An Act concerning ammunition sales and amending P.L.2007, c.318.

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

1. 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. (1) 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.

(2) Every retail dealer of handgun ammunition shall electronically report all handgun ammunition sales and transfers and information about each sale or transfer to the superintendent by utilizing the program developed pursuant to paragraph (3) of this subsection.

(3) On or before the first day of the tenth month after the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the superintendent shall develop a program for retail dealers of handgun ammunition to electronically report, on a real-time basis, all handgun ammunition sales and transfers and information relating to each sale or transfer. The reported information shall include the date of the transaction; the name of the manufacturer, the caliber or gauge, and the quantity of ammunition sold or transferred; the name, address, and date of birth of the purchaser; the identification used to establish the identity of the purchaser; and any other information the superintendent may require.

The superintendent shall establish an electronic database containing the reported information, which shall be available to law enforcement officers on a real-time basis. The superintendent also shall establish security procedures to protect the confidentiality of the information contained in the database, which shall prevent access to the information by any person who is not lawfully entitled to it. The information contained in the database shall not be considered a public or government record for the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.).

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.

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 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)

2. This act shall take effect immediately.

STATEMENT

This bill requires electronic reporting of handgun ammunition sales.

Under the provisions of this bill, every retail dealer of handgun ammunition is required to electronically report all handgun ammunition sales and transfers and information about each sale or transfer to the Superintendent of State Police.

The bill further requires the superintendent to develop a program for retail dealers of handgun ammunition to electronically report this information on a real-time basis. The reported information is to include the date of the transaction; the name of the manufacturer, the caliber or gauge, and the quantity of ammunition sold or transferred; the name, address, and date of birth of the purchaser; the identification used to establish the identity of the purchaser; and any other information that the superintendent requires.

The superintendent also is to establish an electronic database containing the reported information, which is to be available to law enforcement officers on a real-time basis.

This bill implements a recommendation by the State of New Jersey Commission of Investigation in its November 2016 follow-up report entitled "Armed and Dangerous-Ten Years Later."