STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblywomen Mosquera, Spencer, Assemblymen Schaer and Diegnan
Criminalizes purchase or possession of firearms ammunition by persons convicted of certain crimes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning purchase or possession of ammunition 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. a. A person having been convicted in this State or elsewhere of the following crimes who purchases, owns, possesses or controls firearms ammunition is guilty of a crime of the fourth degree:
(1) aggravated assault pursuant to N.J.S.2C:12-1;
(2) arson pursuant to N.J.S.2C:17-1;
(3) burglary pursuant to N.J.S.2C:18-2;
(4) escape pursuant to N.J.S.2C:29-5;
(5) extortion pursuant to N.J.S.2C:20-5;
(6) murder pursuant to N.J.S.2C:11-3;
(7) aggravated manslaughter or manslaughter pursuant to N.J.S.2C:11-4;
(8) kidnapping pursuant to N.J.S.2C:13-1;
(9) robbery pursuant to N.J.S.2C:15-1;
(10) aggravated sexual assault pursuant to N.J.S.2C:14-2;
(11) sexual assault pursuant to N.J.S.2C:14-2;
(12) bias intimidation pursuant to N.J.S.2C:16-1;
(13) endangering the welfare of a child pursuant to N.J.S.2C:24-4;
(14) stalking pursuant to P.L.1992, c.209 (C.2C:12-10);
(15) a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1;
(16) leader of a narcotics trafficking network pursuant to N.J.S.2C:35-3;
(17) maintaining or operating a controlled dangerous substance production facility pursuant to N.J.S.2C:35-4;
(18) manufacturing, distributing or dispensing controlled dangerous substances pursuant to N.J.S.2C:35-5;
(19) employing a juvenile in a drug distribution scheme pursuant to N.J.S.2C:35-6;
(20) distributing or dispensing on or near school property pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7);
(21) distributing imitation controlled dangerous substances pursuant to N.J.S.2C:35-11;
(22) possession of prohibited weapons and devices pursuant to N.J.S.2C:39-3;
(23) possession of weapons for unlawful purposes pursuant to N.J.S.2C:39-4;
(24) manufacture, transport, disposition or defacement of weapons and dangerous instruments and appliances pursuant to N.J.S.2C:39-9;
(25) disarming a law enforcement officer pursuant to subsection b. of section 1 of P.L. 1996, c.14 (C.2C:12-11);
(26) carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2);
(27) human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8);
(28) racketeering pursuant to N.J.S.2C:41-1 et seq.;
(29) producing or possessing chemical weapons, biological agents or nuclear or radiological devices pursuant to section 3 of P.L.2002, c.26 (C.2C:38-3); or
(30) terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2).
b. The provisions of this section shall not apply to a person convicted of an offense enumerated in paragraphs (22) or (23) of subsection a. of this section involving 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.
c. Notwithstanding the provisions of this section, a person who has been convicted of an offense enumerated in subsection a. of this section who receives an acquittal on appeal, an expungement, a pardon, or any other reversal of the conviction may purchase, own, possess, or control ammunition without a judicial proceeding being required.
2. This act shall take effect on the first day of the fourth month following enactment.
This bill makes it a crime of the fourth degree for a person to purchase, own, or possess ammunition if the person has been previously convicted of certain crimes. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000 or both.
Under the provisions of the bill, a conviction for any of the following crimes would bar the person from purchasing, owning, possessing or controlling firearms ammunition: aggravated assault; arson; burglary; escape; extortion; homicide; kidnapping; robbery; aggravated sexual assault; sexual assault; bias intimidation; endangering the welfare of a child; stalking; a crime involving domestic violence; leader of a narcotics trafficking network; maintaining or operating a controlled dangerous substance production facility; manufacturing, distributing or dispensing controlled dangerous substances; employing a juvenile in a drug distribution scheme; distributing or dispensing on or near school property; distributing imitation controlled dangerous substances; possession of prohibited weapons and devices; possession of weapons for unlawful purposes; manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances; disarming a law enforcement officer; carjacking; human trafficking; racketeering; producing or possessing chemical weapons, biological agents or nuclear or radiological devices, or terrorism.
The bill exempts from its provisions firearms convictions involving possession of BB guns, pellet guns, airsoft guns, and slingshots.
The bill also provides that a person who has been convicted of a disqualifying offense who subsequently receives an acquittal on appeal, an expungement, a pardon, or any other reversal of the conviction may purchase, own, possess, or control ammunition without a judicial proceeding being required.