An Act concerning the sale of firearms on school property, amending N.J.S.2C:39-10 and supplementing chapter 39 of Title 2C of the New Jersey Statutes.

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) 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 or section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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.

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. (New section) a. Any person who knowingly sells, gives, transfers, assigns or otherwise disposes of a firearm to a person in violation of N.J.S.2C:58-3 while on any school property used for school purposes which is owned or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, 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 act shall include a mandatory minimum three-year term of imprisonment, during which the defendant shall be ineligible for parole.

b. It shall not be a defense to a prosecution for a violation of subsection a. of this section that the actor was unaware that the selling, giving, transferring, assigning or otherwise disposing of the firearm took place while on or within 1,000 feet of any school property or school bus. It shall not be a defense to a prosecution under this act that no juveniles or students were present on the school property or school bus at the time of the offense or that the school was not in session.

c. In a prosecution under this act, a map produced or reproduced by a municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned or leased to any elementary or secondary school or school board, or a true copy of such a map, shall be admissible upon proper authentication, and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as the official finding and record of the location and boundaries of those areas. A map approved pursuant to this subsection may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this subsection, or a true copy thereof, shall be filed with the clerk of the municipality or county. Nothing in this subsection shall be construed to preclude the prosecution from introducing or relying upon other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of a map or diagram other than one which has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

3. This act shall take effect immediately.

STATEMENT

This bill increases the penalty imposed upon a person who illegally sells or transfers a firearm to another person if the sale or transfer occurs on any school property used for school purposes which is owned or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or while on any school bus.

Currently, illegally transferring a firearm is a crime of the fourth degree, which is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. This bill provides that this offense, if committed within 1,000 feet of a school or on a school bus, is a crime of the third degree. Third degree crimes are punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. The bill also imposes a mandatory three-year prison term without possibility of parole for this offense.

N.J.S.2C:39-5 prohibits the possession of firearms on the property of any school, college, university or other educational institution without written authorization of the governing officer of the institution. Unauthorized possession of a firearm under these circumstances is a crime of the third degree with no mandatory minimum imprisonment. This bill would strengthen current law by requiring a mandatory minimum prison term of three years without the possibility of parole for the illegal transfer of firearms on elementary and secondary school property and on school buses.