ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 5453

STATE OF NEW JERSEY

DATED:  JUNE 13, 2019

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 5453.

This bill establishes certain criminal penalties for firearm trafficking, which is the diversion of firearms from lawful commerce into the illegal market.  Specifically, the bill penalizes purchasing or possessing a firearm for the purpose of transferring it another person who is disqualified under State of federal law from receiving of possessing that firearm.  In addition, the bill establishes criminal penalties for selling a firearm to another person who has been previously convicted of a crime of confined for a mental disorder. 

Acting as a Firearm Straw Purchaser or Utilizing a Firearm Straw Purchaser

     Under the bill, it would be crime to knowingly purchase, or attempt or conspire to purchase a firearm at the request, order, or demand of another person, knowing or having reasonable cause to believe that, or in reckless disregard of whether, the other person is disqualified from purchasing or possessing a firearm under State or federal law or the laws of any other state.  It also would be a crime to knowingly purchase, or attempt to purchase a firearm for the purpose of selling or transferring the firearm to another person, knowing or reasonably believing or with reckless disregard of whether that the other person is disqualified from purchasing or possessing a firearm under State or federal law or the laws of any other state.  The bill also establishes a crime of soliciting, hiring, engaging, demanding, or ordering another person to purchase, or attempt or purchase, any firearm for the purpose of selling or transferring it to him or to a third party, knowing or having reasonable cause to believe or with reckless disregard of whether the person to whom the firearm is to be transferred is disqualified from purchasing or possessing a firearm under State or federal law or the laws of any other state. 

     A person who commits these offenses would be guilty of a crime of the second degree.  However, the bill provides that an offender would be guilty of a crime of first degree if the violation involves a purchase or attempt to purchase more than five long guns, or more than one handgun, assault weapon, or machine gun.  The bill defines “long gun” as a firearm as defined by N.J.S.2C:39-1 that does not constitute a handgun, assault firearm, or machine gun.     The bill also allows the court to impose a fine that would not exceed $500,000 or five times the value of the firearms involved, whichever is greater.

     The bill allows a trier of fact to infer that the defendant had the requisite knowledge or intent to commit or attempt to commit the crime if: 

     (1)   the defendant or the person to whom the firearm was to be transferred was a member of a criminal street gang; 

     (2)   the defendant did not comply with the statutory or regulatory requirements for the sale of a firearm;

     (3)   the transfer of the firearm took place or was planned to take place within 45 days of the defendant’s purchase and receipt of the firearm, the defendant sold three or more firearms to the other person within a one-year period, or the defendant received compensation for the sale of the firearm to the other person that was substantially more than the fair market value of the firearm;   

     (4)   the defendant and the person to whom the sale or transfer was made were introduced by or had made contact, or attempted to make contact, with each other through a third person who the defendant knew or reasonably believed was a member of a criminal street gang; or 

     (5)   the defendant provided false information in the application or purchase process.

Possessing a Firearm with the Intent to Unlawfully Transfer

     The bill also establishes a crime of possessing a firearm with the intent to sell or transfer it to another who he knows or has reason to believe is not authorized under law to purchase or possess the firearm.  A person would be guilty of a crime of the fourth degree if the offense involves one long gun.  It would be a third degree crime  if the offense involved more than one but less than 10 long guns or one handgun.  It would be a crime of the second degree if the offense involves 10 or more long guns, two or more handguns, one or more assault firearms, or one or more machine guns.  

Unlawfully Selling or Transferring a Firearm to a Disqualified Person

     The bill establishes a crime of selling a firearm to a person who had previously been convicted of a crime or confined for a mental disorder.  Under the bill, it is a crime to sell or transfer, or attempt to sell or transfer a firearm to another person who the transferor knows or reasonably believes has been convicted of a crime or confined for a mental disorder and the recipient of the firearm, in fact, has been convicted of a crime or confined for a mental disorder and does not first exhibit a valid permit to purchase a handgun or a firearms purchaser identification card. 

     The bill establishes an affirmative defense if person to whom the firearm was to be transferred presented a permit or firearms purchaser identification card to the defendant that reasonably appeared to be valid, and defendant complied in a timely manner with all statutory and regulatory requirements regarding the sale of firearms.

     The bill allows a trier of fact to infer that the defendant defendant had the requisite knowledge or belief:

     (1)   that the person to whom the firearm was to be transferred had a criminal conviction if the defendant or that person was a member of a criminal street gang.

     (2)   if the defendant received compensation for the sale of the firearm to the other person that was more than twice the fair market value of the firearm; did not ask the person to produce a permit to purchase a handgun, a firearms identification card, or official proof of identification; and did not provide a receipt or other documentation regarding the sale to the other person; or

     (3)   if the defendant and the recipient or attempted recipient of the firearm had made or attempted to make contact with each other, or were introduced to each other, through a third person that the defendant knew was a member of a criminal street gang or who had a prior criminal conviction.

     Under the bill, the crime of unlawfully transferring a firearm to a disqualified person would be a crime of the second degree.  However, an unlawful transfer would be a crime of the first degree if the transfer involved five or more long guns, more than one handgun, or one or more assault weapons or machine guns. 

Third Party Disclosure Statement

     The bill requires a person who applies for a permit to purchase a handgun or a firearms purchaser identification card, and a person purchasing a firearm or firearm ammunition to certify in a written document under penalty of perjury, on a form to be prescribed by the superintendent, whether a firearm or ammunition to be purchased is intended to be transferred to a third party, and the name and address of that third party, if known.  The written certification would not apply to temporary transfers of firearms or ammunition pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1), section 1 of P.L.1997, c.375 (C.2C:58-3.2), or section 14 of P.L.1979, c.179 (C.2C:58-6.1).