ASSEMBLY, No. 3855

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED FEBRUARY 21, 2013

 


 

Sponsored by:

Assemblyman  TROY SINGLETON

District 7 (Burlington)

Assemblywoman  SHEILA Y. OLIVER

District 34 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Enhances penalty for failure to report loss or theft of firearm that subsequently is used in a crime.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning certain firearms and amending P.L.2007, c.299.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.2007, c.299 (C.2C:58-19) is amended to read as follows:

     1.    The legal owner of a firearm,  upon discovering that the firearm is lost or stolen, shall report the loss or theft within 36 hours to the chief law enforcement officer of the municipality in which the loss or theft occurred or, if the municipality does not have a local police force, to the Superintendent of State Police.

     [A] Except as otherwise hereinafter provided, a person who violates the provisions of this section shall be liable to a civil penalty of not less than $500 for a first offense, and not less than $1,000 for any second or subsequent offense.  The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     If the legal owner fails to report a lost or stolen firearm in accordance with the provisions of this section, and that firearm subsequently is used in the commission of a crime, the owner is guilty of a crime of the fourth degree.

(cf: P.L.2007, c.299, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     The bill enhances the penalty for failing to report a stolen or lost firearm in certain instances.

     Under current law, the legal owner of a firearm who fails to report the loss or theft of that firearm within 36 hours is subject to a civil penalty of not less than $500 for a first offense and not less than $1,000 for any subsequent offense.

     This bill would make it a crime of the fourth degree if the legal owner of a firearm fails to report the loss or theft of that firearm within 36 hours and the firearm is subsequently used in the commission of a crime.