ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 5323

STATE OF NEW JERSEY

DATED:  MARCH 20, 2025

      The Assembly Appropriations Committee reports favorably Assembly Bill No. 5323.

      As reported, this bill requires the Superintendent of State Police to inform local law enforcement in a municipality in which a person resides if that person had previously been convicted of a serious crime or had a firearms seized pursuant to a domestic violence restraining order or extreme risk protection order and attempts to purchases a firearm.  If the municipality in which the person resides does not have a municipal law enforcement agency, the superintendent would be required inform the appropriate commanding law enforcement officer with jurisdiction over the municipality.

      Current law provides that a person who is convicted of certain crimes is prohibited from purchasing, owning, possessing, or controlling a firearm or ammunition.  Specifically, it is currently a crime of the second degree for a person to purchase, own, possess, or control a firearm or ammunition if that person has been convicted of certain serious crimes, including: aggravated assault; arson; burglary; escape; extortion; homicide; kidnapping; robbery; aggravated sexual assault; sexual assault; bias intimidation; endangering the welfare of a child; stalking; a crime involving domestic violence; certain crimes related to unlawful possession of weapons; certain crimes related to controlled dangerous substances; carjacking; gang criminality; racketeering; terroristic threats; and unlawful possession of a machine gun, handgun, or an assault firearm.  Current law also provides that a person, who has had firearms seized pursuant to a domestic violence restraining order or extreme risk protection order and attempts to purchase a firearm, is guilty of a crime of the third degree. 

      A crime of the second degree is punishable by a fine of up to $150,000, imprisonment for a term of between five and 10 years, or both.  A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000 or both.

      Under the bill, if a National Instant Criminal Background Check System (NICS) reveals that a person convicted of one of these crimes attempts to purchase a firearm, the superintendent would notify a law enforcement agency having jurisdiction over that person.

FISCAL IMPACT:

      The Office of Legislative Services estimates there will be a minimal expenditure increase, if any, to the State or local law enforcement to implement the provisions of the bill.  The Office of Attorney General has informally indicated that the bill codifies current practice.