[Third Reprint]

SENATE, No. 2719

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED APRIL 25, 2013

 


 

Sponsored by:

Senator† DONALD NORCROSS

District 5 (Camden and Gloucester)

Senator† NIA H. GILL

District 34 (Essex and Passaic)

Senator† DIANE B. ALLEN

District 7 (Burlington)

Assemblyman† TROY SINGLETON

District 7 (Burlington)

Assemblywoman† SHEILA Y. OLIVER

District 34 (Essex and Passaic)

Assemblyman† TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman† L. GRACE SPENCER

District 29 (Essex)

Assemblywoman† SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblywoman† MARLENE CARIDE

District 36 (Bergen and Passaic)

 

Co-Sponsored by:

Senators Pou, Ruiz, Assemblywoman Watson Coleman and Assemblyman Conaway

 

 

SYNOPSIS

†††† Enhances penalties for certain firearms offenses; designated as Anti-Gun Trafficking Act of 2013.

 

CURRENT VERSION OF TEXT

†††† As reported by the Assembly Law and Public Safety Committee on June 6, 2013, with amendments.

 


An Act concerning penalties for certain firearms offenses 1, designated as The Anti-Gun Trafficking Act of 3[Act of]3 2013,1 and amending N.J.S.2C:39-9, N.J.S.2C:39-10, and P.L.1997, c.117.

 

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

 

†††† 1.††† N.J.S.2C:39-9 is amended to read as follows:

†††† 2C:39-9.† Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances. a. Machine guns.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 is guilty of a crime of the third degree.

†††† b.††† Sawed-off shotguns.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun is guilty of a crime of the third degree.

†††† c.††† Firearm silencers.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree.

†††† d.††† Weapons.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58, is guilty of a crime of the fourth degree.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions, is guilty of a crime of the fourth degree.

†††† e.††† Defaced firearms.† Any person who defaces any firearm is guilty of a crime of the third degree.† Any person who knowingly buys, receives, disposes of or conceals a defaced firearm, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

†††† f.†††† (1) Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any bullet, which is primarily designed for use in a handgun, and which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and is therefore capable of breaching or penetrating body armor and which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel, is guilty of a crime of the fourth degree.

†††† (2)†† Nothing in this subsection shall be construed to prevent a licensed collector of ammunition as defined in paragraph (2) of subsection f. of N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of this subsection from (a) any licensed retail or wholesale firearms dealer's place of business to the collector's dwelling, premises, or other land owned or possessed by him, or (b) to or from the collector's dwelling, premises or other land owned or possessed by him to any gun show for the purposes of display, sale, trade, or transfer between collectors, or (c) to or from the collector's dwelling, premises or other land owned or possessed by him to any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice; provided that the club has filed a copy of its charter with the superintendent of the State Police and annually submits a list of its members to the superintendent, and provided further that the ammunition being transported shall be carried not loaded in any firearm and contained in a closed and fastened case, gun box, or locked in the trunk of the automobile in which it is being transported, and the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

†††† g.††† Assault firearms.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of an assault firearm without being registered or licensed to do so pursuant to N.J.S.2C:58-1 et seq. is guilty of a crime of the third degree.

†††† h.††† Large capacity ammunition magazines.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel is guilty of a crime of the fourth degree.

†††† i.†††† Transporting firearms into this State for an unlawful sale or transfer.† Any person who knowingly transports, ships or otherwise brings into this State any firearm for the purpose of unlawfully selling, transferring, giving, assigning or otherwise disposing of that firearm to another individual is guilty of a crime of the second degree.† Any motor vehicle used by a person to transport, ship, or otherwise bring a firearm into this State for unlawful sale or transfer shall be subject to forfeiture in accordance with the provisions of N.J.S.2C:64-1 et seq.; provided however, this forfeiture provision shall not apply to innocent owners, nor shall it affect the rights of a holder of a valid lien.

†††† The temporary transfer of a firearm 1shall not constitute a violation of this subsection if that firearm is 3[transfered] transferred3:

†††† (1)1 while hunting [or] 1[,] or1 target shooting 1[,] in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1);

†††† (2)1 for shooting competitions sponsored by a licensed dealer, law enforcement agency, legally recognized military organization, or a rifle or pistol club which has filed a copy of its charter with the superintendent 1in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) 1; 1or

†††† (3)1 for participation in a training course conducted by a certified instructor in accordance with the provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2) 1[,] .1

†††† 1[the] The1 transfer of any firearm that uses air or carbon dioxide to expel a projectile[,] ; or the transfer of an antique firearm shall not constitute a violation of this subsection.

(cf:† P.L.2007, c.298, s.1)

 

†††† 2.††† N.J.S.2C:39-10 is amended to read as follows:

†††† 2C:39-10.† Violation of the regulatory provisions relating to firearms; false representation in applications.

†††† a.††† (1)† Except as otherwise provided in paragraph (2) and paragraph (4) of this subsection, any person who knowingly violates the regulatory provisions relating to manufacturing or wholesaling of firearms 1[(section 2C:58-1)] N.J.S.2C:58-11 , retailing of firearms 1[(section 2C:58-2)] N.J.S.2C:58-21, permits to purchase certain firearms 1[(section 2C:58-3)] N.J.S.2C:58-31 , permits to carry certain firearms 1[(section 2C:58-4)] N.J.S.2C:58-41, licenses to procure machine guns or assault firearms 1[(section 2C:58-5)] N.J.S.2C:58-51, or incendiary or tracer ammunition 1[(section 2C:58-10)] N.J.S.2C:58-101, except acts which are punishable under section 1[2C:39-5] N.J.S.2C:58-51 or section 1[2C:39-9] N.J.S.2C:58-21, is guilty of a crime of the fourth degree.

†††† (2) A licensed dealer who knowingly violates the provisions of subparagraph (d) of paragraph (5) of subsection a. of N.J.S.2C:58-2 is a disorderly person.

†††† (3) 2[If, upon review, a law enforcement agency determines that a licensed dealer knowingly and intentionally has sold, transferred, assigned, or otherwise disposed of an inordinate number of firearms that, subsequent to that sale, transfer, assignment, or disposal, have been recovered as abandoned or discarded firearms, or as firearms seized or recovered because they were unlawfully possessed, or as firearms used for an unlawful purpose, or as firearms recovered from the scene of a crime, or as firearms reasonably believed to have been used or associated with the commission of a crime, that dealerís license shall, after hearing, be revoked permanently by the State Police.]† If, upon review, a law enforcement agency determines that a licensed dealer has sold, transferred, assigned, or otherwise disposed of an inordinate number of firearms and that licensed dealer knew, or should have known, that the firearms would be used in the commission of a crime or would be transferred to a person in order for the firearms to be used for an unlawful purpose, that dealerís license shall, after a hearing, be 3permanently3 revoked 3[permanently by the State Police]3.2

†††† (4)†† A licensed dealer who sells or transfers a firearm to a person knowing that person intends to sell, transfer, assign, or otherwise dispose of that firearm to a person who is disqualified from possessing a firearm under State or federal law is guilty of a crime of the second degree.† Notwithstanding any other provisions of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum 1[18 month]1 term of imprisonment of 18 months, during which the defendant shall be ineligible for parole; provided however, if the firearm was used in the commission of a crime, the sentence imposed under this subsection shall include a mandatory minimum term of imprisonment of three years, during which the defendant shall be ineligible for parole.† Further, a person convicted under this subsection shall be permanently disqualified from 1[obtaining] holding1 a retail license under N.J.S.2C:58-2.

†††† b.††† Any person who knowingly violates the regulatory provisions relating to notifying the authorities of possessing certain items of explosives 1[(section 2C:58-7)] N.J.S.2C:58-71, or of certain wounds 1[(section 2C:58-8)] N.J.S.2C:58-81 is a disorderly person.

†††† c.††† Any person who gives or causes to be given any false information, or signs a fictitious name or address, in applying for a firearms purchaser identification card, a permit to purchase a handgun, a permit to carry a handgun, a permit to possess a machine gun, a permit to possess an assault firearm, or in completing the certificate or any other instrument required by law in purchasing or otherwise acquiring delivery of any rifle, shotgun, handgun, machine gun, or assault firearm or any other firearm, is guilty of a crime of the third degree.

†††† d.††† Any person who gives or causes to be given any false information in registering an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or in certifying that an assault firearm was rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) commits a crime of the fourth degree.

†††† e.††† Any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person who is under the age of 18 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree. Notwithstanding any other provision of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum three-year term of imprisonment, during which the defendant shall be ineligible for parole.

†††† f.†††† Unless the recipient is authorized to possess the handgun in connection with the performance of official duties under the provisions of N.J.S.2C:39-6, any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a handgun to a person who is under the age of 21 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree.

†††† g.††† Any person who knowingly gives or causes to be given any false information or knowingly engages in any other fraudulent conduct in applying for an exemption to purchase more than one handgun in a 30-day period in violation of the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4) shall be guilty of a crime of the third degree. The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this subsection.

(cf:† P.L.2009, c.186, s.3)

 

†††† 3.††† Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:

†††† 2.††† a. †A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.

†††† b.††† The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration.† Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.

†††† c.††† Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree.† The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration.† During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

†††† d.††† The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:

†††† (1)†† N.J.S.2C:11-3, murder;

†††† (2)†† N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

†††† (3)†† N.J.S.2C:11-5, vehicular homicide;

†††† (4)†† subsection b. of N.J.S.2C:12-1, aggravated assault;

†††† (5)†† subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer;

†††† (6)†† N.J.S.2C:13-1, kidnapping;

†††† (7)†† subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

†††† (8)†† subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

†††† (9)†† N.J.S.2C:15-1, robbery;

†††† (10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

†††† (11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;

†††† (12) N.J.S.2C:18-2, burglary;

†††† (13) subsection a. of N.J.S.2C:20-5, extortion;

†††† (14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;

†††† (15) N.J.S.2C:35-9, strict liability for drug induced deaths;

†††† (16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;

†††† (17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices; [or]

†††† (18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree; or

†††† (19) subsection i. of N.J.S.2C:39-9, firearms trafficking.

†††† e.††† (Deleted by amendment, P.L.2001, c.129).

(cf: P.L.2007, c.341, s.6)

 

†††† 4.††† This act shall take effect on the first day of the third month following enactment.