The text is here: P.L.2002, c.130 (S573 2R SCS)
I joined this forum to take in y'alls thoughts on the situation. We're discussing it in a Texas-based forum and, believe me, our hearts go out to NJ gun owners. Y'all go through a lot.
On that other forum, I posted this:
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The definition of a "personalized handgun" is:
After reading that, I feel much better for our NJ brethren. This new handgun does not meet the NJ definition of "personalized handgun" and should not trigger the law.
Why? Let me count the ways -
The law requires
This handgun does not incorporate the technology within its design. It incorporates the technology within the design of both the handgun and the watch, a combination not covered by simply "handgun". "A handgun and a watch" is NOT the same as "a handgun".
The law requires
This handgun does not meet that standard. Any RFID device can be remotely jammed, easily.
The law requires
This handgun does not meet that standard. There's nothing about the presence of the rfid watch that means the user is actually authorized. If you steal the watch and gun combo, you can use it; however, you're definitely not an authorized user.
The law requires
This handgun will not be called upon to meet this standard because there is no definition in the law for "recognized user". It seems clear from the context that the intent is for the handgun to recognize the legal owner. This handgun does not do that. It only recognizes the watch. A tortured definition of "recognized" could be employed to allow the coding inside the firearm to determine the standard of recognition but since that standard, by design, cannot be limited to any particular person, it clearly does not fulfill the intent of the law. Absent a clear definition of "recognized user", the entire concept of "personalized handgun" under NJ law simply collapses.
The law requires that personalized handguns meet mechanical reliability standards vetted by the AG. To wit:
This simple-sounding requirement opens an avenue to block enforcement forever. If what is and isn't legal is determined by an AG determination about (see below) mechanical reliability, then the process of AG testing is subject to challenge. Absent testing, the complete lack of definition of "reasonable means" opens yet another avenue for legal action to challenge enforcement. An active community of shooters who take the state to court could use this partial sentence to tie the matter up for years.
The law requires that
That standard is meaningless. It gives the manufacturer control over the legality of their product. They need simply lie and say "Yeah, it meets our standards. Sure." On the basis that no manufacturer should be given the authority to determine if their own product is legal in the state, I'm surprised this language made it into the statute. Even anti-gun legislators should be offended by the notion that their laws can be changed simply by what a manufacturer writes in their marketing materials. A successful court challenge to the triggering of this law via any personalized handgun approved via this avenue is highly likely to succeed. The wording is simply ridiculous.
The law requires
This handgun does not meet that standard because current commercially available handguns do not require you to carry another device with you to make them work; they do not fail to work in the absence of that separate device. Thus, this new firearm does not rise to the level of reliability required by this wording. Therefore, it does not trigger the law to come into effect.
From a more practical approach, in another section the law requires that personalized handguns must be available at retail before the law goes into effect. Specifically,
What dealer would attempt to screw over every other dealer in the state? What dealer would so completely alienate every current and potential handgun owner in the state? What dealer in another state would be so oblivious to their actions that they'd be willing to terribly (perhaps mortally) damage all the dealers in NJ?
The first dealer to accept delivery of a pistol that triggers the activation of this law would instantly become a pariah in the gun community. They would surely go out of business. Can anybody point me to more info about the dealer in California who was thinking about taking delivery? I'd like to know the full story there. Just how crazy was/is that FFL holder?
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To my reckoning, this gun won't activate the NJ law. At least, that's the way I read it. However, y'all have to deal with the lawmakers and enforcers in your state. I don't. So, I'm just spitballing this thing. I'd be interested in your perspectives on the way I read the statute. Do any of you who are so much closer to the situation than I am have a different take on it?