SENATE, No. 883
STATE OF NEW JERSEY
INTRODUCED MARCH 7, 1996
By Senator ZANE
An Act concerning assault firearms, amending various parts of the statutory law and supplementing chapter 39 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:39-1 is amended to read as follows:
2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58:
a. "Antique firearm" means any firearm and "antique cannon" means a destructive device defined in paragraph (3) of subsection c. of this section, if the firearm or destructive device, as the case may be, is incapable of being fired or discharged, or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.
b. "Deface" means to remove, deface, cover, alter or destroy the name of the maker, model designation, manufacturer's serial number or any other distinguishing identification mark or number on any firearm.
c. "Destructive device" means any device, instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one-quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber greater than 60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; (4) any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited. The term does not include any device manufactured for the purpose of illumination, distress signaling, line-throwing, safety or similar purposes.
d. "Dispose of" means to give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer possession.
e. "Explosive" means any chemical compound or mixture that is commonly used or is possessed for the purpose of producing an explosion and which contains any oxidizing and combustible materials or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects. The term shall not include small arms ammunition, or explosives in the form prescribed by the official United States Pharmacopoeia.
f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
g. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm.
h. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.
i. "Machine gun" means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.
j. "Manufacturer" means any person who receives or obtains raw materials or parts and processes them into firearms or finished parts of firearms, except a person who exclusively processes grips, stocks and other nonmetal parts of firearms. The term does not include a person who repairs existing firearms or receives new and used raw materials or parts solely for the repair of existing firearms.
k. "Handgun" means any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand.
l. "Retail dealer" means any person including a gunsmith, except a manufacturer or a wholesale dealer, who sells, transfers or assigns for a fee or profit any firearm or parts of firearms or ammunition which he has purchased or obtained with the intention, or for the purpose, of reselling or reassigning to persons who are reasonably understood to be the ultimate consumers, and includes any person who is engaged in the business of repairing firearms or who sells any firearm to satisfy a debt secured by the pledge of a firearm.
m. "Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.
n. "Shotgun" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition.
o. "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches.
p. "Switchblade knife" means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.
q. "Superintendent" means the Superintendent of the State Police.
r. "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.
s. "Wholesale dealer" means any person, except a manufacturer, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are reasonably understood not to be the ultimate consumers, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms, in furtherance of such purpose, except that it shall not include those persons dealing exclusively in grips, stocks and other nonmetal parts of firearms.
t. "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.
u. "Ballistic knife" means any weapon or other device capable of lethal use and which can propel a knife blade.
v. "Imitation firearm" means an object or device reasonably capable of being mistaken for a firearm.
w. "Assault firearm" means[:
(1) The] the following firearms:
Algimec AGM1 type
Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12"
Armalite AR-180 type
Australian Automatic Arms SAR
Avtomat Kalashnikov type semi-automatic firearms
Beretta AR-70 and BM59 semi-automatic firearms
Bushmaster Assault Rifle
Calico M-900 Assault carbine and M-900
CETME G3
Chartered Industries of Singapore SR-88 type
[Colt AR-15 and CAR-15 series]
Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types
Demro TAC-1 carbine type
Encom MP-9 and MP-45 carbine types
FAMAS MAS223 types
FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms
Franchi SPAS 12 and LAW 12 shotguns
G3SA type
Galil type
Heckler and Koch HK91, HK93, HK94, MP5, PSG-1
Intratec TEC 9 and 22 semi-automatic firearms
[M1 carbine type
M14S type]
MAC 10, MAC 11, MAC 11-9mm carbine type firearms
PJK M-68 carbine type
Plainfield Machine Company Carbine
[Ruger K-Mini-14/5F and Mini-14/5RF]
SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types
SKS with detachable magazine type
Spectre Auto carbine type
Springfield Armory BM59 and SAR-48 type
Sterling MK-6, MK-7 and SAR types
Steyr A.U.G. semi-automatic firearms
USAS 12 semi-automatic type shotgun
Uzi type semi-automatic firearms
Valmet M62, M71S, M76, or M78 type semi-automatic firearms
Weaver Arm Nighthawk
[(2) Any firearm manufactured under any designation which is substantially identical to any of the firearms listed above.
(3) A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.
(4) A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds.
(5) A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person].
x. ["Semi-automatic" means a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet.] (Deleted by amendment, P.L. , c. ) (now pending before the Legislature as this bill)
y. "Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than [15] 20 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. This term shall not include a box, drum, tube or other container originally manufactured to hold more than 20 rounds, but which has been altered to hold 20 rounds or less.
z. ["Pistol grip" means a well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.] (Deleted by amendment, P.L. , c. ) (now pending before the Legislature as this bill)
(cf: P.L.1990, c.32, s.1)
2. 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).]
(1) Any person who knowingly has in his possession an assault firearm without having registered the firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or having certified the firearm as inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) is guilty of a disorderly persons offense. Any person who knowingly has in his possession an assault firearm which he is qualified to possess and which was lawfully acquired after May 31, 1990 pursuant to a testamentary bequest or the laws of intestacy without having amended the registration pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or certification pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) is guilty of a disorderly persons offense.
(2) Except as provided in paragraph (1) of this subsection, a person who knowingly has in his possession an assault firearm without being licensed to do so as provided in N.J.S.2C:58-12, is guilty of a crime of the third degree.
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 1995, c.389, s.1)
3. 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. Any person who knowingly violates the regulatory provisions relating to manufacturing or wholesaling of firearms (section 2C:58-1), retailing of firearms (section 2C:58-2), permits to purchase certain firearms (section 2C:58-3), permits to carry certain firearms (section 2C:58-4), licenses to procure machine guns or assault firearms (section 2C:58-5), or incendiary or tracer ammunition (section 2C:58-10), except acts which are punishable under section 2C:39-5 or section 2C:39-9, is guilty of a crime of the fourth degree.
b. Any person who knowingly violates the regulatory provisions relating to notifying the authorities of possessing certain items of explosives (section 2C:58-7), or of certain wounds (section 2C:58-8) 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 knowingly 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] disorderly persons offense.
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.
(cf: P.L. 1993, c.49, s.1)
4. N.J.S.2C:58-5 is amended to read as follows:
2C:58-5. Licenses to Possess and Carry Machine Guns and Assault Firearms.
a. Any person who desires to purchase, possess and carry a machine gun or purchase and carry an assault firearm in this State may apply for a license to do so by filing in the Superior Court in the county in which he resides, or conducts his business if a nonresident, a written application setting forth in detail his reasons for desiring such a license. The Superior Court shall refer the application to the county prosecutor for investigation and recommendation. A copy of the prosecutor's report, together with a copy of the notice of the hearing on the application, shall be served upon the superintendent and the chief police officer of every municipality in which the applicant intends to carry the machine gun or assault firearm, unless, for good cause shown, the court orders notice to be given wholly or in part by publication.
b. No license shall be issued to any person who would not qualify for a permit to carry a handgun under section 2C:58-4, and no license shall be issued unless the court finds that the public safety and welfare so require. Any person aggrieved by the decision of the court in granting or denying an application, including the applicant, the prosecutor, or any law enforcement officer entitled to notice under subsection a. who appeared in opposition to the application, may appeal said decision in accordance with law and the rules governing the courts of this State.
c. Upon the issuance of any license under this section, true copies of such license shall be filed with the superintendent and the chief police officer of the municipality where the licensee resides or has his place of business.
d. In issuing any license under this section, the court shall attach thereto such conditions and limitations as it deems to be in the public interest. Unless otherwise provided by court order at the time of issuance, each license shall expire one year from the date of issuance, and may be renewed in the same manner and under the same conditions as apply to original applications.
e. Any license may be revoked by the Superior Court, after a hearing upon notice to the holder thereof, if the court finds that the holder is no longer qualified for the issuance of such a license or that revocation is necessary for the public safety and welfare. Any citizen may apply to the court for revocation of a license issued under this section.
f. A filing fee of [$75.00] $10.00 shall be required for each application filed pursuant to the provisions of this section. [Of this filing fee, $25.00 shall be forwarded to the State Treasury for deposit in the account used by the Violent Crimes Compensation Board in satisfying claims and for related administrative costs pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).]
g. Any license granted pursuant to the provisions of this section shall expire two years from the date of issuance and may be renewed in the same manner and under the same conditions as apply to original applications. [If the holder of a license dies, the holder's heirs or estate shall have 90 days to dispose of that firearm as provided in section 12 of P.L.1990, c.32 (C.2C:58-13).]
h. [If an assault firearm licensed pursuant to the provisions of this section is used in the commission of a crime, the holder of the license for that assault firearm shall be civilly liable for any damages resulting from that crime. The liability imposed by this subsection shall not apply if the assault firearm used in the commission of the crime was stolen and the license holder reported the theft of the firearm to law enforcement authorities within 24 hours of the license holder's knowledge of the theft.] (Deleted by amendment, P.L. , c. ) (now pending before the Legislature as this bill)
i. Nothing in P.L.1990, c.32 (C.2C:58-12 et al.) shall be construed to abridge any exemptions provided under N.J.S.2C:39-6.
(cf: P.L.1990, c.32, s.9)
5. Section 11 of P.L.1990, c.32 (C.2C:58-12) is amended to read as follows:
11. a. [Within 90 days of the effective date of P.L.1990, c.32 (C.2C:58-12 et al.), the Attorney General shall promulgate a list by trade name of any assault firearm which the Attorney General determines is an assault firearm which is used for legitimate target-shooting purposes. This list shall include, but need not be limited to, the Colt AR-15 and any other assault firearm used in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army.] (Deleted by amendment, P.L. , c. ) (now pending before the Legislature as this bill)
b. The owner of an assault firearm purchased on or before [May 1, 1990 which is on the list of assault firearms determined by the Attorney General to be legitimate for target-shooting purposes] May 31, 1990 shall have [one year] 18 months from the effective date of P.L.1990, c.32 (C.2C:58-12 et al.) to register that firearm. An owner of any assault firearm who, as a resident of a state other than this State, lawfully acquired and possessed an assault firearm under the laws of that other state shall register that firearm within 30 days of becoming a resident of this State. The owner shall be permitted to retain possession of the firearm for the period of 30 days after becoming a resident of this State. The firearm may be registered regardless of the date of its acquisition.
In order to register an assault firearm, the owner shall:
(1) Complete an assault firearm registration statement, in the form to be prescribed by the Superintendent of the State Police;
(2) Pay a registration fee of [$50.00] $5.00 per each assault firearm; and
(3) Produce for inspection a valid firearms purchaser identification card, a valid permit to carry handguns, or a copy of the permit to purchase a handgun which was used to purchase the assault firearm which is being registered[; and
(4) Submit valid proof that the person is a member of a rifle or pistol club in existence prior to the effective date of P.L.1990, c.32 (C.2C:58-12 et al.)].
[Membership in a rifle or pistol club shall not be considered valid unless the person joined the club no later than 210 days after the effective date of P.L.1990, c.32 (C.2C:58-12 et al.) and unless the rifle or pistol club files its charter with the Superintendent no later than 180 days following the effective date of P.L.1990, c.32 (C.2C:58-12 et al.). The rifle or pistol club charter shall contain the name and address of the club's headquarters and the name of the club's officers.]
If a person is registering an assault firearm within 30 days after becoming a resident of this State, an identification card, carry permit, or purchase permit shall not be required for its registration; however, the superintendent may require proof that the firearm was lawfully acquired and possessed under the laws of the state of which the owner was previously a resident.
The information to be provided in the registration statement shall include[, but shall not be limited to]: the name and address of the registrant; the number or numbers on the registrant's firearms purchaser identification card, permit to carry handguns, or permit to purchase a handgun; [the name, address, and telephone number of the rifle or pistol club in which the registrant is a member;] and the make, model, and serial number of the assault firearm being registered. Each registration statement shall be signed by the registrant, and the signature shall constitute a representation of the accuracy of the information contained in the registration statement.
c. For an applicant who resides in a municipality with an organized full-time police department, the registration or an amendment to the registration shall take place at the main office of the police department. For all other applicants, the registration or an amendment to the registration shall take place at any State Police station.
d. Within 60 days of the effective date of P.L.1990, c.32 (C.2C:58-12 et al.), the Superintendent shall prepare the form of registration statement as described in subsection b. of this section and shall provide a suitable supply of statements to each organized full-time municipal police department and each State Police station. The superintendent shall also determine the form to be used for an amendment to a registration statement.
e. One copy of the completed assault firearms registration statement or the amendment to the registration shall be returned to the registrant, a second copy shall be sent to the Superintendent, and, if the registration takes place at a municipal police department, a third copy shall be retained by that municipal police department. The copy of the registration statement or amendment to that statement returned to the owner of the firearm shall contain a notice explaining the provisions of subsection f. of this section.
f. [If the owner of an assault firearm which has been registered pursuant to this section dies, the owner's heirs or estate shall have 90 days to dispose of that firearm in accordance with section 12 of P.L.1990, c.32 (C.2C:58-13).] Upon the death of an owner of an assault firearm registered in accordance with this section, the heir or legatee to whom the firearm was passed by testamentary bequest or by the laws of intestacy shall have 30 days after taking possession of the firearm to amend the registration statement filed pursuant to subsection b. of this section in order to record his name and address as the new owner. The amendment to the registration shall be made in the same manner as the initial registration and a fee of $5 for each assault firearm for which an amendment is filed shall be charged. As provided in subsection j. of N.J.S.2C:58-3, a valid firearms purchaser identification card or permit to purchase a handgun shall not be required for the passing of an assault firearm nor for the amendment of the registration statement by the heir or legatee. The amendment to the registration shall be signed by the heir or legatee and the signature shall constitute a representation of the accuracy of the information in the registration statement and a representation that the heir or legatee is qualified in accordance with the provisions of N.J.S.2C:58-1 et seq. to possess a firearm.
g. [If an assault firearm registered pursuant to the provisions of this section is used in the commission of a crime, the registrant of that assault firearm shall be civilly liable for any damages resulting from that crime. The liability imposed by this subsection shall not apply if the assault firearm used in the commission of the crime was stolen and the registrant reported the theft of the firearm to law enforcement authorities within 24 hours of the registrant's knowledge of the theft.] (Deleted by amendment, P.L. , c. ) (now pending before the Legislature as this bill)
h. [Of the registration fee required pursuant to subsection b. of this section, $20.00 shall be forwarded to the State Treasury for deposit in the account used by the Violent Crimes Compensation Board in satisfying claims and for related administrative costs pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).] (Deleted by amendment, P.L. , c. ) (now pending before the Legislature as this bill)
(cf: P.L.1990, c.32, s.11)
6. Section 12 of P.L.1990, c.32 (C.2C:58-13) is amended to read as follows:
12. a. Any person who legally owns an assault firearm on [the effective date of this act] May 31, 1990 and who [is unable to register or] chooses not to register the firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) may retain possession of that firearm for a period not to exceed [one year from the effective date of this act] 18 months from the effective date of P.L.1990, c.32 (C.2C:58-12 et al). During this time period, the owner of the assault firearm shall either:
(1) Transfer the assault firearm to any person or firm lawfully entitled to own or possess such firearm;
(2) Render the assault firearm inoperable; or
(3) Voluntarily surrender the assault firearm pursuant to the provisions of N.J.S.2C:39-12.
b. (1) If the owner of an assault firearm elects to render the firearm inoperable, the owner shall file a certification on a form prescribed by the Superintendent of the State Police indicating the date on which the firearm was rendered inoperable. This certification shall be filed with either the chief law enforcement officer of the municipality in which the owner resides or, in the case of an owner who resides outside this State but stores or possesses an assault firearm in this State, with the Superintendent of the State Police.
A copy of the certification shall be provided to the owner of the firearm and that copy shall contain a statement explaining the provisions of paragraph (2) of this subsection.
(2) Upon the death of an owner of an assault firearm for which a certification has been file pursuant to this section, the heir or legatee to whom the firearm is passed by testamentary bequest or by the laws of intestacy shall have 30 days after taking possession of the firearm to amend the certification in order to record his name and address as the new owner. The amendment to the certification shall be made in the same manner as the initial certification. As provided in subsection j. of N.J.S.2C:58-3, a valid firearms purchaser identification card or permit to purchase a handgun shall not be required for the passing of an inoperable assault firearm and its certification by the heir or legatee. The amendment to the certification shall be signed by the heir or legatee and the signature shall constitute a representation of the accuracy of the information in the certification and a representation that the heir or legatee is qualified in accordance with the provisions of N.J.S.2C:58-1 et seq. to possess a firearm.
c. As used in this section, "inoperable" means that the firearm is altered in such a manner that it cannot be immediately fired and that the owner or possessor of the firearm does not possess or have control over the parts necessary to make the firearm operable.
(cf: P.L.1990, c.32, s.12)
7. (New section) An assault firearm purchased and carried in accordance with a license obtained under N.J.S.2C:58-5, registered under section 11 of P.L.1990, c.32 (C.2C:58-12) or certified under section 12 of P.L.1990, c.32 (C.2C:58-13) may be carried:
a. By a member of any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, while going to or from a place of target practice, as is necessary for the target practice, provided that the club has filed a copy of its charter with the superintendent and annually submits a list of its members to the superintendent and provided further that the firearm is carried in the manner specified in subsection g. of N.J.S.2C:39-6.
b. By a person transporting the firearm while traveling:
(1) directly to or from any target range, or other authorized place, for the purpose of practice, match, target, trap or skeet shooting exhibitions, provided in all cases that the person has complied with all the provisions and requirements of Title 23 of the Revised Statutes and any amendments thereto and all rules and regulations promulgated thereunder; or
(2) directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any firearms collectors club, for the purpose of displaying the firearms to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor complies with such reasonable safety regulations as the superintendent may promulgate.
Any firearm transported pursuant to this subsection shall be transported in the manner specified in subsection g. of N.J.S.2C:39-6.
8. (New section) Notwithstanding the provisions of chapters 39 and 58 of Title 2C of the New Jersey Statutes to the contrary, a person who is a resident of a state other than this State and who lawfully possesses an assault firearm in accordance with the laws of his state of residence may transport that firearm:
a. directly to and from a target range or other authorized place in New Jersey and carry, possess and use the firearm for the purpose of practice or match, target, trap or skeet shooting exhibitions; or
b. directly to or from any exhibition or display of firearms which is sponsored by a law enforcement agency, a rifle or pistol club, or a firearms collectors club, for the purpose of displaying the firearm to the public or to the members of the organization or club, provided, however, that not less than 30 days prior to the exhibition or display, a notice of the exhibition or display shall be given to the Superintendent of the State Police by the sponsoring organization or club, and the sponsor complies with such reasonable safety regulations as the superintendent may promulgate.
A person transporting a firearm under the provisions of this section shall at all times have in his possession proof of residency in a state other than this State and the firearms card or permit, if any, required by that state.
A firearm transported pursuant to this section shall be transported in the manner specified in subsection g. of N.J.S.2C:39-6.
9. This act shall take effect immediately.
STATEMENT
This bill amends various provisions of P.L.1990, c.32 (C.2C:58-12 et al.), a recent statutory enactment pertaining to the sale and possession of assault firearms.
Pursuant to the provisions of P.L.1990, c.32, a person in legal possession of an assault firearm as of May 1, 1990, has one year from the date of enactment (May 30, 1990) to render it inoperable or otherwise dispose of it, unless it is on a list compiled by the Attorney General. Those on the list may be kept as long as they are registered and the owner is a member of a rifle or pistol club. This bill would change current law to permit any person in possession of any assault firearm as of May 31, 1990, to register that firearm; the requirement of membership in a rifle or pistol club would be eliminated.
The bill would also extend from one year to 18 months after May 30, 1990, the period within which a person currently possessing an assault firearm has to register, render inoperable, or dispose of that firearm.
In addition, the bill makes the following changes to current law.
The current definition of "assault firearm" includes both a list of weapons by name and generic language describing an assault firearm. This bill deletes the generic language and the Ruger K-Mini-14/5F and Mini-14/5RFs from the list of named firearms. The bill would also delete from the list the Colt AR-15 and CAR-15 Series, the M1 carbine and the M14S.
The term "large capacity ammunition magazine" is defined by current law as a magazine capable of holding more than 15 rounds of ammunition. This bill redefines the term as a magazine holding more than 20 rounds of ammunition. This alteration need not be permanent.
The bill downgrades the possession of an assault firearm from a crime of the third degree to a disorderly persons offense if those who are required to register the firearm or to file a certification that it has been rendered inoperable fail to do so. It would be a crime of the third degree for any other person knowingly to possess an assault firearm without the license required under N.J.S.2C:58-5.
Subsection f. of section 2 of the bill does not recognize the possession of an assault firearm under authority of a license obtained by the owner in accordance with N.J.S.2C:58-5 as an exemption to the penalty for knowingly possessing an assault firearm. The bill corrects this error.
The bill reduces the penalty for providing false information in connection with the registration of an assault firearm from a crime of the fourth degree to a disorderly persons offense.
The bill reduces the fees for obtaining a license to purchase and possess an assault firearm and for registering an assault firearm. The bill also eliminates language dedicating a portion of those fees to the Violent Crimes Compensation Board.
The bill eliminates language permitting the owner of a stolen assault firearm to be held civilly liable for damages resulting from a crime committed with that firearm if the owner failed to report the theft within 24 hours.
The bill removes the requirement that the heir or estate of the owner of an assault firearm lawfully owned on or before May 31, 1990, dispose of the firearm within 90 days of the death of the owner, thereby permitting the heir to keep the firearm. The bill to provides a procedure by which the heir can amend the assault firearm registration statement, or the certification that the firearm has been rendered inoperable, within 30 days after taking possession of the firearm. This provision of the bill regarding registration or the certification will provide the heir with proof of ownership. The heir need not have a firearms purchaser identification card or a handgun purchase permit to keep the assault firearm, but must be otherwise qualified to possess a firearm in this State.
The bill also permits those persons who are residents of another state and who lawfully own assault firearms under the laws of that state to register and keep those firearms when they move to and become residents of New Jersey. This registration would have to be done within 30 days of moving to New Jersey and would be permitted regardless of the date of the acquisition of the firearm. For the registration, the new resident would not have to obtain a firearms purchaser identification card or a handgun purchase permit; however, the new resident would have to show proof that the firearm had been lawfully acquired and possessed under the laws of his former state of residence. In this way, new residents of this State would not have to sell their assault firearms or leave them behind when they move to New Jersey.
In addition the bill provides that an assault firearm purchased and carried in accordance with a license obtained under N.J.S.2C:58-5, registered under section 11 of P.L.1990, c.32 (C.2C:58-12) or certified under section 12 of P.L.1990, c.32 (C.2C:58-13) may be carried (1) by a member of a rifle or pistol club while going to or from target practice if the club has filed a copy of its charter with the Superintendent of the Division of State Police or (2) by a person transporting the firearm while traveling directly to or from a practice, match, target, trap or skeet shooting exhibition, or to or from any exhibition or display of firearms sponsored by a law enforcement agency, a rifle or pistol club, or a collectors club. While being transported, the firearm must be locked in a gun box or the trunk of the motor vehicle.
Finally, the bill provides an exemption to the assault firearms regulations for persons who are residents of other states and who lawfully own assault firearms under the l0ws of their state of residence. Such persons may bring these firearms to a target range or other appropriate place in New Jersey for the purpose of practice, or match, target, trap or skeet shooting exhibition. The firearms would have to be transported in a locked gun box or in the trunk of a motor vehicle.
Amends various sections of recently enacted law dealing with assault firearms.