ASSEMBLY, No. 3796
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 7, 2013
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblywoman Mosquera and Assemblyman McKeon
Provides 90-day window for persons to dispose of certain unlawfully possessed firearms.
CURRENT VERSION OF TEXT
As amended by the General Assembly on February 14, 2013.
An Act concerning the possession of certain firearms 1, high capacity ammunition magazines, and ammunition1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Any person who has in his possession a handgun in violation of subsection b. of N.J.S.2C:39-5 1[or] ,1 a rifle or shotgun in violation of subsection c. of N.J.S.2C:39-5 1, a high capacity ammunition magazine in violation of subsection j. of N.J.S.2C:39-3, or ammunition in violation of subsection f. of N.J.S.2C:39-31 on the effective date of this act may retain possession of that handgun, rifle, 1[or] ,1 shotgun 1, magazine, or ammunition1 for a period of not more than 90 days after the effective date of this act. During that time period, the possessor of that handgun, rifle, 1[or]1 shotgun 1, magazine, or ammunition1 shall:
(1) transfer that firearm 1, magazine, or ammunition1to any person lawfully entitled to own or possess it; or
(2) voluntarily surrender that firearm 1, magazine, or ammunition1 pursuant to the provisions of N.J.S.2C:39-12.
2. a. Except as provided in subsection d. of this section, any person who has in his possession an assault firearm on the effective date of this act may retain possession of that firearm for a period of not more than 90 days after the effective date. During that time period, the possessor of the assault firearm shall:
(1) transfer the assault firearm to any person lawfully entitled to own or possess such firearm;
(2) render the assault firearm inoperable; or
(3) voluntarily surrender the assault firearm pursuant to the provisions of N.J.S.2C:39-12.
b. If the person who possesses the assault firearm elects to render the firearm inoperable, the person shall file a certification on a form prescribed by the Superintendent of the State Police indicating the date on which the firearm was rendered inoperable. This certification shall be filed with either the chief law enforcement officer of the municipality in which the person resides, or in the case of a person who resides outside this State but stores or possesses an assault firearm in this State, with the Superintendent of the State Police.
c. As used in this section, “inoperable” means that the firearm is altered in such a manner that it cannot be immediately fired and that the person does not possess or have control over the parts necessary to make the firearm operable.
d. The provisions of this act shall not be applicable to any assault firearm possessed pursuant to N.J.S.2C:58-5 or registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12).
3. This act shall take effect on the 1[90th] 181st1 day after enactment and shall expire on the 1[180th] 271st1 day after enactment, but the Superintendent of State Police may take such anticipatory administrative action in advance of the effective date as shall be necessary for the implementation of the act 1, including a public information campaign to inform the general public of the amnesty program offered under the act1 .