition and possession and remaining restriction on the sale and possession of stun guns by minors in New Jersey, establishing limitations consistent with public safety and the Second Amendment.

Economic Impact

The proposed amendments and new rule will likely have a positive economic impact by authorizing the sale of stun guns to adults in New Jersey.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments and new rule do not exceed Federal standards, and are not proposed under the authority of or in order to implement, comply with, or participate in any program established under Federal law or under State statutes that incorporates or refers to Federal law, Federal standards, or Federal requirements.

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