Sponsored by:

Senator GORDON M. JOHNSON

District 37 (Bergen)

Senator PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

SYNOPSIS

Clarifies that law enforcement agencies may hold gun buyback programs and permits voluntary surrender of ammunition.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning voluntary surrender of firearms and ammunition and amending N.J.S.2C:39-12.

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

1. N.J.S.2C:39-12 is amended to read as follows:

2C:39-12. [No] a. A person shall not be convicted of an offense under this chapter for possessing any firearms, weapons, destructive devices, ammunition, large capacity ammunition magazines, silencers, or explosives, if after giving written notice of his intention to do so, including the proposed date and time of surrender, [he] the person voluntarily surrendered the weapon, device, instrument, or substance in question to the superintendent or to the chief of police in the municipality in which [he] the person resides, provided that the required notice is received by the superintendent or chief of police before any charges have been made or complaints filed against [such] the person for the unlawful possession of the weapon, device, instrument, or substance in question and before any investigation has been commenced by any law enforcement agency concerning the unlawful possession.

Nothing in this section shall be construed as granting immunity from prosecution for any crime or offense except that of the unlawful possession of such weapons, devices, instruments, or substances surrendered as herein provided.

b. The Office of Attorney General or a county prosecutor's office may authorize a gun buyback program to allow individuals to anonymously and voluntarily surrender any firearm, ammunition, or weapon in their possession. A gun buyback program that accepts surrendered firearms also shall accept surrendered ammunition. Gun buyback programs authorized pursuant to this subsection may grant an award in exchange for any surrendered firearm or weapon.

(cf: P.L.2018, c.39, s.6)

2. This act shall take effect immediately.

STATEMENT

This bill clarifies that a person may voluntarily surrender ammunition to a law enforcement agency. Under current law, a person may voluntarily surrender a firearm after giving written notice to the chief law enforcement officer of the municipality in which the person resides or the Superintendent of State Police. This bill authorizes a person to surrender ammunition in the same manner as a firearm.

The bill also clarifies that the Office of the Attorney General or a county prosecutor's office may authorize gun buyback programs to allow people to anonymously and voluntarily surrender any firearm, ammunition, or weapon in their possession. Under the bill, gun buyback programs that accept surrendered firearms also are required to accept surrendered ammunition. Gun buyback programs would be permitted to grant an award in exchange for any surrendered firearm or weapon.

Law enforcement agencies in this State routinely host gun buyback programs. This bill clarifies that this is a permissible practice under current law.