Sponsored by:

Senator JOHN F. MCKEON

District 27 (Essex and Passaic)

SYNOPSIS

Establishes crime of possessing firearm during public demonstration for purpose of causing civil disorder.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning possession of firearms and amending P.L.1983, c.229.

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

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

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 for the purpose of causing civil disorder is guilty of a crime of the third 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:

"Civil disorder" means a public disturbance involving acts of violence by assemblages of two or more persons which creates a risk of imminent danger to the public health, safety, or welfare or causes bodily injury, serious bodily injury, or death.

"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, or thing.

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

2. This act shall take effect immediately.

STATEMENT

This bill establishes a third degree crime of knowingly possessing a firearm during a public demonstration for the purpose of causing civil disorder. Under the bill, a person may be found guilty of the crime irrespective of whether the person possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

The bill defines "civil disorder" as a public disturbance involving acts of violence by assemblages of two or more persons which creates a risk of imminent danger to the public health, safety, or welfare or causes bodily injury, serious bodily injury, or death. "Public demonstration" is defined by the bill as a procession, gathering, or assembly 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, or thing.

A third degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both.