Personalized & Owner-Authorized Firearms in Arizona

Arizona does not require firearms to be personalized.

In 2017, Arizona passed a law that prohibits the use of “electronic firearm tracking technology,” defined to mean a technology that uses information to locate or control the use of a firearm, when that information is stored in a decentralized or centralized way and is not owned or controlled by any single person or entity.1

See our Personalized & Owner-Authorized Firearms Policy Summary for a comprehensive discussion of this issue.

Notes
  1. Ariz. Rev. Stat. § 13-3122. ⤴︎

Personalized & Owner-Authorized Firearms in Maryland

A “personalized handgun” is defined under Maryland law as any handgun manufactured with technology incorporated into the design allowing the handgun to be fired only by a person who is the authorized user of the handgun, and that prevents any of the handgun’s safety characteristics from being readily deactivated.1

Maryland’s Handgun Roster Board (“Board”) is required to review the status of personalized handgun technology and report its findings to the Governor and the General Assembly on or before the first day of July each year.2 The Board, in reviewing the status of personalized handgun technology, shall consider information on the number and variety of models and calibers of personalized handguns available for sale, and any studies, analyses or other evaluations of personalized handguns conducted or commissioned by: 1) the National Institute of Justice; 2) a federal, state or local law enforcement laboratory; or 3) any other entity with an expertise in handgun technology.3

See our Personalized Firearms policy summary for a comprehensive discussion of this issue.

Notes
  1. Md. Code Ann., Pub. Safety § 5-132(a)(7). ⤴︎
  2. Md. Code Ann., Pub. Safety § 5-132(d)(1). ⤴︎
  3. Md. Code Ann., Pub. Safety § 5-132(d)(2). ⤴︎

Personalized & Owner-Authorized Firearms in Massachusetts

See our Personalized Firearms policy summary for a comprehensive discussion of this issue.

Massachusetts law refers to “smart gun”-type technology in provisions relating to the sale of firearms without safety devices, but state law does not specifically mandate the use of such technology. Massachusetts law deems the sale of handguns and large capacity weapons without safety devices — including “smart gun” technology — an unfair or deceptive trade act or practice and declares such firearms defective.1 For further information, please see the Locking Devices section.

 

Notes
  1. Mass. Gen. Laws ch. 140, § 131K. ⤴︎

Personalized & Owner-Authorized Firearms in New Jersey

On December 23, 2002, New Jersey adopted a law that requires personalized handgun technology to be incorporated into all handguns sold in the state within a two to three-year period after the technology is deemed safe and commercially available for retail sale by the state Attorney General.

New Jersey Statutes Annotated § 2C:39-1dd defines a “personalized handgun” as:

[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. The technology limiting the handgun’s operational use may include, but not be limited to: radio frequency tagging, touch memory, remote control, fingerprint, magnetic encoding and other automatic user identification systems utilizing biometric, mechanical or electronic systems. No make or model of a handgun shall be deemed to be a “personalized handgun” unless the Attorney General has determined, through testing or other reasonable means, that the handgun meets any reliability standards that the manufacturer may require for its commercially available handguns that are not personalized or, if the manufacturer has no such reliability standards, the handgun meets the reliability standards generally used in the industry for commercially available handguns.

New Jersey’s Attorney General is required to report to the Governor and the Legislature every six months regarding the availability of personalized handguns for retail sales purposes until the Attorney General deems such firearms technology available for retail sale.1 Personalized handguns will be deemed available for retail sale if at least one manufacturer has delivered at least one production model (a handgun that results from a manufacturing process that produces multiple copies of the same handgun model, but not prototypes) to a registered or licensed wholesale or retail dealer in New Jersey or any other state.2

Once 23 months have elapsed from the Attorney General’s report announcing that personalized handguns are available for retail sale, the Attorney General must work with the Superintendent of State Police to promulgate a list of personalized handguns that may be sold in New Jersey.3 This process must be initiated following the 23-month period, and must be completed within an additional six months.4 The law allows for the listing of new handguns and the removal of previously authorized firearms from the list, and directs the Attorney General to create a process that will allow manufacturers to submit handguns for testing and authorization for sale. This list must be distributed to all licensed firearms dealers.5

Beginning six months after the date the initial list of approved handguns is completed, no licensed manufacturer, wholesaler, or retail firearms dealer, or any of the dealer’s employees or agents, shall transport into New Jersey, sell, expose for sale, possess with the intent of selling, assign or otherwise transfer a handgun unless it is a personalized handgun or an antique handgun.6

Exceptions exist for handguns used by law enforcement or military officers, and for handguns used in competitive shooting matches.7

Licensed firearms dealers or their employees will be prohibited from delivering any handgun to any person on and after the first day of the sixth month following the release date of the initial personalized handgun list,8 unless the handgun is identified as a personalized handgun and included on the state-approved list, or is classified as an antique handgun.9

Within 30 days following the release of the initial personalized handgun list, a seven-member commission within the state Department of Law and Public Safety must be created, which will meet once annually thereafter to determine whether state and local law enforcement should use personalized handguns.10

The adopted text of New Jersey’s personalized guns statutes can be found in its entirety at the New Jersey State Legislature’s website.

See our Personalized & Owner-Authorized policy summary for a comprehensive discussion of this issue.

Notes
  1. N.J. Stat. Ann. § 2C:58-2.3a. ⤴︎
  2. N.J. Stat. Ann. § 2C:58-2.3b. ⤴︎
  3. N.J. Stat. Ann. § 2C:58-2.4a. ⤴︎
  4. N.J. Stat. Ann. § 2C:58-2.4b. ⤴︎
  5. N.J. Stat. Ann. § 2C:58-2.4b. ⤴︎
  6. N.J. Stat. Ann. § 2C:58-2.5a. Antique handguns are defined under N.J. Stat. Ann. § 2C:39-1aa. ⤴︎
  7. N.J. Stat. Ann. § 2C:58-2.5b, c. ⤴︎
  8. N.J. Stat. Ann. § 2C:58-2.4. ⤴︎
  9. N.J. Stat. Ann. § 2C:58-2a(5)(e). ⤴︎
  10. N.J. Stat. Ann. § 2C:58-2.5d. ⤴︎