Sponsored by:

Assemblyman DAVID P. RIBLE

District 30 (Monmouth and Ocean)

Assemblyman RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Assemblyman PARKER SPACE

District 24 (Morris, Sussex and Warren)

SYNOPSIS

Establishes fourth degree crime of possessing firearms locator application; enhances penalty if such application is used in theft of firearm.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning firearms locator applications 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. Any person who knowingly possesses a computer or wireless device, including but not limited to a smart phone, electronic book or tablet, mp3 player, motor vehicle electronic device, or home entertainment system, on which a firearms locator application has been installed is guilty of a crime of the fourth degree.

b. Any person who has been convicted under N.J.S.2C:20-2 for theft of a firearm and who knowingly used a firearms locator application in the commission of that theft shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term of imprisonment of three years, during which the defendant shall be ineligible for parole.

c. For purposes of this section "firearms locator application" shall mean any software application designed to run on a computer or wireless device, as specified in subsection a. of this section, which provides information as to the physical location and ownership of a firearm.

2. This act shall take effect immediately.

STATEMENT

This bill makes it a crime of the fourth degree to knowingly possess a firearms locator application. A fourth degree crime is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

The bill defines a firearms locator application as a software application designed to run on a computer or wireless device, including but not limited to a smart phone, electronic book or tablet, mp3 player, motor vehicle electronic device, or home entertainment system, which provides information as to the physical location and ownership of a firearm.

The bill also enhances the penalty for theft of a firearm if a firearms locator application is used in the theft. Theft is a crime of the third degree if the property stolen is a firearm. Third degree crimes generally are punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Under the bill, a person would serve a minimum term of imprisonment of three years during which the person would be ineligible for parole.

Recently, an application, or "app," was created and made available to smart phone users, via a free download, which allowed users to anonymously report the alleged location of firearms which were deemed to be unsafe by the user of the application. The app, called the "Geo Gun Marker," operated by way of users anonymously marking locations on a map and then providing rationale for the marking, such as alleged improper storage or training on the part of the firearms owner. Other users could then open the map and have access to the location of all of the reported firearms. The app did not require any sort of verification of the information provided, nor did it provide a way for a firearms owner to petition to be removed from the map. In addition to violating the privacy of any person whose location was marked on the map, the app also created a security risk by allowing homes with firearms to be targeted by criminals.