SENATE, No. 2846

STATE OF NEW JERSEY

220th LEGISLATURE

INTRODUCED JUNE 13, 2022

 


 

Sponsored by:

Senator† NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Senator† JOSEPH P. CRYAN

District 20 (Union)

Assemblyman† JOHN F. MCKEON

District 27 (Essex and Morris)

Assemblyman† LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman† BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Senators Codey, Gill, Pou, Assemblyman Verrelli, Assemblywomen Tucker, Jasey, Park, Assemblyman Stanley, Assemblywomen McKnight and Lampitt

 

 

 

 

SYNOPSIS

†††† Upgrades certain crimes related to manufacturing firearms from third degree to second degree.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning firearms and amending N.J.S.2C:39-9.

 

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

 

†††† 1.††† N.J.S.2C:39-9 is amended to read as follows:

†††† 2C:39-9.† Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances.

†††† a.†††† Machine guns.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 of Title 2C of the New Jersey Statutes is guilty of a crime of the third degree.

†††† b.††† Sawed-off shotguns.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any sawed-off shotgun is guilty of a crime of the third degree.

†††† c.†††† Firearm silencers.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any firearm silencer is guilty of a crime of the fourth degree.

†††† d.††† Weapons.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon, including gravity knives, switchblade knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings, or, except as otherwise provided in subsection i. of this section, in the case of firearms if he is not licensed or registered to do so as provided in chapter 58 of Title 2C of the New Jersey Statutes, is guilty of a crime of the fourth degree.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions, is guilty of a crime of the fourth degree.

†††† e.†††† Defaced firearms.† Any person who defaces any firearm is guilty of a crime of the third degree.† Any person who knowingly buys, receives, disposes of or conceals a defaced firearm, except an antique firearm or an antique handgun, is guilty of a crime of the fourth degree.

†††† f.†††† (1) Any person who manufactures, causes to be manufactured, transports, ships, sell, or disposes of any armor piercing ammunition, as defined in subsection gg. of N.J.S.2C:39-1, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel, is guilty of a crime of the fourth degree.

†††† (2)†† Nothing in this subsection shall be construed to prevent a licensed collector of ammunition as defined in paragraph (2) of subsection f. of N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of this subsection from (a) any licensed retail or wholesale firearms dealer's place of business to the collector's dwelling, premises, or other land owned or possessed by him, or (b) to or from the collector's dwelling, premises or other land owned or possessed by him to any gun show for the purposes of display, sale, trade, or transfer between collectors, or (c) to or from the collector's dwelling, premises or other land owned or possessed by him to any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice; provided that the club has filed a copy of its charter with the superintendent of the State Police and annually submits a list of its members to the superintendent, and provided further that the ammunition being transported shall be carried not loaded in any firearm and contained in a closed and fastened case, gun box, or locked in the trunk of the automobile in which it is being transported, and the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

†††† g.††† Assault firearms.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of an assault firearm without being registered or licensed to do so pursuant to N.J.S.2C:58-1 et seq. is guilty of a crime of the third degree.

†††† h.††† Large capacity ammunition magazines.† Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel is guilty of a crime of the fourth degree.

†††† i.†††† Transporting firearms into this State for an unlawful sale or transfer.† Any person who knowingly transports, ships or otherwise brings into this State any firearm for the purpose of unlawfully selling, transferring, giving, assigning or otherwise disposing of that firearm to another individual is guilty of a crime of the second degree.† Any motor vehicle used by a person to transport, ship, or otherwise bring a firearm into this State for unlawful sale or transfer shall be subject to forfeiture in accordance with the provisions of N.J.S.2C:64-1 et seq.; provided however, this forfeiture provision shall not apply to innocent owners, nor shall it affect the rights of a holder of a valid lien.†

†††† The temporary transfer of a firearm shall not constitute a violation of this subsection if that firearm is transferred:

†††† (1)†† while hunting or target shooting in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1);

†††† (2)†† for shooting competitions sponsored by a licensed dealer, law enforcement agency, legally recognized military organization, or a rifle or pistol club which has filed a copy of its charter with the superintendent in accordance with the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1); or

†††† (3)†† for participation in a training course conducted by a certified instructor in accordance with the provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2).

†††† The transfer of any firearm that uses air or carbon dioxide to expel a projectile; or the transfer of an antique firearm shall not constitute a violation of this subsection.

†††† j.†††† Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of a bump stock as defined in subsection ee. of N.J.S.2C:39-1 or a trigger crank as defined in subsection ff. of N.J.S.2C:39-1 is guilty of a crime of the third degree.

†††† k.††† Purchasing firearm parts to manufacture a firearm without a serial number.† In addition to any other criminal penalties provided under law, a person who, with the purpose to manufacture or otherwise assemble a firearm and without being registered or licensed do so as provided in chapter 58 of Title 2C of the New Jersey Statutes, purchases or otherwise obtains separately or as part of a kit a firearm frame or firearm receiver which is not imprinted with a serial number registered with a federally licensed manufacturer or any combination of parts from which a firearm without a serial number may be readily manufactured or otherwise assembled, but which does not have the capacity to function as a firearm unless manufactured or otherwise assembled is guilty of a crime of the [third] second degree. †Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this subsection shall not merge with a conviction for any other criminal offense and the court shall impose separate sentences upon a violation of this subsection and any other criminal offense.

†††† As used in this subsection, "firearm frame or firearm receiver" means the part of a firearm that provides housing for the firearm's internal components, such as the hammer, bolt or breechblock, action, and firing mechanism, and includes without limitation any object or part which is not a firearm frame or receiver in finished form but is designed or intended to be used for that purpose and which may readily be made into a firearm frame or receiver through milling or other means.

†††† l.†††† Manufacturing or facilitating the manufacture of a firearm using a three-dimensional printer.† In addition to any other criminal penalties provided under law it is a [third] second degree crime for:

†††† (1)†† a person who is not registered or licensed to do so as a manufacturer as provided in chapter 58 of Title 2C of the New Jersey Statutes, to use a three-dimensional printer or similar device to manufacture or produce a firearm, firearm receiver, magazine, or firearm component; or

†††† (2)†† a person to distribute by any means, including the Internet, to a person in New Jersey who is not registered or licensed as a manufacturer as provided in chapter 58 of Title 2C of the New Jersey Statutes, digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer to manufacture or produce a firearm, firearm receiver, magazine, or firearm component.

†††† As used in this subsection: "three-dimensional printer" means a computer or computer-driven machine or device capable of producing a three-dimensional object from a digital model; and "distribute" means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not, and includes an agreement or attempt to distribute.

†††† m.†† Covert or undetectable firearms. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any covert firearm as defined in subsection hh. of N.J.S.2C:39-1 or any undetectable firearm as defined in subsection ii. of N.J.S.2C:39-1 is guilty of a crime of the [third] second degree.

†††† n.†††† Transporting a manufactured firearm without a serial number. †In addition to any other criminal penalties provided under law, a person who transports, ships, sells, or disposes of a firearm manufactured or otherwise assembled using a firearm frame or firearm receiver as defined in subsection k. of this section which is not imprinted with a serial number registered with a federally licensed manufacturer, including but not limited to a firearm manufactured or otherwise assembled from parts purchased or otherwise obtained in violation of subsection k. of this section, is guilty of a crime of the [third] second degree.

(cf: P.L.2019, c.165, s3)

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill upgrades purchasing firearm parts to manufacture a firearm without a serial number; manufacturing a firearm with a three-dimensional printer; manufacturing a covert or undetectable firearm; and transporting a manufactured firearm without a serial number from third degree crimes to second degree crimes.

†††† Under current law, it is a third degree crime for a person:

        not licensed as a manufacturer to purchase or otherwise obtain separately or as part of a kit a firearm frame or firearm receiver which is not imprinted with a serial number;

        not licensed as a manufacturer to manufacture a firearm or certain components of a firearm using a three-dimensional printer;

        to distribute to an unlicensed person, including via the Internet, digital instructions to manufacture a firearm or certain components of a firearm using a three-dimensional printer; and

        to manufacture, cause to be manufacture, transport, ship, sell or dispose of any covert firearm or undetectable firearm.

†††† The billís provisions upgrade each these offenses to second degree crimes. †A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.† A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.