New Jersey Statutes 2C:58-2.13. Definitions
Terms Used In New Jersey Statutes 2C:58-2.13
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
“Microstamp” means a unique alphanumeric or geometric code that identifies the make, model, and serial number of a firearm.
“Microstamp roster” means the roster of firearms that have been designated as microstamping-enabled firearms, pursuant to section 2 of P.L.2022, c.57 (C. 2C:58-2.14).
“Microstamping component” means a component of a firearm that will produce a microstamp on at least one location of the expended cartridge case each time the firearm is fired.
“Microstamping-enabled firearm” means a firearm that contains a microstamping component.
b. (1) Within 180 days of the date of enactment of P.L.2022, c.57 (C. 2C:58-2.13 et al.), the Attorney General or a designee shall: establish performance standards and qualifying criteria for determining whether a firearm constitutes a microstamping-enabled firearm; establish a process by which to determine whether a firearm constitutes a microstamping-enabled firearm; and complete the investigation required pursuant to paragraph (2) of this subsection.
(2) Based on the standards, criteria, and process established pursuant to paragraph (1) of this subsection, the Attorney General shall complete an investigation concerning the technological viability of microstamping-enabled firearms. The investigation shall include, but need not be limited to, live-fire testing evidence. At the conclusion of the investigation, the Attorney General shall certify whether viable microstamping-enabled technology exists. If the Attorney General certifies that the technology does not exist, the microstamping examiner designated pursuant to subsection c. of this section shall examine firearms submitted pursuant to subsection e. of this section and make technological viability certification recommendations to the Attorney General until such time as the Attorney General certifies that microstamping-enabled firearms are technologically viable.
c. The Attorney General or a designee shall designate a microstamping examiner. The examiner shall examine firearms submitted pursuant to subsection e. of this section in a manner proscribed by the Attorney General and shall:
(1) make microstamping-enabled technology viability recommendations, pursuant to subsection b. of this section;
(2) following certification by the Attorney General that microstamping-enabled firearms are technologically viable, determine whether a firearm meets the performance standards and qualifying criteria established by the Attorney General to be designated as a microstamping-enabled firearm.
d. Upon designation of the first microstamping-enabled firearm, the examiner shall create a microstamp roster, which shall include each firearm so designated. The roster shall be updated as necessary and shall be published on a website maintained by the New Jersey State Police. A copy of the roster shall be made available every six months to licensed retail firearms dealers in this State.
e. Any person seeking to include a firearm on the microstamping roster may apply to the microstamping examiner for a determination of whether the make and model of firearm proposed by the applicant may be designated as a microstamping-enabled firearm.
f. If one or more firearms are included on the microstamp roster, the Attorney General shall determine the commercial availability of microstamping-enabled firearms. Upon certification that microstamping-enabled firearms are commercially available, each licensed retail dealer of firearms shall:
(1) make available for purchase at least one firearm included on the roster and display the firearm in a conspicuous manner that makes it easily visible to customers and distinguishable from traditional firearms;
(2) post in one or more locations in the licensed retail dealer’s place or places of business in a conspicuous manner that makes them easily visible and accessible to customers:
(a) copies of the microstamp roster; and
(b) a sign that includes a clear and conspicuous statement disclosing the features of microstamping-enabled firearms that are not offered by traditional firearms and advising customers that such firearms may be purchased through the licensed retail dealer;
(3) accept and process orders to enable customers to purchase through the licensed retail dealer any firearms included on the microstamp roster;
(4) refrain from claiming that any firearm is a microstamping-enabled firearm if that firearm is not included on the microstamp roster; and
(5) in the event that the licensed retail dealer’s inventory of firearms included on the microstamp roster is depleted:
(a) place an order for at least one firearm on the microstamp roster within 21 days of the sale of the last firearm on the microstamp roster;
(b) maintain written records of the licensed retail dealer’s efforts to place an order and maintain those records on the premises and allow them to be open for inspection at all times; and
(c) post a sign on the premises indicating that microstamping-enabled firearms are sold routinely on the licensed retail dealer’s premises and will soon be available for purchase.
g. If at least one firearm is listed on the microstamp roster, the Superintendent of State Police shall designate officers to inspect the microstamping-enabled firearm inventory and records of all licensed retail dealers of firearms to determine whether a licensed retail dealer is in compliance with the provisions of subsection f. of this section. The inspections shall be conducted at least once every two years at any time during the normal business hours of the licensed retail dealer’s place of business.
L.2022, c.57, s.1.