SENATE, No. 811

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 

 

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Establishes crime of removing federally required orange tip from toy gun; establishes crime of disguising a firearm by adding an orange muzzle tip.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

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.  Any person who removes, disguises, cloaks, covers, conceals, or masks the colored markings required on a toy, look-alike, or imitation firearm under the provisions of 15 CFR 1150.1 et seq. is guilty of a crime of the fourth degree.

     b.  Any person who alters the muzzle of a firearm by adding colored markings imitative of those required on a toy, look-alike, or imitation firearm under the provisions of 15 CFR 1150.1 et seq. is guilty of a crime of the fourth degree.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would make it a crime of the fourth degree to remove, disguise, cloak, cover, conceal, or mask the orange colored markings required on toy, look-alike, or imitation firearms.

     The bill also would make it a crime of the fourth degree to alter the muzzle of a firearm by adding colored marking imitative of those required on toy, look-alike, or imitation firearms.

     A crime of the fourth degree is punishable by a fine of up to $10,000; imprisonment for a term of up to 18 months; or both.

     Since 1989, toy manufacturers have been required under 15 CFR 1150.1 et seq. to "mark" toy guns with an orange tip.  This marking requirement has become increasingly important as manufacturers are producing toy guns with such attention to detail and design that it is difficult for even experienced law enforcement officers to differentiate between toy guns and actual firearms.  In some instances, the inability to identify a firearm as a toy or an actual firearm has led to tragedy.

     Conversely, others have added an orange tip to the muzzle of an actual firearm to mislead law enforcement officers into believing they are confronting a toy gun rather then a real one.