DATE CREATED: February 12, 2024
LAST ACTION DATE: 02/22/2024
LAST AMENDMENT DATE: 02/23/2024
PROGRESS: In Committee
BILL ID: A3789
CATEGORIES: Justice
REGION: NJ
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 this bill, any person who knowingly or recklessly violates a regulatory provision related to firearms is guilty of a crime of the fourth degree. 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 bill, a licensed dealer who sells a firearm to a person when the dealer knows or should have known 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 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.
SESSION: 2024-2025 Regular Session
VERSIONS: 1
LAST ACTION: Introduced, Referred to Assembly Judiciary Committee
ACTIONS: 1
SPONSORS: Benjie Wimberly (D)* , Verlina Reynolds-Jackson (D)*
KEYWORDS: Impose Separate Sentences, Rendered Inoperable Pursuant, Procure Machine Guns, Firearms Trafficking Offenses, Regulatory Provision Related, Expands Culpability Requirements, Licensed Dealer Knew, Mandatory Minimum Term, Assault Firearm Pursuant, Culpability Requirements