ASSEMBLY, No. 3998

 

STATE OF NEW JERSEY

 

211th LEGISLATURE

 

INTRODUCED MAY 5, 2005

 

 

Sponsored by:

Assemblyman LOUIS MANZO

District 31 (Hudson)

 

 

 

 

SYNOPSIS

    Provides for forfeiture of vehicle or building where weapon was unlawfully possessed.

 

CURRENT VERSION OF TEXT

    As introduced.

 


An Act concerning forfeiture and amending N.J.S.2C:39-5.

 

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

 

    1. N.J.S.2C:39-5 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 third degree.

    b.    Handguns. 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 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.

    (1)  Any person who knowingly has in his possession any 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, 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 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.

    f.    Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the third 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. Notwithstanding the provisions of N.J.S.2C:64-1 limiting forfeiture to property used in the furtherance of unlawful activity or illegal acts, any motor vehicle, building or premise in which a violation of subsection a., b., c. or f. of this section was committed shall be subject to forfeiture. The provisions governing the forfeiture of property set forth in N.J.S.2C:64-3 through N.J.S.2C:64-7 shall be applicable to the forfeiture of a motor vehicle, building or premise as authorized in this subsection.

(cf: P.L.1997, c.375, s.2)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would authorized the forfeiture of any motor vehicle, building or premise in which a firearm was unlawfully possessed. Under current law, forfeiture actions are limited to contraband and property used to further unlawful activity or illegal acts. Under this bill, the motor vehicle, building or premise could be seized if an unlawfully possessed firearm was found within it, even if the firearm was not possessed by the owner of the motor vehicle, building or premise.