After careful consideration of the iP1’s design, we have determined that it does not satisfy the statutory definition because, as a matter of design, the pistol may be fired by a person who is not an authorized or recognized user. That is, as long as the pistol is situated within 10 inches of the enabling wristwatch, it may be fired by anyone – the authorized user or any other person who is able to pull the trigger. While the system does incorporate a PIN code or a timer to disable the handgun, when the weapon is enabled, there is nothing in the technology which automatically limits its operational use so that it may only be fired by an authorized or recognized user (so long as the pistol is within a 10-inch proximity to the wristwatch component).
Situations may readily be envisioned in which an unauthorized individual gains access to the pistol in close enough proximity to the wristwatch component (by either maintaining possession of the pistol within 10 inches of the authorized user’s wrist on which he or she is wearing the watch, or by forcibly taking possession of the wristwatch), and therefore would be able to fire the weapon, despite the limiting technology. Accordingly, we are unable to conclude that the iP1 design meets all the elements of New Jersey’s statutory definition of a personalized handgun under N.J.S.2C:39-1(dd), and therefore its availability for retail sales purposes will not trigger the operation of N.J.S.2C:58-2.4 (requiring the promulgation of a list of personalized handguns) and N.J.S.2C:58-2.5 (prohibiting the sale of non-personalized handguns).
Some might smell a rat, and perhaps a rat was intended, but this seriously raises the bar on triggering the NJ smart gun law, and is probably a good thing for gun owners behind enemy lines. Complying with this standard will be exceedingly difficult for those who wish to impose smart guns on us, whether we want them or not.
I’ve always been of the opinion that Smart Gun technology should rise or fail depending on what the market wants, but our opponents would never allow that. As soon as the technology becomes available (In the case of New Jersey, even before!), they will do their level best to mandate it, as the Bradys have attempted here. This ruling doesn’t mean we should stop fighting Armatix. Because the antis have shown their hand, no good can come of allowing this to come to market.