By Evan F. Nappen, Attorney at Law (Exclusive to ANJRPC)
Out of the 23 bills recently filed in New Jersey, three dealing with mental health evaluations as a condition of issuance of FID cards contain potential severe unintended consequences that could invalidate every FID card in the state. They are A3688 (sponsors: Mainor and Jimenez), A3667 (sponsors: Cryan, O’Donnell, and Jasey) and A3676 (sponsor: Jimenez.) All three of these bills require a mental health evaluation approved by the Superintendent of State police as a condition for issuance of a New Jersey Firearms Purchaser ID card under N.J.S. 2C:58-3c. Failure to do so is explicitly a “disability” under N.J.S. 2C:58-3c
A3676 also requires a privacy invading in-home inspection as a condition for issuance of an FID card, and A3688 requires submission of a list of household members with mental illness to the police to receive an FID card. Failure to obey these requirements are also explicitly “disabilities” under N.J.S. 2C:58-3c.
New Jersey law provides that an FID card is void if the holder becomes subject to a “disability.” Accordingly, if these bills take effect, ALL persons already holding an FID card who have not had the home inspection, psychological evaluation, or provided the list of household members (and thereby overcome the “disabilities” imposed by the legislation) MUST TURN IN their Firearms ID card to the Police. The turn in must be done within 5 days by law or face prosecution for 4th Degree Crime (Felony -18 months prison time.) TAKE OUT YOUR OWN FID AND READ THE WARNING ON THE BACK…
These three bills have the potential to void every FID card in the state, and require their immediate return!
See for yourself. The law under NJS 58-3f. states:
“A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10.”
ANJRPC will continue to monitor this legislation (along with the dozens of others being monitored) and will alert you and request action on your part at key points in the legislative process.