An Act concerning certain retail firearms dealers and amending N.J.S.2C:39-10.

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

1. N.J.S.2C:39-10 is amended to read as follows:

2C:39-10. Violation of the regulatory provisions relating to firearms; false representation in applications.

a. (1) Except as otherwise provided in paragraph (2) and paragraph (4) of this subsection, any person who knowingly violates the regulatory provisions relating to manufacturing or wholesaling of firearms (section 2C:58-1), retailing of firearms (section 2C:58-2), permits to purchase certain firearms (section 2C:58-3), permits to carry certain firearms (section 2C:58-4), licenses to procure machine guns or assault firearms (section 2C:58-5), or incendiary or tracer ammunition (section 2C:58-10), except acts which are punishable under section 2C:39-5 or section 2C:39-9, is guilty of a crime of the fourth degree.

(2) A licensed dealer who knowingly violates the provisions of subparagraph (d) of paragraph (5) of subsection a. of N.J.S.2C:58-2 is a disorderly person.

(3) If, upon review, a law enforcement agency determines that a licensed dealer has sold, transferred, assigned, or otherwise disposed of an inordinate number of firearms that, subsequent to that sale, transfer, assignment, or disposal, have been recovered as abandoned or discarded firearms, or as firearms seized or recovered because they were unlawfully possessed, or as firearms used for an unlawful purpose, or as firearms recovered from the scene of a crime, or as firearms reasonably believed to have been used or associated with the commission of a crime, that dealer's license shall, after hearing, be suspended, pending further investigation. A suspension under this paragraph shall not remain in force for more than 180 days except upon written complaint or the filing of administrative charges.

(4) A licensed dealer who sells or transfers a firearm to a person knowing that 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. Notwithstanding any other provisions of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum 18 month term of imprisonment, during which the defendant shall be ineligible for parole; provided, however, if the firearm was used in the commission of a crime, the sentence imposed under this subsection shall include a mandatory minimum three year term of imprisonment, during which the defendant shall be ineligible for parole. Further, a person convicted under this subsection shall be permanently disqualified from obtaining a retail license under N.J.S.2C:58-2.

b. Any person who knowingly violates the regulatory provisions relating to notifying the authorities of possessing certain items of explosives (section 2C:58-7), or of certain wounds (section 2C:58-8) is a disorderly person.

c. Any person who gives or causes to be given any false information, or signs a fictitious name or address, in applying for a firearms purchaser identification card, a permit to purchase a handgun, a permit to carry a handgun, a permit to possess a machine gun, a permit to possess an assault firearm, or in completing the certificate or any other instrument required by law in purchasing or otherwise acquiring delivery of any rifle, shotgun, handgun, machine gun, or assault firearm or any other firearm, is guilty of a crime of the third degree.

d. Any person who gives or causes to be given any false information in registering an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or in certifying that an assault firearm was rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13) commits a crime of the fourth degree.

e. Any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person who is under the age of 18 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree. Notwithstanding any other provision of law to the contrary, the sentence imposed for a conviction under this subsection shall include a mandatory minimum three-year term of imprisonment, during which the defendant shall be ineligible for parole.

f. Unless the recipient is authorized to possess the handgun in connection with the performance of official duties under the provisions of N.J.S.2C:39-6, any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a handgun to a person who is under the age of 21 years, except as permitted in section 14 of P.L.1979, c.179 (C.2C:58-6.1), is guilty of a crime of the third degree.

g. Any person who knowingly gives or causes to be given any false information or knowingly engages in any other fraudulent conduct in applying for an exemption to purchase more than one handgun in a 30-day period in violation of the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4) shall be guilty of a crime of the third degree. The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this subsection.

(cf: P.L.2009, c.186, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill establishes enhanced penalties for licensed retail firearms dealers who knowingly provide firearms to persons who transfer those firearms to individuals who are disqualified from possessing a firearm.

A dealer who provides such firearms is guilty of a crime of the second degree and subject to a mandatory 18 month minimum term of imprisonment. If the firearm has been used in the commission of a crime, the dealer is subject to a three year mandatory minimum term of imprisonment. In addition, a dealer convicted of this crime is permanently disqualified from obtaining another retail dealers license. A crime of the second degree is punishable by a term of imprisonment of five to ten years, a fine of up to $150,000, or both.

The bill also provides for a license suspension of up to 180 days for dealers who sell or transfer an inordinate number of firearms that later are discovered to have been recovered as abandoned or discarded firearms, or as firearms seized because they were unlawfully possessed, or as firearms used for an unlawful purpose, or as firearms recovered from the scene of a crime, or as firearms reasonably believed to have been used or associated with the commission of a crime. The bill provides that the suspension is not to remain in effect for more than 180 days, unless a written complaint or administrative charges are filed.