2 Big NJ Laws Take Effect Now

Two big New Jersey bills took effect on Sunday. And they could have a big impact on your personal and financial safety and security.

One new law that took effect on Sunday, Sept. 1 will allow individuals to go to court to prevent a person who is mentally unstable from buying or possessing a gun.

Gov. Phil Murphy signed the legislation last year as part of a package of gun safety bills that make New Jersey among the states with the strongest and most formidable gun laws in the nation.

More than 2,000 shootings occur annually in New Jersey, with around 500 firearm-related deaths each year, he said. "Firearm-related violence costs the state’s economy approximately $1.2 billion annually, and directly costs taxpayers nearly $275 million," he said.

“I’m proud to sign this series of common-sense gun safety bills into law to protect our children and families from the reckless dangers of gun violence, something the federal government has failed to do on behalf of its residents,” said Murphy. “By setting these higher standards for gun safety, New Jersey continues to bolster its reputation as a national leader on this critical social and public health issue."

The other law that took effect will require people to be notified when an expanded list of personal information and data – such as email addresses – are breached.

Here is what each bill does:

Gun bill

The legislation known as the Extreme Risk Protective Order Act of 2018 authorizes New Jersey courts to issue gun violence protective orders to individuals who pose a significant risk of personal injury to themselves or others by possessing or owning a firearm.

The protective orders prohibit the person who the order is filed against from securing or possessing any permit or license allowing firearm possession during a "protective-order period." Anyone who loses their gun has 45 days to file an appeal once an order is granted.

Here's what the bill also does:

• The bill also makes it a fourth-degree crime for a person to purposely or knowingly violate any provision of an extreme risk protective order.
• The bill also authorizes courts to issue a warrant authorizing a law enforcement officer to seize a firearm from a person who has been issued a gun violence restraining order.
• Specifically, the bill authorizes any person, including family members or friends, to submit an application to the court setting forth the facts and circumstances necessitating the issuance of a gun violence restraining order.
• The court issues the restraining order if it finds, based upon the applicant’s sworn and signed affidavit and other information received, that the person poses a significant risk of personal injury to himself or others by possessing a firearm.
• The bill defines a gun violence restraining order as a court order prohibiting a person from owning, purchasing, possessing or receiving any firearms for a period of up to one year.
• The court also is authorized to seize a firearm if there is probable cause to believe that a person who has been issued a gun violence restraining order possesses or owns a firearm.
• The bill also allows the court to hold an appeal hearing within 14 days of the execution of a gun violence restraining order and firearm seizure warrant.
• If a law enforcement agency has probable cause to believe that a person subject to a gun violence restraining order continues to pose a significant risk of personal injury to himself or others by possessing a firearm, the agency may initiate a request for a renewal of the order.

Data breach

Legislation sponsored by Assemblyman Jay Webber (S52/A3245) that took effect Sunday protects consumers by expanding a list of breaches requiring notification. That data would be more online-oriented – but no less important – information, lawmakers said.

Any breach now will require notification if it involves user names, email addresses and any identifying information that can be used with a password or security question to access an online account. Driver’s license and social security numbers, account numbers and credit or debit card numbers were already included.

“Digital security breaches can result in financial loss or identity theft for innocent victims just as much as breaches concerning traditional tools of identity theft,” said Webber, R-Morris. “Customers should be informed of any breach that threatens their online accounts as soon as it is discovered to allow them to change passwords and monitor accounts for fraudulent activity. Online customers rightfully expect their personal and financial data to be protected, and this new law will help meet that expectation.”

More than 5 billion records were exposed by breaches in 2018, according to a report released in February by security intelligence vendor Risk Based Security.

Recently, Marriott announced that more than a half million customer accounts were exposed to hackers. Last year, customer data was compromised at Uber, Facebook, Dunkin’ Donuts, British Airwaves and T-Mobile.