An Act concerning certain weapons offenses and amending N.J.S.2C:39-10 and P.L. 1989, c.53.

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, 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[,]:

(1) 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; and

(2) the prosecutor shall not enter into a plea agreement with a defendant charged with a violation of this provision.

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.23)

2. Section 1 of P.L.1989, c.53 (C.2C:43-6.2) is amended to read as follows:

1. On a motion by the prosecutor made to the assignment judge that the imposition of a mandatory minimum term of imprisonment under [(a)] subsection c. of N.J.S.2C:43-6 for a defendant who has not previously been convicted of an offense under that subsection[, or (b) subsection e. of N.J.S.2C:39-10 for a defendant who has not previously been convicted of an offense under chapter 39 of Title 2C of the New Jersey Statutes,] does not serve the interests of justice, the assignment judge shall place the defendant on probation pursuant to paragraph (2) of subsection b. of N.J.S.2C:43-2 or reduce to one year the mandatory minimum term of imprisonment during which the defendant will be ineligible for parole. The sentencing court may also refer a case of a defendant who has not previously been convicted of an offense under that subsection to the assignment judge, with the approval of the prosecutor, if the sentencing court believes that the interests of justice would not be served by the imposition of a mandatory minimum term.

(cf: P.L. 1993,c.49, s.2)

3. This act shall take effect immediately.

STATEMENT

Subsection e. of N.J.S.A.2C:39-10 mandates that the sentence for the third degree offense of selling or giving a firearm to a person under the age of 18 shall include a mandatory minimum three year term of imprisonment, without parole eligibility. This bill would additionally prohibit plea agreements in cases involving persons who knowingly sell, give, transfer, assign or otherwise dispose of a firearm to a person under the age of 18 years, notwithstanding the general authority of the prosecutor to negotiate agreements with criminal defendants.

In accomplishing this purpose, the bill would further eliminate the discretion of the prosecutor, contained in N.J.S.A.2C:43-6.2, to petition the assignment judge for a reduction in the mandatory minimum sentence under subsection e. of N.J.S.A.2C:39-10. Currently, under N.J.S.A.2C:43-6.2, the prosecutor may petition the assignment judge that the imposition of a mandatory minimum term of imprisonment under subsection e. of N.J.S.2C:39-10 for certain defendants, does not serve the interests of justice. Under that section, the assignment judge is then required to place the defendant on probation or reduce to one year the mandatory minimum term of imprisonment during which the defendant will be ineligible for parole.