A4502

An Act concerning firearm possession and amending N.J.S.2C:58-5 and P.L.1983, c.229.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:58-5 is amended to read as follows:

2C:39-5. Unlawful possession of weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree.

b. Handguns. (1) Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the second degree. (2) If the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person it is a crime of the third degree.

c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

e. Firearms or other weapons in educational institutions and other venues.

(1) Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any public or private daycare center, or any other educational facility serving young children, school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

(2) Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any public or private daycare center or any other educational facility serving young children, school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.

(3) Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

(4) Any person who knowingly has in the person’s possession a firearm in or upon the following venues is guilty of a crime of the fourth degree irrespective of whether the person possesses a valid permit to carry a firearm issued pursuant to N.J.S.2C:58-4:

(a) any part of the buildings or grounds of a privately or publicly owned and operated entertainment facility within this State, including but not limited to a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games, or contests are held;

(b) any part of the buildings or grounds of a health care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), including but not limited to a hospital, nursing home, or other similar residential facility or a provider of services for the care, support, and treatment of individuals;

(c) any part of the buildings or grounds of a building or portion of a building owned, leased, or operated by a government entity including, but not limited to, polling places, courthouses, law enforcement stations and offices;

(d) the grounds of a park, recreation facility or area or playground owned or controlled by a State, county, or local government unit;

(e) a youth sports events as defined in section 1 of P.L.2002, c.74 (C.5:17-1) during and immediately preceding and following the event;

(f) a publicly owned or leased library or museum;

(g) any bar, restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises;

(h) any site or facility where cannabis is sold for consumption on the premises;

(i) any place of worship, including but not limited to a church, mosque, or synagogue, used primarily as a place of public or private worship on a permanent basis by a recognized and established religious sect or denomination registered as a not-for-profit organization pursuant to the United States Internal Revenue Code, 26 U.S.C. s.501 (c)(3); and

(j) any public transit vehicle or facility, which shall include any rail car, locomotive, motor vehicle, boat, ferry and other marine vehicles, or aircraft that provides passenger service to the general public and any area, place, building, or other structure designed to provide rail passenger service, motorbus regular route service, paratransit service, motorbus charter service, air passenger service, or marine passenger service to the general public.

f. Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the second degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12); or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13).

g. (1) The temporary possession of a handgun, rifle or shotgun by a person receiving, possessing, carrying or using the handgun, rifle, or shotgun under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful possession under the provisions of subsection b. or c. of this section.

(2) The temporary possession of a firearm by a person receiving, possessing, carrying or using the firearm under the provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2) shall not be considered unlawful possession under the provisions of this section.

h. A person who is convicted of a crime under subsection a., b., f. or j. of this section shall be ineligible for participation in any program of intensive supervision; provided, however, that this provision shall not apply to a crime under subsection b. involving only a handgun which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

i. A person convicted of violating subsection a., b. or f. of this section shall be sentenced by the court to a term of imprisonment, which shall include the imposition of a minimum term during which the defendant shall be ineligible for parole, if the court finds that the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies. The minimum term of parole ineligibility shall be fixed at five years. The sentencing court shall make a finding on the record as to whether the aggravating circumstance set forth in paragraph (5) of subsection a. of N.J.S.2C:44-1 applies, and the court shall presume that there is a substantial likelihood that the defendant is involved in organized criminal activity if there is a substantial likelihood that the defendant is a member of an organization or group that engages in criminal activity. The prosecution at the sentencing hearing shall have the initial burden of producing evidence or information concerning the defendant's membership in such an organization or group.

j. A violation of subsection a., b., c. or f. of this section by a person who has a prior conviction of any of the crimes enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2) is a first degree crime.

(cf: P.L.1990, c.32, s.9)

2. Section 1 of P.L.1983, c.229 (C.2C:39-14) is amended to read as follows:

1. a. Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or destructive device, or technique capable of causing injury or death to a person, knowing or having reason to know or intending that it will be employed for use in, or in furtherance of, an illegal activity is guilty of a crime of the second degree.

b. Any person who assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or destructive device, or technique capable of causing injury or death to a person, intending to unlawfully employ it for use in, or in furtherance of, an illegal activity is guilty of a crime of the second degree.

c. Any person who knowingly possesses a firearm during a public demonstration is guilty of a crime of the fourth degree, irrespective of whether the person possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

d. As used in this section:

“Public demonstration” means a procession, gathering, or an assemblage of persons in a public place, where the gathering is in pursuit of a common purpose of demonstrating support for, or opposition to, a person, matter, issue, or thing.

(cf: P.L.1988, c.76, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill establishes certain sensitive locations in which the possession of a firearm is prohibited, regardless of whether the person possessing the firearm has been issued a permit to carry a handgun. The bill also clarifies that a public or private daycare center or any other educational facility serving young children are educational institutions upon which possession of a firearm is a third degree crime.

Under the bill, it would be a crime of the fourth degree to possess a firearm in or upon any of the following venues:

· any part of the buildings or grounds of a health care facility licensed by the Department of Health, including but not limited to a hospital, nursing home, or other similar residential facility or a provider of services for the care, support and treatment of individuals;

· any part of the buildings or grounds of a building or portion of a building owned, leased, or operated by a government entity including, but not limited to, polling place, courthouses, law enforcement stations and offices;

· the grounds of a park, recreation facility or area or playground owned or controlled by a State, county, or local government unit;

· a youth sports events during and immediately preceding and following the event;

· a publicly owned or leased library or museum;

· any bar, restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises;

· any site or facility where cannabis is sold for consumption on the premises;

· any public demonstration, which the bill defines as a procession, gathering, or an assemblage of persons in a public place, where the gathering is in pursuit of a common purpose of demonstrating support for, or opposition to, a person, matter, issue, or thing;

· any place of public worship; and

· any public transit vehicle or facility.

Under current law, a crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. Third degree crimes are punishable by up to five years imprisonment, a fine of up to $15,000, or both.

This bill is in response to the United States Supreme Court decision in New York State Rifle & Pistol Association v Bruen, which establishes that states cannot deny permits to carry a handgun to otherwise-qualified citizens who fail to show that they have the “proper cause” to carry a handgun. New Jersey law relies on a similar standard, considering whether an applicant has a “justifiable need,” in determining whether to issue a permit to carry a handgun. However, the decision in Bruen recognizes that prohibitions on carrying of firearms in sensitive places may be consistent with the Second Amendment. This bill enumerates sensitive places in which possession of a firearm is prohibited regardless of whether a person has a valid permit to carry a handgun.