ASSEMBLY, No. 1366

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman STUHLTRAGER

 

 

An Act concerning imitation firearms and amending N.J.S.2C:39-5.

 

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

 

    1. N.J.S.2C:39-5 is amended to read as follows:

    2C:39-5. Unlawful Possession of Weapons.

    a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the third degree.

    b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree.

    c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

    (2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

    d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

    e. Firearms or other weapons in educational institutions.

    (1) Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

    (2) Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.

    (3) Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

    f. Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the third degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).

    g. The temporary possession of a handgun, rifle or shotgun by a person receiving, possessing, carrying or using the handgun, rifle, or shotgun under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful possession under the provisions of subsection b. or c. of this section.

(cf: P.L.1992, c.94, s.1)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill establishes the possession of an imitation firearm on school property or a school bus as a disorderly person's offense. s offense.

    The bill adds a new paragraph (3) to subsection e. of N.J.S. 2C:39-5 which provides that any person who brings an imitation firearm in or on any part of any school, college, university or other educational institution's buildings or grounds or while on any school bus without the written permission of the governing officer of that school or institution would be guilty of a disorderly person's offense regardless of whether the person has a valid permit or firearms purchaser identification card.

    The purpose of this bill is to assist school administrators and prosecutors who currently are having difficulty in prosecuting students who bring imitation firearms to school. The primary problem under current law is that administrators and prosecutors must prosecute these students under N.J.S.2C:39-4(e) which requires they establish that the student possesses the imitation firearm "for an unlawful purpose."

    This bill would establish possession of the imitation firearm in the school, on school grounds or while on any school bus as the offense, not the student's "intent" or "reason" for possessing that imitation firearm.

    An imitation firearm is defined in N.J.S.2C:39-1 as "an object or device reasonably capable of being mistaken for a firearm."

 

 

 

Establishes possession of an imitation firearm on school property or while on any school bus as a disorderly persons offense.