December 2, 2014:
NJ Attorney General Finds Armatix Handgun Does Not Qualify as “Smart Gun”
In 2002, then-NJ Governor Jim McGreevey (D) signed the Personalized Handgun Law (N.J.S. 2C:58-2.2 et seq.), legislation mandating that all handguns sold in New Jersey be “smart guns” within three years after the technology becomes available and is deemed sufficiently safe by the state attorney general. Under the bill, the technology limiting the handgun’s operational use may include, but not be limited to: radio frequency tagging, touch memory, fingerprint, remote control and magnetic encoding. The Brady Campaign to Prevent Gun Violence recently filed a lawsuit in the Superior Court of New Jersey, Mercer County, naming current Attorney General John Jay Hoffman as a defendant. The lawsuit also alleges that the NJ legislature has ignored the recent availability of personalized handguns for retail purchase in Maryland and California, and specifically identifies the Armatix iP1 handgun as a “smart gun” which qualifies to begin the three year clock under the mandate. However, Attorney General Hoffman issued a report yesterday stating that “[a]fter careful consideration of the iP1’s design, [it has been] determined that it does not satisfy the statutory definition.” Hoffman’s report reasoned that the Armatix iP1 did not qualify because the pistol may be fired by a person who is not an authorized or recognized user so long as the pistol is situated within 10 inches of the enabling wristwatch. A copy of Attorney General Hoffman’s report can be found here.
Ohio Senate Mulls Expansive Firearm Legislation
The Ohio Senate is currently considering the passage of House Bill 203, which would expand “stand your ground” rights for Ohio residents. HB 203 (sponsored by Representative Terry Johnson), as passed by the Ohio House of Representatives, states that “a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence, if that person is in a place that the person lawfully has a right to be.” HB 203 would provide for an expansion of current “stand your ground” legislation by removing language within the current legislation which limits a person’s residence and vehicle they own (or owned by an immediate family member) as places where they have no duty to retreat. The Senate is expected to make a decision on HB 203 within two weeks. A copy of HB 203 can be found here. The Ohio Senate is also expected to vote on Senate Bill 338 in the coming weeks. SB 338 proposes a reduction in required training for concealed-carry licensees from 12 hours to 8 hours, and provides for the granting of a concealed-carry license to out-of-state residents if they are employed in Ohio. A copy of SB 338 can be found here.
Utah City Repeals Conflicting Firearm Laws
Due to the efforts of the Second Amendment Foundation (SAF), the City Council of Park City, Utah repealed four City Regulations that were not in compliance with Utah State firearm statutes earlier this week. These regulations included a prohibition on the use and possession of firearms, the carrying of concealed weapons, carrying a loaded firearm inside a vehicle, and a prohibition on someone drawing or showing a firearm in “an angry or threatening manner,” regardless of whether it was loaded (with no exceptions for justified use of force). Park City attorney, Tricia Lake, stated that “had the City Council not repealed the sections, the restrictions would amount to unlawfully restricting an individual’s rights under the Second Amendment…as well as rights outlined in the Utah Constitution.” The SAF’s efforts in Park City were part of the group’s nationwide movement to insure consistency amongst municipality and state firearm laws.
Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments
Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on this website. Any questions you may have about these developments should be directed to John F. Renzulli or Christopher Renzulli.