Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
SYNOPSIS
Requires State Police to produce brochure summarizing law governing transport and possession of firearms; requires MVC to make brochure available to new State residents registering vehicles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notification of firearms law, supplementing chapter 58 of Title 2C of the New Jersey Statutes, and amending P.L.1955, c.53.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Superintendent of State Police shall produce an informational brochure summarizing federal and State law governing the transport and possession of firearms, including penalties imposed for violations of these laws. The purpose of the brochure is to aid persons in this State who currently own a firearm in understanding their rights and responsibilities under the law and to assist nonresident firearm owners moving into the State as to their legal obligations in regard to the lawful transporting and possessing of their firearm. The brochure shall be as consumer-friendly as possible. The brochure shall be published in print form, within the limits of available funds. Copies of the printed form required under subsection f. of section 1 of P.L.1955, c.53 (C.39:3-17.1) shall be forwarded to the Motor Vehicle Commission. The brochure also shall be posted on the official website of the State Police.
2. Section 1 of P.L.1955, c.53 (C.39:3-17.1) is amended to read as follows:
1. a. Except as provided in section 9 of P.L.1990, c.103 (C.39:3-10.17), any person who becomes a resident of this State and who immediately prior thereto was authorized to operate and drive a motor vehicle or motor vehicles in this State as a nonresident pursuant to R.S.39:3-15 and R.S.39:3-17, shall not lose his right to so operate and drive such motor vehicle or motor vehicles by becoming a resident of this State, but such right shall continue to be in full force and effect for 60 days, unless a longer period of reciprocity is otherwise provided by law, after the establishment of his residence in this State in the same manner and to the same extent as though he were a nonresident. The chief administrator shall not issue a driver's license to a person who is entitled to operate a motor vehicle in this State under a reciprocity privilege granted by any law.
b. Any person who becomes a resident of this State and who immediately prior thereto was authorized to operate and drive a motor vehicle or motor vehicles in this State as a nonresident pursuant to R.S.39:3-15 and R.S.39:3-17, shall register any vehicle operated on the public highways of this State within 60 days of so becoming a resident of New Jersey, pursuant to R.S.39:3-4 or section 2 of P.L.1968, c.439 (C.39:3-8.1).
c. Any person who violates subsection b. of this section is subject to a fine of not more than $250 for a first offense and not more than $500 for a second or subsequent offense.
d. Any person who violates subsection b. of this section a third or subsequent time shall have the vehicle impounded by the law enforcing agency for not less than 96 hours. The vehicle shall only be released to the registered owner upon proof of registration and insurance and payment of all reasonable towing and storage fees.
If the owner of an impounded vehicle fails to claim the impounded vehicle by midnight of the 30th day following the day on which the vehicle was impounded, that vehicle may be sold at auction. Notice of the sale shall be given by the impounding entity by certified mail to the owner of the vehicle, if the owner's name and address are known, and to the lienholder, if the lienholder's name and address are known, and by publication in a form prescribed by the chief administrator by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the vehicle is impounded.
At any time prior to the sale of an impounded vehicle, the owner or other person entitled to the vehicle may reclaim possession upon showing proof of registration and insurance and paying all costs associated with the impoundment, and reasonable towing and storage fees.
The owner-lessor of an impounded vehicle shall be entitled to reclaim possession without payment or proof of insurance and the lessee shall be liable for all outstanding costs associated with the impoundment, towing, and storage of the vehicle.
e. Any proceeds obtained from the sale of a vehicle at public auction pursuant to subsection d. of this section in excess of the amount owed to the impounding entity for the reasonable costs of towing and storage and any other costs associated with the impoundment of the vehicle shall be returned to the owner of that vehicle, if his name and address are known.
f. A person who becomes a resident of this State and registers a vehicle pursuant to R.S.39:3-4 or section 2 of P.L.1968, c.439 (C.39:3-8.1) as required under this section shall be informed of the availability of an informational brochure summarizing federal and State law governing the lawful transporting and possession of firearms in this State as produced by the Superintendent of State Police pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2007, c.178, s.1)
3. This act shall take effect on the first day of the seventh month after enactment but the Superintendent of State Police may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would require the Superintendent of State Police to produce a brochure summarizing federal and State law governing the transport and possession of firearms. The brochure would have to include a list of the penalties imposed for violations of firearms' law.
The purpose of the brochure is to aid persons in this State who currently own a firearm in understanding their rights and responsibilities under the law. The brochure also should inform residents of other states who own a firearm and are moving into New Jersey of their legal obligations in regard to transporting and possessing that firearm.
The bill requires the brochure to be as consumer-friendly as possible. The bill also requires that the brochure be available in print form, as well as on the official website of the State Police.