New Jersey Section 2C:58-2.6 – Rules, regulations.
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New Jersey Section 2C:58-2.6 – Rules, regulations
New Jersey has comprehensive laws regulating the sale, purchase, possession, and carrying of firearms. Section 2C:58-2.6 specifically deals with the authority of the Attorney General to promulgate rules and regulations related to the state’s firearms laws. This section provides important context on the broader regulatory framework surrounding firearms in New Jersey.
Overview of NJ Firearms Laws
New Jersey has some of the strictest gun laws in the United States. The state requires permits to purchase handguns and to carry handguns in public. New Jersey bans assault weapons and .50 caliber rifles and imposes magazine capacity restrictions. The state also has a red flag law to remove guns from individuals who pose a threat.
These laws are contained in Chapter 58 of Title 2C of the New Jersey Code of Criminal Justice. This chapter regulates the sale, purchase, possession, and carrying of firearms in the state. It requires licensing of firearms dealers and their employees. It also requires registration of assault weapons. Several sections mandate reporting of certain injuries, loss or theft of firearms, and convictions.
Section 2C:58-2.6 specifically provides the Attorney General with the authority to promulgate rules and regulations to implement New Jersey’s firearms laws. This section states:
The Attorney General, in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act.
This rulemaking authority allows the Attorney General flexibility to adapt regulations as needed to further the purposes of the firearms laws. The Attorney General can enact rules on firearms licensing, sales, transfers, carrying, registration, and other aspects of regulated firearms activity.
The rules and regulations are subject to the state’s Administrative Procedure Act. This law governs the process for adopting regulations in New Jersey. It requires publication of proposed rules, a public comment period, and responses to comments before final regulations are adopted.
Current Firearms Regulations
The Attorney General has used the authority under 2C:58-2.6 to adopt extensive regulations on firearms. Current regulations cover topics such as:
- Permitting process for purchasing handguns and carrying handguns
- Assault firearms registration
- Procedures for voluntary surrender of firearms
- Standards for approval of personalized handguns
- Extreme risk protective orders (red flag laws)
- Security requirements for firearms dealerships
- Ammunition sales and transfers
- Proper display of handgun ammunition
The content of these regulations provides helpful context on the implementation of New Jersey’s firearms laws. The regulations add important details on the requirements for lawful firearms possession and transfer in the state.
For example, the regulations specify the information that must be included in permit applications to purchase or carry handguns. They set timelines for background checks. They delineate the acceptable forms of photo ID and mental health records. The regulations provide law enforcement and citizens concrete guidance on complying with the law’s permitting provisions.
Rulemaking Process
As required by the Administrative Procedure Act, the Attorney General must follow a formal process to adopt new or amended firearms regulations. This includes:
- Publishing a notice of the proposed regulations in the New Jersey Register
- Providing a public comment period of at least 60 days
- Responding to comments and making any appropriate revisions
- Publishing the final regulations with responses to comments
Interested parties like gun owners, dealers, manufacturers, and safety advocates can participate in the rulemaking process. They can review proposals, submit comments, and suggest changes during the public comment period. The Attorney General must consider the comments and make modifications where appropriate before finalizing the regulations.
For example, in 2018 the Attorney General proposed amendments to the permitting regulations. After receiving over 1300 comments, the office made changes addressing concerns about privacy, fees, and other issues. The final regulations incorporated these revisions.