An Act establishing the "Firearm and Ammunition Procurement Act" and supplementing Title 52 of the Revised Statutes.

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

1. This act shall be known and may be cited as the "Firearm and Ammunition Procurement Act."

2. As used in this act:

"Ammunition" shall have the same meaning as defined in subsection a. of section 1 of P.L.2007, c.318 (C.2C:58-3.3).

"Bidder" means any person, firm, corporation, or partnership, or any combination thereof, who submits a bid to a State agency for a contract award with the State agency.

"Contractor" means any person, firm, corporation, or partnership, or any combination thereof, who enters into a contract or agreement with a State agency.

"Firearm" shall have the same meaning as defined in subsection f. of N.J.S.2C:39-1 and 18 U.S.C. s.921.

"Firearm accessory" means a supplementary item or component designed to enhance a firearm's functionality, performance, or user experience or to modify a firearm or external gear used in conjunction with a firearm, including, but not limited to, the following: sights and optics; holsters; magazines; grips; slings; muzzle devices, suppressors, compensators, and flash hiders; bipods; trigger upgrades and conversion devices; cleaning kits; and ammunition carriers.

"Firearm precursor part" means any forging, casting, printing, extrusion, machined body, or similar object that has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as a firearm frame or receiver as defined in subsection k. of N.J.S.2C:39-9, or that is marketed or sold to the public to become or be used as a firearm frame or receiver as defined in subsection k. of N.J.S.2C:39-9 once completed, assembled, or converted.

"State agency" means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission, or other instrumentality within or created by such department and any independent State authority, commission, instrumentality, or agency which is authorized by law to award contracts.

3. A State agency shall require a bidder who engages in the public procurement process to certify, before the contract is awarded, renewed, amended, or extended, that the bidder does not sell unserialized gun build kits or firearm precursor parts, including, but not limited to, unserialized firearms, unserialized unfinished frames, and unserialized unfinished receivers. Such certification by the bidder shall also require the disclosure of any violation found from any type of inspection conducted by a federal, State, or local agency during the two most recent firearm, ammunition, or firearm accessory inspections.

4. a. A bidder seeking the award of, or a contractor who is awarded, a contract with a State agency for the procurement of firearms, ammunition, or firearm accessories shall, during the public procurement process, on an annual basis, and upon request of the State agency, provide to such State agency:

(1) a copy of any required valid license, permit, or certificate;

(2) any materials documenting the number of trace requests the bidder or contractor received from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives for each year within the past five calendar years, and the time between the sale of a firearm subject to such trace request and the crime that generated such trace request, if applicable;

(3) materials documenting any thefts or losses from the bidder's or contractor's premises for the past five calendar years;

(4) copies of the two most recent inspection reports of any firearm, ammunition, or firearm accessory inspection conducted by a federal, State, or local agency, including, but not limited to, any follow-up materials documenting administrative actions taken by such agency;

(5) any materials documenting the bidder's or contractor's corrective actions taken in response to a finding of noncompliance or violation of any federal, State, or local firearm, ammunition, or firearm accessory law, regulation, or other requirement, if applicable; and

(6) proof of compliance with all applicable local, State, and federal laws, including any such law related to firearm licensing, certification, and permitting and firearm precursor parts.

b. In addition to complying with subsection a. of this section, a bidder seeking the award of, or a contractor who is awarded, a contract with a State agency for the procurement of firearms, ammunition, or firearm accessories shall, during the public procurement process, on an annual basis, and upon request of the State agency, provide to such State agency, in writing, any practices or policies, including, but not limited to, any amendments to those practices or policies made during the public procurement process, in effect or adopted by the bidder or contractor, or required by any contract term that:

(1) prevent, detect, or screen for the transfer of firearms, ammunition, or firearm accessories to straw purchasers, as defined in section 2 of P.L.2022, c.56 (C.2C:58-34), or to firearm traffickers;

(2) prevent, detect, or screen against the sale of firearms, ammunition, or firearm accessories to an individual prohibited from possessing a firearm by federal, State, or local law, or court order;

(3) prevent, detect, or document the theft or loss of firearms, ammunition, or firearm accessories;

(4) train employees or subcontractors to ensure compliance with all applicable federal, State, and local firearms, ammunition, and firearm accessories laws and regulations;

(5) assist law enforcement agencies in the investigation or prevention of criminal access to firearms, ammunition, or firearm accessories; and

(6) operate a digital video surveillance system.

5. a. A State agency shall reject a bid from a bidder or cancel a contract with a contractor if the bidder or contractor has not complied with the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill).

b. A State agency shall not waive any of the requirements established pursuant to this act or make exigent or emergency purchases of firearms, ammunition, or firearm accessories.

6. a. Each State agency, in coordination with the Office of the Attorney General, shall develop processes and procedures to implement the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), which shall include, but may not be limited to, a process to administer and assess a bidder's or contractor's compliance with the requirements of this act.

b. The processes and procedures developed pursuant to subsection a. of this section may include:

(1) a prequalification process to preapprove potential bidders;

(2) a scoring system to be used in contracting or purchasing that evaluates a bidder's or contractor's public safety values relating to firearms, ammunition, and firearm accessories; and

(3) termination of any contract with a contractor found to not be in compliance with the requirements of this act.

7. This act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall apply to any contract for the procurement of firearms, ammunition, or firearm accessories which a State agency solicits, enters into, awards, amends, renews, or extends on or after the effective date of this act.

8. This act shall take effect immediately.

STATEMENT

This bill establishes the "Firearm and Ammunition Procurement Act" to develop State procurement practices for firearms, ammunition, and firearm accessories.

Under this bill, State agencies must require a bidder who engages in the public procurement process to certify, before the contract is awarded, renewed, amended, or extended, that the bidder does not sell unserialized gun build kits or firearm precursor parts, including, but not limited to, unserialized firearms, unserialized unfinished frames, and unserialized unfinished receivers. This certification by the bidder must include the disclosure of any violation found from any type of inspection conducted by a federal, State, or local agency during the two most recent firearm, ammunition, or firearm accessory inspections.

The bill also requires a bidder seeking the award of, or a contractor who is awarded, a contract with a State agency for the procurement of firearms, ammunition, or firearm accessories to, during the public procurement process, on an annual basis, and upon request of the State agency, provide to the State agency certain proof and materials related to firearm, ammunition, or firearm accessory safety.

Under the bill, a State agency must reject a bid from a bidder or cancel a contract with a contractor if the bidder or contractor has not complied with the provisions of this bill. A State agency will not be permitted to make exigent or emergency purchases of firearms, ammunition, or firearm accessories.

This bill also requires each State agency, in coordination with the Office of the Attorney General, to develop processes and procedures to implement the provisions of this bill.

This bill will apply to any contract for the procurement of firearms, ammunition, or firearm accessories which a State agency solicits, enters into, awards, amends, renews, or extends on or after the effective date of this bill.