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US: UPDATED - New Jersey to ban laser pointer sales above 1 mW
20 Aug 2013 -- Categories: Bans & Restrictions | Laws | Updated story | Ways to reduce incidents | SLA news
A bill to ban the sale of laser pointers over 1 mW has passed the New Jersey General Assembly and Senate, and is awaiting Governor Chris Christie’s signature. The bill, A3169/S418, passed the state Senate on August 19 2013 by a vote of 36-1. It had previously passed the General Assembly on June 24 2013 by a vote of 70-7, with one abstention.
The bill was first submitted in November 2010, in response to ongoing problems in Ocean City, N.J. and other beach resort towns where widespread laser pointer sales in boardwalk shops were leading to harassment incidents and aircraft illuminations.
As passed, the bill states that “No person shall sell or offer to sell a laser pointer that exceeds one milliwatt in output power.” A pointer is further defined as “any device that emits laser light to project a beam that may be used for aiming, targeting or pointing out features.”
The penalty is a civil fine of up to $500 for the first offense, and up to $1000 for each subsequent offense. There are two exemptions: for laser pointers intended to be affixed to a firearm, and for a laser pointer used by or under the supervision of a N.J. licensed healthcare practitioner.
If signed in August 2013 by Gov. Christie, it would take effect December 1 2013.
From CBS New York and New Jersey 101.5. The bill’s legislative history and text is available on the New Jersey Legislature website; use the “Bill Search” feature to search the 2012-2013 legislative session for the keyword “laser”.
UPDATED - October 17 2013: The bill was vetoed on October 17 by Governor Christie. In a statement, he noted that the bill would have gone “well beyond” the federal government’s 5 milliwatt limit for laser pointers. He said there was no criminal use of lasers between 1 and 5 mW in New Jersey. Christie indicated the bill was “arbitrary” and interfered with lawful commerce of pointers typically used in business presentations. The full text of Christie’s veto message is here.
Related LaserPointerSafety.com news stories about Ocean City and New Jersey laser troubles
The bill was first submitted in November 2010, in response to ongoing problems in Ocean City, N.J. and other beach resort towns where widespread laser pointer sales in boardwalk shops were leading to harassment incidents and aircraft illuminations.
As passed, the bill states that “No person shall sell or offer to sell a laser pointer that exceeds one milliwatt in output power.” A pointer is further defined as “any device that emits laser light to project a beam that may be used for aiming, targeting or pointing out features.”
The penalty is a civil fine of up to $500 for the first offense, and up to $1000 for each subsequent offense. There are two exemptions: for laser pointers intended to be affixed to a firearm, and for a laser pointer used by or under the supervision of a N.J. licensed healthcare practitioner.
If signed in August 2013 by Gov. Christie, it would take effect December 1 2013.
From CBS New York and New Jersey 101.5. The bill’s legislative history and text is available on the New Jersey Legislature website; use the “Bill Search” feature to search the 2012-2013 legislative session for the keyword “laser”.
UPDATED - October 17 2013: The bill was vetoed on October 17 by Governor Christie. In a statement, he noted that the bill would have gone “well beyond” the federal government’s 5 milliwatt limit for laser pointers. He said there was no criminal use of lasers between 1 and 5 mW in New Jersey. Christie indicated the bill was “arbitrary” and interfered with lawful commerce of pointers typically used in business presentations. The full text of Christie’s veto message is here.
Related LaserPointerSafety.com news stories about Ocean City and New Jersey laser troubles
- August 26 2010: Ocean City officials discuss city-wide ban on laser pointers after summer incidents.
- November 22 2010: State senate bill 2430 is introduced in November 2010 to ban laser pointers above 1 milliwatt.
- June 8 2011: Man buys laser in Ocean City, points it at helicopter, and is almost immediately arrested.
- June 11 2011: Residents report harassment; voluntary sales ban is not working.
- June 24 2011: Unanimous vote on the initial measure to ban Ocean City laser pointer sales and possession.
- July 14 2011: Unanimous vote on the “second reading” to make the Ocean City ban official.
- April 16 2013: North Wildwood NJ bans sale and possession of laser pointers above 1 mW.
- August 20 2013: New Jersey state legislature passes bill to ban laser pointer sales above 1 mW; sends bill to Governor for signature.
- October 17 2013: Governor Chris Christie vetoes bill to ban laser pointer sales, saying the 1 mW power limit was “arbitrary” and there was no criminal use of lasers between 1 mW and the federal limit of 5 mW in New Jersey.