LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 4975
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: MARCH 20, 2025
SUMMARY
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Synopsis: |
Establishes crime of possessing digital instructions to illegally manufacture firearms and firearm components. |
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Types of Impact: |
Annual State expenditure and revenue increases; annual local expenditure increase. |
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Agencies Affected: |
Department of Law and Public Safety; County Prosecutors; the Judiciary; Office of the Public Defender; Department of Corrections; State Parole Board. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
Annual |
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State Cost Increase |
Indeterminate |
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State Revenue Increase |
Indeterminate |
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Local Cost Increase |
Indeterminate |
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· 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 a crime of the fourth 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 the new crime; however, the State’s ability to collect fines has historically been limited.
BILL DESCRIPTION
This bill establishes the crime of possessing digital instructions that may be used to program a three-dimensional printer to manufacture or produce a firearm, firearm receiver, magazine, or firearm component. Under the bill, a person who is not licensed or registered to manufacture firearms and knowingly possesses firearm digital instructions is guilty of a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.
Under current law, it is a crime to utilize digital instructions to illegally manufacture a firearm using a three-dimensional printer. However, New Jersey has not specifically banned possession of the printing plans to create ghost guns and gun parts with three-dimensional printers. This bill implements Recommendation 2 of the State Commission of Investigation’s 2024 report Illegal Firearms Use & Trends in New Jersey.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The 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 a crime of the fourth 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 State may receive indeterminate revenues from fines imposed; however, the State’s ability to collect fines has historically been limited.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. Generally, a presumption of non-incarceration applies to first-time offenders of crimes of the fourth degree. The OLS notes that to the extent the bill results in additional incarcerations, the Department of Corrections would incur those costs. Based on information provided by the department, the FY 2024 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, with an average marginal cost of housing one additional incarcerated person, accounting for food, clothes and wages, of $11.39.
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Section: |
Judiciary |
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Analyst: |
Senior Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).