An Act concerning firearms and amending N.J.S.2C:39-4.

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

1. N.J.S.2C:39-4 is amended to read as follows:

2C:39-4. Possession of weapons for unlawful purposes.

a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the [second] third degree

if the firearm is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.

(2) Any person who possesses, receives or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, "community gun" means a firearm that is transferred among, between or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use it unlawfully against the person or property of another.

b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer

to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

(cf: P.L.2007, c.24, s.1)

2. This act shall take effect immediately.

STATEMENT

Under current law, possession of a firearm for an unlawful purpose is a crime of the second degree, which is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.

Under the provisions of this bill, a person is guilty of a crime of the third degree if the person possesses a firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and that ejects a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Third degree crimes are punishable by a fine of up to $15,000, imprisonment for three to five years, or both.

Possession of any other firearm for an unlawful purpose would remain a crime of the second degree.