N.J. Admin. Code § 13:54-1.4

Current through Register Vol. 56, No. 7, April 1, 2024

Section 13:54-1.4 - Applications for a State of New Jersey firearms purchaser identification card and for a permit to purchase a handgun and form of register

(a) Every person applying for a State of New Jersey firearms purchaser identification card or for a permit to purchase a handgun form of register shall furnish such information and particulars as are set forth in the application form designated S.T.S. 033. Forms can be obtained from municipal police departments, State Police stations, and licensed retail firearms dealers.

(b) The applicant shall waive any statutory or other right of confidentiality relating to institutional confinement.

(c) The applicant shall provide the names and addresses of two reputable citizens personally acquainted with him as references.

(d) The application shall be signed by the applicant and the completed application, together with two sets of the applicant's fingerprints and fees as established by N.J.A.C. 13:59 in accordance with 53:1-20.5et seq., a consent for mental health records search form designated S.P. 66, and a nonrefundable application fee of $ 5.00 for a State of New Jersey firearms purchaser identification card and $ 2.00 for a permit to purchase a handgun and form of register, shall be submitted to the chief of police of an organized full-time police department in the municipality in which the applicant resides. If the municipality does not have an organized full-time police department, application shall be made to the State Police station servicing the municipality in which the applicant resides, or to any State Police station in the case of a non-resident.

(e) The chief of police of an organized full-time police department of the municipality where the applicant resides, or the Superintendent, when the applicant is a non-resident of this State or when the municipality does not have a full-time department, shall accept and investigate applications for State of New Jersey firearms purchaser identification cards and permits to purchase handguns and form of register.

(f) The fingerprints of any applicant shall be compared with any fingerprints maintained by the State Bureau of Identification and the Federal Bureau of Investigation for the purpose of ascertaining the existence of any criminal record. The fingerprints shall be obtained and submitted for such comparison by the chief of police or the State Police, as the case may be.

(g) An applicant for a handgun purchase permit who possesses a valid firearms purchaser identification card, or who has previously obtained a handgun purchase permit from the same licensing authority for which he or she was previously fingerprinted, and who provides an additional valid identification document of his or her identity, need not be fingerprinted again. In such cases, the chief of police or Superintendent shall otherwise fully investigate the applicant in accordance with this subchapter. The chief of police or Superintendent shall require the applicant to complete the New Jersey State Police, State Bureau of Identification (SBI) "Request For Criminal History Record Information For Non Criminal Justice Purpose" form, via the State of New Jersey website, and pay the appropriate fee established by N.J.A.C. 13:59. Applicants unable to provide an additional valid identification document shall submit to fingerprinting.

(h) Applicants for a permit to purchase a handgun may apply for more than one permit per application. The number of permits requested, and each permit number shall be entered in the spaces provided on the application.

(i) The chief of police or the Superintendent, as the case may be, shall either approve or disapprove the applications. Permits and cards shall be issued by the chief of police or the Superintendent to persons who are found to be qualified and who are not subject to any of the disabilities set forth by this subchapter.

(j) An application for a firearms purchaser identification card or for a permit to purchase a handgun shall be prioritized and be investigated on an expedited basis and approved or disapproved without undue delay, within 14 days if possible, when an applicant who has not been issued a current firearm purchaser identification card and does not currently possess a handgun identifies specific threats or previous attacks that demonstrate a special danger to the applicant's life that cannot be avoided by means other than by issuance of a firearms identification card and/or a permit to purchase a handgun.

1. The specific conditions cited by the applicant may include, but need not be limited to, the following circumstances:

i. The applicant has been the victim of an act of violence that resulted in the infliction of serious or significant bodily injury, or was credibly threatened with an act of violence that if carried out would result in the infliction of serious or significant bodily injury, or subjected to an incident in which the actor was armed with and used a deadly weapon or threatened by word or gesture to use a deadly weapon as defined in 2C:11-1.c against the applicant, and there is a substantial likelihood, based on the information presented in the applicant's State of New Jersey Request for Expedited Firearms Application form (S.P. 398) and any other information revealed in the investigation of the application, that the applicant will in the foreseeable future be subjected to another such incident; or

ii. The applicant is protected by a court order or under a condition imposed by the court restraining another person from contact with the applicant, and there is a substantial likelihood, based on the information presented in the applicant's State of New Jersey Request for Expedited Firearms Application form (S.P. 398) and any other information revealed in the investigation of the application, that the applicant will in the foreseeable future be subjected to an act of violence that if carried out would result in the infliction of serious or significant bodily injury, or be subjected to an incident in which the actor is armed with and would use a deadly weapon or threaten by word or gesture to use a deadly weapon as defined in 2C:11-1.c against the applicant.

2. Applicants who are seeking the expedited application process shall furnish such information set forth in the Request for Expedited Firearms Application form designated S.P. 398. Forms can be obtained from municipal police departments and State Police stations and shall be approved or disapproved by the chief of police or the Superintendent.

3. The required form (S.P. 398) must be accompanied by the initial State of New Jersey Application for Firearms Purchaser Identification Card and/or initial Permit to Purchase a Handgun and Form of Register.

4. Approval of an expedited firearms application request does not automatically denote approval for the firearms purchaser identification card and/or permit to purchase a handgun and form of register. All applicants are subject to the provisions set forth in this chapter for final approval and issuance of cards and permits.

N.J. Admin. Code § 13:54-1.4

Amended by47 N.J.R. 1328(a), effective 6/15/2015

Amended by 48 N.J.R. 281(a), effective 2/16/2016