STATEMENT TO

[First Reprint]

SENATE, No. 809

with Senate Floor Amendments

(Proposed By Senator SWEENEY)

ADOPTED: OCTOBER 23, 2008

      Senate Bill No. 809 (1R) authorizes nonprofit, charitable, tax exempt organizations to sponsor firearms auctions for fund raising purposes.  The bill outlines the procedural responsibilities and duties of the sponsoring organizations and the participating licensed firearms dealers.

      These Senate amendments further refine and prescribe those procedural responsibilities and duties.

      For example, the bill, as reported by the committee, required that all firearms being auctioned must remain under the control and in the possession of the licensed dealer.   These amendments specify that the auctioned firearms also must be secured to ensure that they cannot be removed from the site.

      In addition, the amendments:

      (1) mandate that if more than 15 firearms are to be auctioned, the organizers first must secure the written permission of the Superintendent of State Police;

      (2) require that all auctioned firearms be identified by their make, model, caliber and manufacturer’s number and that this information be provided to the superintendent at some time prior to the date of the auction;

      (3) prohibit the placing of a price tag on any firearm being auctioned;

      (4) direct the superintendent to promulgate governing guidelines to ensure the safety and security of all those attending and participating in a firearms auction;

      (5) make the sponsors of these firearms auctions subject to fine of not less than $250 or more than $1,000 if they fail to provide each participating firearms dealer with a copy of the superintendent’s guidelines at least 14 days before the day of the auction; and

      (6) provide that violators are guilty of a disorderly persons offense.