SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 1425

with committee amendments

STATE OF NEW JERSEY

DATED:  FEBRUARY 8, 2024

      The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 1425.

     As amended and reported by the committee, this bill expands the culpability requirements for firearms trafficking offenses and violations of regulatory provisions relating to firearms. 

     Under current law, any person who knowingly violates a regulatory provision related to firearms is guilty of a crime of the fourth degree.  Under the amended bill, any person who knowingly or recklessly violates a regulatory provision related to firearms is guilty of a crime of the fourth degree.

     Under N.J.S.2C:2-2, a person acts recklessly when he consciously disregards a substantial and unjustifiable risk which exists or will result from his conduct.  The risk must be of such nature and degree that, considering the nature and purpose of the person’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would exercise in the same situation.

     Further, current law also provides that a licensed dealer who sells a firearm to a person when the dealer knows that the person intends to sell, transfer, assign, or otherwise dispose of that firearm to a person who is disqualified from possessing a firearm under State or federal law is guilty of a crime of the second degree and permanently disqualified from holding a retail license.

     Under the amended bill, a licensed dealer who sells a firearm to a person when the dealer knows or reasonably should know that the person intends to sell, transfer, assign, or otherwise dispose of that firearm to a person who is disqualified from possessing a firearm under State or federal law is guilty of a crime of the second degree and permanently disqualified from holding a retail license.

     Under the amended bill, “reasonably should know” means that a person reasonably should know a fact when, under the circumstances, a person of reasonable prudence and competence would ascertain or know the fact.

      This bill was prefiled for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amended the bill to provide that “reasonably should know” means that a person reasonably should know a fact when, under the circumstances, a person of reasonable prudence and competence would ascertain or know the fact.