Stun Gun Legalization: Part 5

The NJSP Superintendent’s new rule proposal continues:

Jobs Impact

The proposed amendments and new rule are not expected to result in the generation or loss of jobs in New Jersey, although allowing the sale or transfer of stun guns to adults in New Jersey could have a positive impact on the job market.

Agriculture Industry Impact

The proposed amendments and new rule will not have any impact on the agriculture industry in New Jersey.

Regulatory Flexibility Statement

A regulatory flexibility analysis is not required because the proposed amendments and new rule do not impose any reporting, recordkeeping, or other compliance requirements on small businesses as that term is defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

Housing Affordability Impact Analysis

The proposed amendments and new rule will not have any impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments or new rule would evoke a change in the average costs associated with housing because the proposed amendments and new rule concern the regulation of weapons.

Smart Growth Development Impact Analysis

The proposed amendments and new rule will have an insignificant impact upon smart growth and there is an extreme unlikelihood that the proposed amendments or new rule would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan because the proposed amendments and new rule concern the regulation of weapons.

The full text of the proposed statutory changes read as follows:

SUBCHAPTER 1. FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN

13:54-1.2 Definitions

The words and terms used in this chapter shall have the following meanings:

. . .

“Stun gun” means any weapon or other device that emits an electrical charge or current intended to temporarily or permanently disable a person.

. . .

13:54-1.3 State of New Jersey firearms identification card or permit to purchase a handgun and form of register required; prohibition on sale of certain weapons

(a) No person, other than a licensed or registered retail or wholesale dealer, shall receive, purchase, or otherwise acquire a rifle, shotgun, or antique cannon, other than an antique rifle or shotgun, unless that person possesses and exhibits a valid firearms purchaser identification card. No person shall sell, give, transfer, assign, or otherwise dispose of a rifle, shotgun, or antique cannon, other than an antique rifle or shotgun, to a person other than a licensed or registered retail or wholesale dealer, unless the buyer or receiver possesses and exhibits a valid firearms purchaser identification card. No person shall sell, acquire, or possess a sawed-off shotgun. No person shall sell, give, transfer, assign, or otherwise dispose of a stun gun to a person under 18 years of age, and no person under 18 years of age shall receive, purchase, or otherwise acquire a stun gun.

The criminal code reference to juveniles being prohibited from acquiring stun guns further supports that juvenile possession of a stun gun is still a criminal offense, subjecting juveniles to criminal penalties. The failure to explicitly prohibit juvenile “possession” does leave room for disagreement and interpretation.

(b)-(d) (No change.)

SUBCHAPTER 5. MACHINE GUNS, ASSAULT FIREARMS, [AND] LARGE CAPACITY AMMUNITION MAGAZINES, AND STUN GUNS

13:54-5.8 Possession of a stun gun by a minor

No person under 18 years of age shall possess a stun gun. Any stun gun possessed by a person under the age of 18 shall be subject to confiscation by law enforcement.