An Act concerning handgun ammunition purchases and amending P.L.2007, c.318.

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

1. Section 1 of P.L.2007, c.318 (C.2C:58-3.3) is amended to read as follows:

1. a. As used in this act, "handgun ammunition" means ammunition specifically designed to be used only in a handgun. "Handgun ammunition" shall not include blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition.

b. No person shall sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire handgun ammunition unless the purchaser, assignee, donee, receiver or holder is licensed as a manufacturer, wholesaler, or dealer under this chapter or is the holder of and possesses a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, or a valid permit to carry a handgun and first exhibits [such] the card or permit to the seller, donor, transferor, or assignor along with a driver's license, nondriver identification card, or other government-issued form of photo identification.

c. No person shall sell, give, transfer, assign or otherwise dispose of handgun ammunition to a person who is under 21 years of age.

d. The provisions of this section shall not apply to a collector of firearms or ammunition as curios or relics who purchases, receives, acquires, possesses, or transfers handgun ammunition which is recognized as being historical in nature or of historical significance.

e. A person who violates this section shall be guilty of a crime of the fourth degree, except that nothing contained herein shall be construed to prohibit the sale, transfer, assignment or disposition of handgun ammunition to or the purchase, receipt or acceptance of ammunition by a law enforcement agency or law enforcement official for law enforcement purposes.

f. Nothing in this section shall be construed to prohibit the transfer of ammunition for use in a lawfully transferred firearm in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (C.2C:58-3.2) or section 14 of P.L.1979, c.179 (C.2C:58-6.1).

g. Nothing in this section shall be construed to prohibit the sale of a de minimis amount of handgun ammunition at a firearms range operated by a licensed dealer; 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 for immediate use at that range.

(cf: P.L.2007, c.318, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill requires that a person purchasing handgun ammunition exhibit a driver's license, nondriver identification card, or other government-issued form of photo identification at the time of purchase.

Under current law, handgun ammunition may be purchased only by a person who holds a valid firearms purchaser identification card, a valid copy of a permit to purchase a handgun, or a valid permit to carry a handgun. This bill requires that the purchaser also exhibit a driver's license, nondriver identification card, or other government-issued form of photo identification at the time of purchase.

A person who sells, transfers, purchases or possesses ammunition in violation of current law is guilty of a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.

This bill is based on recommendations set forth in a State of New Jersey Commission of Investigation follow-up report, issued in November 2016, entitled "Armed and Dangerous - Ten Years Later." According to the report, this bill is necessary to prevent "straw" purchases by individuals using another person's firearms identification card or permit.