McGlone, Joseph

English

Seton Hall University Libraries

Assault Firearms-Possession, Purchase and Illegal Use-N.J. Stat.Ann. §§ 2C:39-5, 10; N.J. Stat. Ann. §§ 2C:58-4, 5 (West 1990).L.1990, c.32 is an act concerning assault firearms. It amendsvarious New Jersey statutes and supplements chapter 58 of Title2C.'Section 9 of the Act amends N.J. Stat. Ann. § 2C:58-5 (West1978), which formerly concerned licenses to possess machineguns only, to include assault firearms, as defined by section 1 ofthe Act, within its scope. A person desiring to possess an assaultweapon must submit a written application and a $75 fee to thesuperior court. The application shall set forth the reasons forwanting to possess the weapon. 4 The court must refer the appli-cation to the county prosecutor for investigation.5 The prosecu-tor's report and a notice of a hearing must be served upon thechief of police of every municipality in which the applicant in-tends to carry the assault firearm.6No license will be issued unless the court finds that the pub-lic safety and welfare requires it.7 Additionally, a license will notbe issued unless the applicant is legally qualified to carry a hand-gun under N.J. Stat. Ann. § 2C:58-4 (West 1978).8 Furthermore,the court may attach any limitations to the license that it deems inthe public's best interest.9The license expires after two years.' 0 In order to renew thelicense, the holder of the weapon must repeat the original appli-cation procedures. IAnother amendment to N.J. Stat. Ann. § 2C:58-5 (West1978) included in the Act, is a provision that holds the licenseecivilly liable for any damages resulting from a crime involving theI N.J. STAT. ANN. §§ 2C:39-5, 10 (West 190); N.J. STAT. ANN. §§ 2C:58-4, 5(West 1990).2 Id. § 9.3 Id. § 9a & f.4 Id. § 9a.5 Id.6 Id.7 Id. § 9b.8 Id.9 Id. § 9d.10 Id. § 9 g.'' Id.596ASSAULT FIREARMSassault weapon." Such liability will not be imposed if the firearmwas stolen, and the owner reported it stolen within 24 hours ofdiscovering the theft.'3Section 11 of the Act provides an exception to the licensingrequirements. If an assault firearm is on the Attorney General'slist of firearms that are used for legitimate target-shooting pur-poses, then the owner must register the weapon with the localpolice department. 14 If the owner resides in a municipality thatdoes not have a full-time police department, the registrationmust take place at a state police station.' 5Section 2 of the Act amends N.J. Stat. Ann. § 2C:39-5 (West1978) making one who knowingly possesses an assault firearmwithout a license, or knowingly possesses one which is not regis-tered in accord with section 11 of the Act, or knowingly possessesone not rendered inoperable pursuant to section 12 of the Act,guilty of a third degree crime.' 6 Section 10 of the Act makes thepossession of a large capacity ammunition magazine a fourth de-gree crime unless the person has an assault firearm validly regis-tered and the magazine is sanctioned by the Director of CivilianMarksmanship of the United States Department of the Army.'7NJ. Stat. Ann. § 2C:39-10 (West 1978) is also amended tomake a person who knowingly violates a regulatory provision re-lating to licenses to procure an assault weapon guilty of a fourthdegree crime.'" The Act also criminalizes the giving of false in-formation when applying for a license under section 9 of the Act,or when registering an assault weapon pursuant to section 11 ofthe Act.19Furthermore, section 3 of the Act makes one who manufac-tures, or causes to manufacture, transports, ships, sells or dis-poses of an assault firearm or large capacity ammunitionmagazine without proper authorization, guilty of a third andfourth degree crime respectively.2 °12 Id. § 9h.'3 Id.14 Id. § la, b, & c.15 Id. § I Ic.16 Id. § 2f.17 Id. § 10j.18 Id. § 4a.19 Id. §4c & d.20 Id. § 3g & h.1991]598 SETON HALL LEGISLATIVE JOURNAL [Vol. 15:596Finally, the Act provides for mandatory sentencing for cer-tain criminal-offenses involving assault firearms. 2' Section 6 alsocontemplates extended sentences when the defendant has beenpreviously convicted of an offense involving a firearm.22Joseph McGlone21 Id. § 6.22 Id. § 6 g.

Assault Firearms - Possession, Purchase and Illegal Use - N.J. Stat. Ann. §§ 2C:39-5, 10; N.J. Stat. Ann. §§ 2C:58-4, 5 (West 1990).

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Assault Firearms - Possession, Purchase and Illegal Use - N.J. Stat. Ann. §§ 2C:39-5, 10; N.J. Stat. Ann. §§ 2C:58-4, 5 (West 1990).

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