ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4974

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 20, 2025

      The Assembly Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 4974.

      As amended and reported, this bill revises the definition of machine gun to include certain conversion parts.  Under current law, a machine gun is defined as any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.  This bill clarifies that a machine gun also includes the frame or receiver of the firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.  Under current law, it is a second degree crime to possess a machine gun.  A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.

      This bill establishes the crime of possessing or selling a machine gun conversion device, which the bill defines as any device capable of converting a firearm into a machine gun.  The bill also clarifies that a person who knowingly possesses machine gun conversion devices, bump stocks, and trigger cranks but who does not possess a firearm to which those components may be affixed is guilty of a crime of the third degree.

      In addition, the bill also establishes a third degree crime of manufacturing, transporting, shipping, selling, or disposing of a machine gun conversion device.  A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. 

COMMITTEE AMENDMENTS:

The committee amended the bill to:

      1) revise the definition of machine gun under current law to include certain conversion parts;

      2) revise the definition of machine gun conversion device as defined under the bill; and

      3) clarify that a person who knowingly possesses machine gun conversion devices, bump stocks, and trigger cranks but who does not possess a firearm to which those components may be affixed is guilty of a crime of the third degree.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) finds that the bill will result in an indeterminate increase in annual State and local expenditures.  The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted, tried, and sentenced for crimes under the bill. 

      The bill’s establishment of crimes of the second and third degree would result in the following State and local agencies incurring caseload and expenditure increases: a) the Department of Law and Public Safety would provide guidance and other information related to the prosecution of the cases; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; d) the Office of the Public Defender would have to represent additional low-income criminal defendants; e) the Department of Corrections may have to house and care for more individuals in cases where the sentencing involves incarceration; and f) the State Parole Board may have to supervise the return to society of additional convicts. 

      The OLS also notes that the State may receive indeterminate revenue from fines imposed on individuals convicted of these new crimes; however, the State’s ability to collect fines has historically been limited.