ASSEMBLY, No. 3653

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JANUARY 8, 2013

 


 

Sponsored by:

Assemblyman  ANGEL FUENTES

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Criminalizes purchasing or owning weapon if person has previous conviction of unlawful possession of weapon.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning unlawful possession of weapons and amending P.L.1979, c.179.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 6 of P.L.1979, c.179 (C.2C:39-7) is amended to read as follows:

     6.    Certain Persons Not to Have Weapons.

     a.     Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1 or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any person convicted of a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, N.J.S.2C:39-5, or N.J.S.2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 or who has been convicted of a crime pursuant to section 1 of P.L.1997, c.327 (C.2C:35-7.1), or who has been convicted of an attempt or conspiracy to commit any of the crimes enumerated in this subsection, who purchases, owns, possesses or controls any of the said weapons is guilty of a crime of the fourth degree.

     b.    (1) A person having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant to P.L.1992, c.209 (C.2C:12-10) or a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, or a person having been convicted of a crime pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6, inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4; N.J.S.2C:39-5; or N.J.S.2C:39-9, or who has been convicted of a crime pursuant to section 1 P.L.1997, c.327 (C.2C:35-7.1), or who has been convicted of an attempt or conspiracy to commit any of the crimes enumerated in this subsection, who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court.  The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole.  If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7, the extended term of imprisonment shall include the imposition of a minimum term, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.

     (2)   A person having been convicted in this State or elsewhere of a disorderly persons offense  involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree.

     (3)   A person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.

     c.     Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section.

(cf: P.L.2003, c.277, s.3)

 

     2.    This act shall take effect immediately.


STATEMENT

 

     This bill would make it a fourth degree crime for a person who has been convicted of unlawful possession of a weapon under N.J.S.2C:39-5 or distributing, dispensing, or possessing controlled dangerous substances within 500 feet public housing facilities, parks or buildings under P.L.1997, c.327 (C.2C:35-7.1) to purchase, own, possess, or control a weapon other than a firearm.  N.J.S.2C:39-5 specifically prohibits the possession of a machine gun, handgun, rifle, shotgun, assault firearm, and certain other weapons without first obtaining the required license, permit, or identification card, as appropriate.  Fourth degree crimes are punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both.

     Also under the bill, it would be upgraded to a crime of the second degree crime for a person who has been convicted of unlawful possession of a weapon under N.J.S.2C:39-5 or distributing, dispensing, or possessing controlled dangerous substances within 500 feet public housing facilities, parks or buildings under P.L.1997, c.327 (C.2C:35-7.1) to purchase, own, possess, or control a firearm.  Second degree crimes are punishable by imprisonment of five to ten years, a fine of up to $150,000, or both.

     Under current law, a person with a previous conviction of any of the following crimes in this State or another state, is prohibited from purchasing, owning, possessing, or controlling a weapon or firearm:

     ∙      aggravated assault

     ∙      arson

     ∙      burglary

     ∙      escape

     ∙      extortion

     ∙      homicide

     ∙      kidnapping

     ∙      robbery

     ∙      aggravated sexual assault

     ∙      sexual assault

     ∙      bias intimidation

     ∙      endangering the welfare of a child

     ∙      stalking

     ∙      domestic violence

     ∙      certain offenses involving controlled dangerous substances
     ∙      possession of a prohibited weapon or device

     ∙      possession of a weapon for an unlawful purpose

     ∙      illegal manufacture, transport, or defacement of weapons

     This bill adds the crime of unlawful possession of a weapon distributing, dispensing, or possessing controlled dangerous substances within 500 feet public housing facilities, parks or buildings to this list of previous convictions disqualifying persons from purchasing, owning, possessing, or controlling a weapon or firearm.  The bill also adds convictions for attempts or conspiracies of any the enumerated crimes to the list.