N.J. Admin. Code § 13:54-4.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:54-4.4 - Standards and qualifications

(a) Registration shall not be granted under this subchapter to any manufacturer or wholesale dealer of firearms under the age of 21 years or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person.

(b) No wholesale dealer or firearms manufacturer registered as provided in this subchapter shall permit any wholesale dealer's agents, employees, or other persons to engage in the purchase or sale or offering for sale of firearms or parts of firearms, unless such agents, employees, or persons are over the age 18 and are licensed by the Superintendent. Such persons must submit to the Superintendent completed application form S.P. 641, a receipt from the current State-authorized fingerprinting vendor indicating fingerprints were submitted (if the applicant resides in a state without access to the authorized vendor, then the applicant shall provide two sets of fingerprints) and consent for mental health records search form S.P. 66. An employee who possesses a firearms purchaser identification card need not be fingerprinted again, provided that the New Jersey State Police, State Bureau of Identification (SBI) "Request For Criminal History Record Information For Non Criminal Justice Purpose" form and the applicable fee is paid, the number of the firearms purchaser identification card (S.B.I. #) is included in the space provided on the application, and provided that the employee continues to be eligible to retain such card in accordance with the provisions of this chapter. The Superintendent shall issue licenses to such persons if they qualify to obtain a permit to purchase a handgun or to possess a firearms purchaser identification card as provided in this chapter, and would not pose a danger to the public health, safety, or welfare. A nonrefundable fee of $ 5.00 shall be paid by the employer to the Superintendent for each agent, employee, or person in addition to the fees established by N.J.A.C. 13:59 in accordance with 53:1-20.5et seq.

(c) An employee who is licensed by the Superintendent to engage in the purchase, sale or manufacture of firearms is licensed until such time as he or she terminates his or her employment with the wholesale dealer or manufacturer or becomes disabled as provided in this chapter.

(d) Should an employee be transferred from his or her licensed location to another location, by the same registered employer, that employee shall apply for a transfer of his or her employee license by submitting application form S.P. 649, consent for mental health records search form S.P. 66, and shall surrender his or her current employee license to the Superintendent once this transfer takes place.

(e) A wholesale dealer and/or manufacturer shall, within five days, return to the Superintendent any employee license for an employee who has been terminated, permanently transferred or has become disqualified as provided by this chapter.

(f) A wholesale dealer and/or manufacturer shall not receive initial permission from the Superintendent to conduct a wholesale/manufacturer firearms business unless local zoning requirements have been satisfied for the operation of such a business, and the Superintendent has been notified in writing that such requirements have been satisfied. After the issuance of the initial registration, a wholesale dealer and/or manufacturer has a continuing obligation to remain in compliance with local zoning requirements and to notify the Superintendent within 48 hours of receiving written notice from the local zoning official or other competent authority that he or she is not in compliance with such local zoning requirements. The failure of the wholesale dealer and/or manufacturer to comply with this notification requirement may result in the revocation of the registration or license of such dealer and/or manufacturer.

(g) An applicant for renewal of a wholesale firearms dealers and/or manufacturer of firearms license need not submit additional proof of zoning compliance to the Superintendent. Wholesale dealers and/or manufacturers are nevertheless required to notify the Superintendent within 48 hours of receiving written notice from the local zoning official or other competent authority that they are not in compliance with such local zoning requirements. The failure of a wholesale dealer and/or manufacturer to comply with this notification requirement may result in the revocation of the registration or license of such wholesale dealer and/or manufacturer.

N.J. Admin. Code § 13:54-4.4

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