Bill
Would Allow Residents to Voluntarily Surrender
Unlicensed or Unregistered Firearms
Including Assault Firearms
(TRENTON) - The Assembly advanced legislation
Thursday sponsored by Assemblyman Charles Mainor to establish a 90-day period
for a person who unlawfully possesses an unlicensed and unregistered firearm to
dispose of it by transferring it, turning it over to the police or rendering
it inoperable. This measure is one of numerous bills in a sweeping Assembly
Democratic gun violence prevention bill package.
Current
law prohibits the manufacture, sale, or possession of assault firearms and large
capacity ammunition magazines except under certain circumstances. Any persons
who possessed an assault firearm on the law’s effective date were given one year
to obtain a license for the firearm, render it permanently inoperable, sell it,
turn it over to the police or dispose of it in some other legal manner.
The
sponsor notes that the intent of his legislation is to once again allow people
who possess illegal firearms and/or ammunition to get rid of it without penalty.
“New Jersey once provided an opportunity for
residents to do the right thing and turn over assault weapons,” said Mainor
(D-Hudson). “We can provide that same encouragement again free of judgment,
punishment, and penalty.
“We
reopen that window of opportunity and get as many firearms as we can out of the
hands of the public for the safety of our communities.”
Under
the bill’s (A-3796) provisions, a person who unlawfully possesses a handgun,
rifle, or shotgun would be required either transfer that firearm to a person who
may lawfully possess it or voluntarily surrender that firearm to the appropriate
law enforcement agency or officer.
In the
case of an assault firearm, any person who has in his possession an unlicensed
or unregistered assault firearm would be required, within 90 days of the bill’s
effective date, to: (1) transfer the assault firearm to any person or firm
lawfully entitled to own or possess the firearm; (2) render the assault firearm
inoperable; or (3) voluntarily surrender the assault firearm. If the person
elects to render the firearm inoperable, he or she is required to file a
certification on a form prescribed by the Superintendent of the State Police
indicating the date on which the firearm was rendered
inoperable.
This
legislation would be effective on the 90th day after enactment and shall expire
on the 180th day after enactment, but the Superintendent of State Police may
take such anticipatory administrative action in advance of the effective date as
shall be necessary for the implementation of the act.
The
Assembly Democratic gun violence prevention package was proposed in response to
the national call for effective legislative action that will help curb the
long-standing issue of gun violence occurring in New Jersey’s communities.
The
measure was approved 50-22-5. It will now go to the Senate for further
consideration.
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