N.J. Admin. Code § 13:54-3.14

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:54-3.14 - Permanent record of receipt and disposition of firearms and ammunition

(a) Every retail dealer of firearms or gunsmith shall maintain a permanent record of each firearm acquisition and disposition, including firearm frames and receivers. The record shall be maintained in a bound form and shall be kept at the location where the business is being conducted. The record of purchase or acquisition shall consist of invoices or other commercial records, which shall be filed in an orderly manner separate from other commercial records maintained. The purchase or other acquisition of a firearm by the licensed dealer must be recorded no later than at the close of the business day of the transfer of such purchase or other acquisition. The record shall show the date each firearm was purchased or otherwise acquired, the type, manufacturer, importer, caliber or gauge, model, name and address of the person from whom received, and the serial number of the firearm. The sale or other disposition of a firearm must be recorded by the licensed dealer not later than the close of the business day of the date of such sale or disposition. The record shall show the date of sale or other disposition of each firearm, the name and address of the person to whom the firearm was transferred, and the type, manufacturer, importer, caliber or gauge, model, and the serial number of the firearm. The information prescribed for the record required by this subchapter shall be in addition to the maintenance of the form of register S.P. 671 and the certificate of eligibility S.P. 634. The dealer shall, in the case of a transfer of a handgun to an individual, note that the handgun was accompanied by a trigger lock or a locked case, gun box, container, or other secure facility, provided, however, this provision shall not apply to antique handguns.

(b) Every retail dealer of ammunition shall maintain a permanent record of ammunition acquisition and disposition. The record of purchase or acquisition shall consist of invoices or other commercial records, which shall be filed in an orderly manner separate from other commercial records maintained. Such records shall show the name of the manufacturer, the type, caliber or gauge, quantity of the ammunition acquired in the transaction, the date of each acquisition and from whom received. The record of sale or disposition shall be maintained in a bound form and shall contain the date of the transaction, name of manufacturer, caliber or gauge, quantity of ammunition sold, name, address and date of birth of purchaser, and identification used to establish the identity of purchaser. The dealer shall confirm the age of the purchaser of rifle and shotgun ammunition to be at least 18, and handgun ammunition to be at least 21. No record need be maintained for the sale or disposition of shotgun or rifle ammunition. However, sales or other dispositions of ammunition intended for use in any other firearm and which may be interchangeable between rifles and handguns, as well as hollow-nosed or dum-dum ammunition, must be recorded. The records shall be maintained in chronological order by date of acquisition and disposition and shall be kept at the location the business is being conducted.

(c) The firearms and ammunition acquisition and disposition record as prescribed under this section need not be required, provided the dealer maintains an updated Federal firearms and ammunition record on firearms or ammunition purchased or acquired and sold as prescribed in Title 26, Internal Revenue, Chapter 1 "Commerce in Firearms and Ammunition", and to the extent that the information required by this section is included on such records. If not included, then the Federal records are to be supplemented so as to include all information required by this section.

(d) No person shall sell, give, transfer, assign or otherwise dispose of body armor penetrating bullets except to a Federally-licensed collector of firearms and ammunition who possesses a valid Collector of Curios and Relics License as defined in Title 18 U.S.C. § 921(a)(13) or to the Armed Forces of the United States or the National Guard, law enforcement agencies and licensed firearms dealers.

1. Collectors will be limited to the purchase or acquisition of not more than three rounds of each distinctive variation of cartridges. Distinctive variation includes a different head stamp, composition, design or color.

2. The seller shall record all sales of such ammunition including the name of the purchaser, the agency represented, the authorizing chief of police or other authorized law enforcement officer, or the highest ranking authorized military officer, the date, time and amount of ammunition. If the sale or disposition was to a law enforcement agency, the record shall also include the written authorization of the chief of police or highest ranking official of the agency.

3. All of the above information shall be forwarded to the Superintendent of the State Police within 48 hours of the sale or disposition.

(e) Electronic Records. Licensees may seek approval from the Superintendent to use an electronic record of acquisition and disposition of firearms, in lieu of the bound book form. The Superintendent shall authorize an electronic record of acquisition and disposition upon proof by the licensee that the electronic record accurately and readily discloses all information required to be maintained in (a) above.

1. A retail firearms dealer shall request permission from the Superintendent in writing and receive written approval from the Superintendent before beginning any electronic format of the acquisition and disposition record. Approval of such an electronic method shall be granted if the Superintendent finds that good cause is shown for the use of the alternate method; the alternate electronic method is within the purpose of, and consistent with the bound book form; and the alternate electronic form will not be contrary to any provision of State or Federal law or hinder the effective administration of law.

2. The electronic form shall readily make available the date each firearm was purchased or otherwise acquired, the type, manufacturer, importer, caliber or gauge, model, name and address of the person from whom received, and the serial number of the firearm. The date of acquisition and/or disposition shall be entered by the close of the business day of the transfer.

3. Any retail firearms dealer approved for the use of an electronic record of acquisition and disposition shall arrange for an electronic back-up system to safeguard all records against computer crashing, hacking, or being purged or lost through cyber space. The back-up system must be external, separate, and independent from any internal system to be utilized. Failure to institute an electronic back-up system shall result in the denial by the Superintendent for the request.

4. The Superintendent authorizes licensed retail dealers to maintain their firearms acquisition and disposition records electronically, provided all of the following conditions are met:

i. The licensee records in the computer system all acquisition and disposition information required by (a) above, as applicable. Required information includes a record of both the manufacturer and the importer of foreign-made firearms (if any). Additional columns can be utilized to capture certain additional information (for example, inventory number, new/used, etc.), so long as the additional information is separate from the required information and the required information is readily apparent.

ii. The system must retain any correction of errors as an entirely new entry, without deleting or modifying the original entry (for example, macro created to track changes). Alternatively, the system may allow for entries in a "notes" column to explain any correction and/or track changes (that is, what was changed, who made the change, why the change was needed). The NJSP Firearms Investigation Unit suggests that the recordkeeping system be capable of blocking fields from correction (for example, protect workbook function).

iii. The system cannot rely upon invoices or other paper/manual systems to provide any of the required information.

iv. The system must allow queries by serial number, acquisition date, name of the manufacturer or importer, name of the purchaser, and address of purchaser or other transferee.

v. The licensee must print or download all records from the system:

(1) Every quarter of the calendar year;

(2) Upon request of any law enforcement officer (must be provided within 24 hours);

(3) Prior to discontinuance of the database; and

(4) Prior to discontinuance of the licensee's firearms business.

vi. The printouts/downloads required under (e)4v above must include all firearms in inventory, as well as all firearms transferred during the period covered, sequentially by date of acquisition, and must be limited to display only the information required by the applicable rules. The printouts/downloads may contain additional columns capturing certain additional information, provided that the required information is readily apparent.

vii. The printouts must be retained until the next printout is prepared.

viii. Printouts may not include other merchandise.

ix. If a licensee downloads the records on a portable storage device (for example, Compact Disc (CD), Digital Versatile Disc (DVD), or Universal Serial Bus (USB) Flash Drive), the download must be retained on the portable storage device until the next download is prepared. Additionally, the licensee must be able to present the most current version of the requested records in a printed format at any law enforcement officer's request.

x. Electronic firearms acquisition and disposition records may be stored on a computer server owned and operated solely by the person holding the license, provided that the records are readily accessible through a computer device located at the licensed premises during regular business hours. The server must be located within the United States.

xi. The system must back-up the firearms acquisition and disposition records on a daily basis to protect the data from accidental deletion or system failure.

5. All laws, regulations, policies, and procedures applicable to the paper form of the firearms acquisition and disposition records also apply to electronic versions. Licensees are not required to use an electronic acquisition and disposition record, and may continue to use a paper record in the format prescribed by this chapter.

N.J. Admin. Code § 13:54-3.14

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