Bill Text: NJ A2443 | 2016-2017 | Regular Session | Amended
Bill Title: Prohibits firearm possession by persons convicted of certain offenses.*
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed - Dead) 2016-04-18 - Received in the Senate, Referred to Senate Budget and Appropriations Committee [A2443 Detail]
Download: New_Jersey-2016-A2443-Amended.html
ASSEMBLY, No. 2443
STATE OF NEW JERSEY
217th LEGISLATURE
INTRODUCED FEBRUARY 4, 2016
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Prohibits firearm possession by persons convicted of certain offenses.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on February 4, 2016, with amendments.
An Act concerning possession of a firearm and amending P.L.1979, c.179.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1979, c.179 (C.2C:39-7) is amended to read as follows:
6. Certain Persons Not to Have Weapons.
a. Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1 or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any person convicted of a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who purchases, owns, possesses or controls any of the 1[said] enumerated1 weapons is guilty of a crime of the fourth degree.
b. (1) A person having been
convicted in this State or elsewhere of the crime of aggravated assault, arson,
burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual
assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1,
endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant
to P.L.1992, c.209 (C.2C:12-10) or a crime involving domestic violence as
defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with
or having in his possession a weapon enumerated in subsection r. of
N.J.S.2C:39-1, carjacking in violation of section 1 of P.L.1993, c.221
(C.2C:15-2), gang criminality in violation of section 1 of P.L.2007, c.341
(C.2C:33-29), racketeering in violation of N.J.S.2C:41-2, terroristic threats
in violation of N.J.S.2C:12-3 1,
unlawful possession of a machine gun in violation of subsection a.
of N.J.S.2C:39-5, unlawful possession of a handgun in violation of paragraph
(1) of subsection b. of N.J.S.2C:39-5,1 or a person having been
convicted of a crime pursuant to the provisions of N.J.S.2C:35-3 through
N.J.S.2C:35-6, inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7);
N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases,
owns, possesses or controls a firearm is guilty of a crime of the second degree
and upon conviction thereof, the person shall be sentenced to a term of
imprisonment by the court. The term of imprisonment shall include the
imposition of a minimum term, which shall be fixed at five years, during which
the defendant shall be ineligible for parole. If the defendant is sentenced to
an extended term of imprisonment pursuant to N.J.S.2C:43-7, the extended term
of imprisonment shall include the imposition of a minimum term, which shall be
fixed at, or between, one-third and one-half of the sentence imposed by the
court or five years, whichever is greater, during which the defendant shall be
ineligible for parole.
(2) A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree.
(3) A person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.
c. Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section.
(cf: P.L.2003, c.277, s.3)
2. This act shall take effect immediately.
