Rules of Court · Part 3 · New Jersey
R. 3:10-9 New Jersey Rules of Court, R. 3:10-9: Notice of Intention to Proffer Affidavit Regarding Search of Firearm Permit Database, rendered as code with every cross-reference linked
Notice of Intention to Proffer Affidavit Regarding Search of Firearm Permit Database
Whenever the State intends to offer an affidavit that a defendant’s name does not appear in a firearm permit database at trial for an alleged commission of a firearms offense under Chapter 39 of Title 2C, notice of an intent to proffer that affidavit shall be conveyed to defendant at least 30 days prior to trial.
A defendant who intends to object to the admission of such affidavit into evidence shall give notice of objection within 10 days after receiving the State’s notice of intent to proffer the affidavit. Whenever a notice of objection is given, the State shall produce a witness who has knowledge and can testify to how the search of the firearm permit database was performed and the results of that search. In the event the person who conducted the search is unavailable, an individual who personally witnessed the search or re-conducted the search can be presented.
If there is no notice of objection, the affidavit shall be admitted into evidence without the need to produce a witness with knowledge of the search that was performed.
Failure to comply with the time limitations regarding the notice of objection required by this rule shall constitute a waiver of any objections to the admission of the affidavit. The time limitations set forth in this rule shall not be relaxed except upon a showing of good cause.
For purposes of this rule, “affidavit” includes a certification in lieu of oath pursuant to Rule 1:4-4(b).
Note: Adopted August 4, 2023 to be effective September 1, 2023.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:10-9 "Notice of Intention to Proffer Affidavit Regarding Search of Firearm Permit Database" {
Whenever the State intends to offer an affidavit that a defendant’s name does not appear in a firearm permit database at trial for an alleged commission of a firearms offense under Chapter 39 of Title 2C, notice of an intent to proffer that affidavit shall be conveyed to defendant at least 30 days prior to trial.
A defendant who intends to object to the admission of such affidavit into evidence shall give notice of objection within 10 days after receiving the State’s notice of intent to proffer the affidavit. Whenever a notice of objection is given, the State shall produce a witness who has knowledge and can testify to how the search of the firearm permit database was performed and the results of that search. In the event the person who conducted the search is unavailable, an individual who personally witnessed the search or re-conducted the search can be presented.
If there is no notice of objection, the affidavit shall be admitted into evidence without the need to produce a witness with knowledge of the search that was performed.
Failure to comply with the time limitations regarding the notice of objection required by this rule shall constitute a waiver of any objections to the admission of the affidavit. The time limitations set forth in this rule shall not be relaxed except upon a showing of good cause.
For purposes of this rule, “affidavit” includes a certification in lieu of oath pursuant to Rule 1:4-4(b).
Note: Adopted August 4, 2023 to be effective September 1, 2023.
}
referenced_by: 3:23-7
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02← R. 3:10-8 · chapter 3:10 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.