An Act concerning firearm ammunition, supplementing chapter 58 of Title 2C of the New Jersey Statutes, and amending P.L.2007, c.318.

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

1. (New section) a. As used in this section, "rifle ammunition" means ammunition specifically designed to be used in a rifle. "Shotgun ammunition" means ammunition specifically designed to be used in a shotgun. Blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition shall not be construed to be rifle ammunition or shotgun ammunition for the purposes of this section.

b. No person shall sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire rifle or shotgun 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, a valid permit to carry a handgun, or a valid New Jersey hunting license, and first exhibits to the seller, donor, transferor or assignor the card or permit and either a driver's license or non-driver identification card. If the ammunition is purchased from out-of-State, it may be shipped only to an address on one of these documents.

c. No person shall sell, give, transfer, assign or otherwise dispose of rifle or shotgun ammunition to a person who is under 18 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 rifle or 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 rifle or shotgun 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 rifle or shotgun 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.

2. 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 card or permit] to the seller, donor, transferor or assignor the card or permit and either a driver's license or nondriver identification card. If the ammunition is purchased from out-of-State, it may be shipped only to an address on one of these documents.

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.

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)

3. This act shall take effect immediately.

STATEMENT

This bill would regulate the sale of rifle and shotgun ammunition in this State.

Under current law, handgun ammunition may only be purchased 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 would extend that requirement to purchases of rifle and shotgun ammunition.

A person who sells, transfers, purchases or possesses rifle or shotgun ammunition in violation of the bill's provisions would be 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.

The bill also requires that a purchaser exhibit a driver's license or nondriver identification at the time of the purchase of rifle, shotgun, or handgun ammunition. Further, if the ammunition is purchased from out-of-State, under the bill the ammunition may be shipped only to an address that appears on the purchaser's firearms purchaser identification card, permit to purchase a handgun, permit to carry a handgun, New Jersey hunting license, driver's license, or nondriver identification card.

This bill is modeled after an Illinois law regulating access to ammunition.