SENATE, No. 52
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator O’CONNOR
An Act concerning the purchase of certain firearms in certain cases.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Attorney General shall establish a pilot program providing for the State purchase of firearms which have been received, acquired or possessed by a person in violation of N.J.S.2C:58-3, N.J.S.2C:58-5 or subsections b. or d. of N.J.S.2C:39-3.
a. The pilot program shall be established in 10 municipalities selected by the Attorney General. In making his selection, the Attorney General shall consider:
(1) Population, with priority given to municipalities having a population in excess of 35,000, according to the 1990 federal decennial census;
(2) Crime rates; and
(3) Crimes involving the use of a firearm.
b. Under the program, the State shall compensate any person who surrenders to the appropriate State or local law enforcement agency, as prescribed by the Attorney General, a firearm that is acquired, received or possessed in violation of N.J.S.2C:58-3, N.J.S.2C:58-5 or subsections b. or d. of N.J.S.2C:39-3. The amount paid for each such firearm shall be determined by the Attorney General and may vary based upon such criteria, including the manufacturer or type of firearm, as the Attorney General may deem appropriate.
2. No person who voluntarily surrenders a firearm pursuant to the provisions of this act shall be convicted of an offense for receiving, acquiring or possessing a firearm in violation of N.J.S.2C:58-3, N.J.S.2C:58-5 or subsections b. or d. of N.J.S.2C:39-3 or, while transporting the firearm to the location where the voluntary surrender shall occur, for the unlawful transportation of a firearm in violation of subsection g. of N.J.S.2C:39-6 or subsections a., b., or g. of N.J.S.2C:39-9. Nothing in this subsection shall be construed as granting immunity from prosecution for any crime or offense except that of the unlawful possession of a firearm and that of the unlawful transportation of that firearm for the purpose of voluntary surrender.
3. The Attorney General may dispose of the firearms surrendered under the provisions of this act in the manner he deems appropriate. However, any moneys realized from the sale of surrendered firearms shall be deposited in a separate account and used exclusively for the purposes of making payments to persons surrendering firearms in accordance with the provisions of this act.
4. The Attorney General shall report annually to the Governor and Legislature on the effectiveness of the pilot program established under this act and may include within those reports such recommendations as he shall deem appropriate and necessary.
5. The Attorney General shall promulgate guidelines to effectuate the purposes of this act. Those guidelines shall include, but not be limited to, where and to whom firearms may be surrendered; the manner of surrendering of a firearm; and the amounts paid for particular firearms.
6. This act shall take effect on the first day of the fourth month following enactment and shall expire on the first day of the 37th month following the day on which this act becomes effective.
STATEMENT
This bill directs the Attorney General to establish a three-year pilot program under which the State would pay individuals who voluntarily surrender illegal and unlicensed firearms.
The program is to be established in 10 municipalities. In selecting those municipalities, the Attorney General is to consider crime rates, the number of crimes in which a firearm is used, and population, with priority given to municipalities having populations in excess of 35,000.
Individuals who voluntarily surrender illegal and unlicensed firearms in those selected municipalities would be immune from any prosecution for illegally possessing a firearm or for illegally transporting a firearm.
The bill also directs the Attorney General to promulgate guidelines setting forth where and how these firearms may be surrendered and prescribing the amount an individual is to be paid for surrendering each particular type of firearm. In addition, the bill authorizes the Attorney General to dispose of the surrendered firearms in the manner he deems appropriate. While it is assumed most of the firearms would be destroyed, this provision would permit the Attorney General to sell valuable firearms. The moneys realized from any such sales are required to be used exclusively for the purpose of providing payments for other surrendered firearms.
Finally, the bill directs the Attorney General to file annual reports with the Governor and the Legislature and to include in those reports any recommendations he may have concerning the program.
Establishes pilot program for State purchase of illegal and unlicensed firearms.