Monday, November 25, 2013

Innovative Smartguns May Trigger New Jersey Gun Law



Groundbreaking developments in firearm technology may set into motion a decade-old New Jersey gun law.  Several firearms manufacturers have successfully created a “smart gun,” a gun that can only be fired when in the right hands.  In December of 2002, New Jersey’s then governor James E. McGreevey enacted legislation requiring all handguns sold in the state of New Jersey to be smart guns within three years of the technology being readily available.  Now, with smart guns (also known as personalized guns) currently being manufactured and sold throughout Europe, it appears that smart gun technology is in fact readily available. 

While several companies have successfully created smartguns, each uses different technology and processes.  For example, Armatix, a Germany-based company uses radio frequency technology in its .22-caliber pistol.  The pistol only activates if the holder is wearing a corresponding radio controlled watch.  As soon as the gun loses radio contact with the watch, the gun automatically deactivates itself and cannot be fired.  The gun’s safety mechanism can be activated and deactivated with a PIN code entered through the watch, though the safety mechanism can also be activated and deactivated manually.  Similarly, an Ireland-based company called Triggersmart has developed a comparable radio technology that they intend to license to gun manufacturers.  Like the Armatix smartgun, the Triggersmart gun can only be fired if the holder is wearing a corresponding radio transmitter, in this case a ring.  However, the company also offers radio frequency chips for subdermal implantation.  Another company, Kodiak Arms, an American company based in Utah, manufactures a gun that uses a fingerprint locking system.  The gun, dubbed the “Intelligun,” has a thumbprint scanner on the gun handle, and can only fire when the owner’s thumbprint remains in contact with the scanner.  The gun owner can authorize others to be able to use the gun as well.  Kodiak Arms says the Intelligun will be in full production by the end of 2013.  Meanwhile, researchers at the New Jersey Institute of Technology are in the process of developing a smart gun that recognizes the size and shape of the hand holding the gun, as well as the pressure applied by the hand. 

For New Jersey’s ban on the sale of ordinary handguns to go into effect, New Jersey’s Attorney General must report to the Governor and the legislature that a manufacturer has delivered at least one production model of a personalized handgun to a registered firearms dealer in the U.S.  According to New Jersey statute a personalized handgun means “a handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user.”  Also, “no make or model of a handgun shall be deemed to be a ‘personal handgun’ unless the Attorney General has determined, through testing or other reasonable means, that the handgun meets any reliability standards…” Twenty-four months after this initial delivery, New Jersey’s Attorney General must direct the Superintendent of State Police to compile a list of smartguns that may be sold in the state.  A copy of this list will then be made available to registered and licensed firearms dealers in New Jersey.  The Attorney General must also create rules and regulations for establishing a process for future handgun manufacturers to demonstrate that their handguns meet New Jersey’s statutory definition of a personalized handgun.  Six months after the compilation of the list of personalized handguns which may be sold in the state, no person, retailer, or wholesaler can sell non-personalized handguns in the state of New Jersey.  However, this ban on non-personalized handguns does not apply to federal, state and local law enforcement officers or members of the Armed Forces.  Also, New Jersey residents who obtained a non-personalized handgun prior to the enactment of this ban will not be required to vacate their firearms.

Though personalized handguns are available online from European manufacturers, they are not yet available through U.S. distributors.  However, with both Kodiak Arms and Armatix claiming that they will have a personalized handgun on the shelves at the end of this year, it appears that New Jersey’s ban on non-personalized handgun may soon go into motion, possibly culminating in 2016.

The entire text of New Jersey’s personalized-gun legislation can be found here.

(Blog entry written by Alex Diamond, IBLT/Carter DeLuca Entrepreneurship Support Fellow for the Fall 2013 semester)

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