ASSEMBLY, No. 3797

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED FEBRUARY 7, 2013

 


 

Sponsored by:

Assemblyman† CHARLES MAINOR

District 31 (Hudson)

 

 

 

 

SYNOPSIS

†††† Requires law enforcement to report certain firearms information to interjurisdictional electronic databases including the National Integrated Ballistics Identification Network.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning certain seized and recovered firearms and supplementing Title 52 of the Revised Statutes.

 

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

 

†††† 1.††† The Legislature finds and declares that to further provide for the public safety and the well being of the citizens of this State, and to respond to growing dangers and threats of gun violence, it is altogether fitting and proper for the law enforcement departments and agencies of this State to fully participate, through the utilization of electronic technology, in interjurisdictional information and analysis sharing programs and systems to deter and solve gun crimes.†

†††† To effectuate this objective, it shall be the policy of this State for its various law enforcement agencies to utilize fully the federal Criminal Justice Information System to transmit and receive information relating to the seizure and recovery of firearms by law enforcement, in particular the National Crime Information Center System to determine whether a firearm has been reported stolen; the Alcohol, Tobacco, Firearms, and Explosives E-Trace System to establish the identity of a firearmís first purchaser, where that firearm was purchased and when it was purchased; and the National Integrated Ballistics Identification Network to ascertain whether a particular firearm is related to any other criminal event or person.

 

†††† 2.††† Whenever a law enforcement agency seizes or recovers any firearm, the agency shall promptly enter the make, model, caliber, and serial number of that firearm into the National Crime Information Center 2000 System to determine whether that firearm was reported stolen.

 

†††† 3.††† Whenever a law enforcement agency seizes or recovers a firearm that was unlawfully possessed, used for an unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the agency as an abandoned or discarded firearm, the agency shall, as soon as may be practicable, but in no case more than 24 hours after the agency has taken possession of the firearm, enter the appropriate information relating to that firearm into the New Jersey Trace System which, as part of the federal Criminal Justice Information System, makes information relating to that firearmís first purchaser and where and when it was purchased, available to all law enforcement agencies.†

 

†††† 4.††† Whenever a law enforcement agency seizes or recovers a firearm that was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the agency as an abandoned or discarded firearm, the agency shall arrange for every such firearm that is determined to be suitable for National Integrated Ballistics Identification Network data entry and examination to be test-fired as soon as may be practicable and the results of that test-firing be forthwith submitted to the National Integrated Ballistics Identification Network to determine whether the firearm is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.

†††† Whenever a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing is related to or associated with the commission of a crime or the unlawful discharge of a firearm, the agency shall, as soon as may be practicable, submit the ballistics information to the National Integrated Ballistics Identification Network.

 

†††† 5.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill codifies current law enforcement protocols concerning certain seized and recovered firearms.

†††† Under the provisions of the bill, all New Jersey law enforcement agencies are required to report information relating to abandoned or discarded firearms they have recovered, or to firearms they have seized or recovered because those firearms were unlawfully possessed, used for an unlawful purpose, recovered from the scene of a crime, or are reasonably believed to have been used or associated with the commission of a crime to the National Crime Information Center 2000 System to determine whether that firearm has been reported stolen and to the New Jersey Trace System which, as part of the Criminal Justice Information System, makes information relating to the identity of a firearmís first purchaser, where and when it was purchased, and makes that information readily available to all law enforcement agencies.

†††† The bill also requires all New Jersey law enforcement agencies to test-fire certain seized and recovered firearms and submit the resulting ballistics information to the National Integrated Ballistic Identification Network.† The ballistics information in the network is used to determine whether the firearm is associated with or related to a crime, criminal event, or any individual associated or related to a crime or criminal event.

†††† Similarly the bill requires all law enforcement to report the ballistics information concerning any spent shell casing recovered at a crime scene to the National Integrated Ballistics Identification Network

†††† The information submitted to the National Ballistics Identification Network is a readily available tool used by law enforcement not only to solve crimes, but also to prevent and deter future criminal activity.