An Act concerning firearms and amending P.L.1992, c.74.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1992, c.74 (C.2C:58-3.1) is amended to read as follows:

1. a. Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3, or any other statute to the contrary concerning the transfer or disposition of firearms, the legal owner, or a dealer licensed under N.J.S.2C:58-2, may temporarily transfer a handgun, rifle, or shotgun to another person who is 18 years of age or older[, whether or not] if both the person transferring the firearm and the person receiving the firearm [holds] hold and exhibit to the owner or operator of the firing range a firearms purchaser identification card, a permit to purchase a handgun, or a permit to carry a handgun. The person transferring the firearm and the person receiving the firearm also shall provide proof of identity in the form of a valid driver's license or other government-issued form of photo identification. The person to whom a handgun, rifle, or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry, and use that handgun, rifle, or shotgun, if the transfer is made upon a firing range operated by a licensed dealer, by a law enforcement agency, a legally recognized military organization, or a rifle or pistol club which has filed a copy of its charter with the superintendent and annually submits to the superintendent a list of its members and if the firearm is received, possessed, carried, and used for the sole purpose of target practice, trap or skeet shooting, or competition upon that firing range or instruction and training at any location.

A transfer under this subsection shall be for not more than eight consecutive hours in any 24-hour period and may be made for a set fee or an hourly charge.

The firearm shall be handled and used by the person to whom it is temporarily transferred only in the actual presence or under the direct supervision of the legal owner of the firearm, the dealer who transferred the firearm, or any other person competent to supervise the handling and use of firearms and authorized to act for that purpose by the legal owner or licensed dealer. The legal owner of the firearm or the licensed dealer shall be on the premises or the property of the firing range during the entire time that the firearm is in the possession of the person to whom it is temporarily transferred.

The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler, or dealer of firearms.

The provisions of this subsection shall not prohibit a minor from possessing, carrying, firing, or using a firearm pursuant to the provisions of paragraphs (1) through (4) of subsection b. of section 14 of P.L.1979, c.179 (C.2C:58-6.1).

b. Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58-3, or any other statute to the contrary concerning the transfer and disposition of firearms, a legal owner of a shotgun or a rifle may temporarily transfer that firearm to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card. The person to whom a shotgun or rifle is temporarily transferred by the legal owner may receive, possess, carry, and use that shotgun or rifle in the woods or fields or upon the waters of this State for the purposes of hunting if the transfer is made in the woods or fields or upon the waters of this State, the shotgun or rifle is legal and appropriate for hunting and the person to whom the firearm is temporarily transferred possesses a valid license to hunt with a firearm, and a valid rifle permit if the firearm is a rifle, obtained in accordance with the provisions of chapter 3 of Title 23 of the Revised Statutes.

The transfer of a firearm under this subsection shall be for not more than eight consecutive hours in any 24-hour period and no fee shall be charged for the transfer.

The legal owner of the firearm which is temporarily transferred shall remain in the actual presence or in the vicinity of the person to whom it was transferred during the entire time that the firearm is in that person's possession.

The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler, or dealer of firearms.

c. No firearm shall be temporarily transferred or received under the provisions of subsections a. or b. of this section for the purposes described in section 1 of P.L.1983, c.229 (C.2C:39-14).

d. An owner or dealer shall not transfer a firearm to any person pursuant to the provisions of this section if the owner or dealer knows the person does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit. A person shall not receive, possess, carry, or use a firearm pursuant to the provisions of this section if the person knows he does not meet the qualifications set forth in subsection c. of N.J.S.2C:58-3 for obtaining or holding a firearms purchaser identification card or a handgun purchase permit.

(cf: P.L.2000, c.145, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill requires a person to have a firearms purchaser identification card, a permit to purchase a handgun, or a permit to carry a handgun in order for a firearm to be temporarily transferred to that person at a firing range.

Under current law, the legal owner or a licensed dealer of firearms may temporarily transfer a firearm to another person at a firing range whether or not that person has a firearms purchaser identification card or a permit to carry a handgun. Under this bill, a firearm could only be transferred to another person at a firing range if both the person transferring the firearm and the person receiving the firearm have and exhibit to the owner or operator of the firing range a firearms purchaser identification card, a permit to purchase a handgun, or a permit to carry a handgun. In addition, the bill requires the person transferring the firearm and the person receiving the firearm to provide proof of identity in the form of a valid driver's license or other government-issued form of photo identification.

The bill also provides that these provisions would not prohibit a minor from possessing, carrying, firing, or using a firearm pursuant to the following exceptions, as provided under current law: 1) in the presence or under direct supervision of a parent or guardian who holds a firearms purchaser identification card or a permit to carry a handgun; 2) for the purpose of a military drill; 3) for the purpose of target practice, instruction, and training at a firing range; or 4) for the purpose of hunting provided he or she possesses a valid hunting license and has completed a safety course.

According to the sponsor, this bill is in response to the recent fatal shootings that have occurred at New Jersey firing ranges. The intent of this bill is to prevent persons from gaining access to a firearm, by either renting or borrowing one, at a firing range for the purpose of taking his or her own life or injuring firing range personnel or other patrons. These acts could result in emotional trauma to witnesses or the loss of business for the owner of the firing range. Requiring a person to have and exhibit a firearms purchaser identification card, a permit to purchase a handgun, or a permit to carry a handgun ensures that the person has undergone a background check prior to the temporary transfer of a firearm.