ASSEMBLY, No. 3815

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 11, 2013

 


 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Establishes enhanced penalties for persons who illegally sell or transfer firearms that are subsequently used in a crime.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning firearms 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.  In addition to any other penalty imposed, a person who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to another person in violation of N.J.S.2C:58-3 is guilty of a crime under this section if the purchaser, receiver or assignee of the firearm subsequently uses the firearm in the commission of a crime.  Any person who is guilty of a crime under this section shall be subject to a penalty of the same degree as the most serious crime that purchaser, receiver or assignee of the firearm committed with the firearm. 

     b.    Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction of unlawful possession of weapons under N.J.S.2C:39-5,  a conviction of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances under N.J.S.2C:39-9, or a conviction arising under the regulatory provisions relating to firearms under N.J.S.2C:39-10 or any other conviction for a crime under chapter 39 of Title 2C of the New Jersey Statutes.

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill establishes enhanced penalties for persons who knowingly sell, give, transfer, assign or otherwise dispose of a firearm to a person in violation of the permitting requirements set forth in N.J.S.2C:58-3 and which is subsequently used by that purchaser, receiver or assignee in the commission of a crime.  A person charged with a crime under this section would be subject to the same penalty as the most serious crime that purchaser, receiver or assignee of the firearm committed with the firearm. 

     Under current law (N.J.S.2C:39-10), it is a crime of the fourth degree for a person to knowingly provide a firearm to a person in violation of the permitting requirements set forth in N.J.S.2C:58-3.  This bill establishes an additional penalty if the person receiving the gun commits a crime.  A penalty under the bill's provisions would not merge with unlawful possession of weapons under N.J.S.2C:39-5, a conviction of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances under N.J.S.2C:39-9, or a conviction arising under the regulatory provisions relating to firearms under N.J.S.2C:39-10 or any other conviction for a firearms related offense under chapter 39 of Title 2C of the New Jersey Statutes.