Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

New Jersey: Firearm “Trafficking” Legislation Has Hidden Dangers For Honest Brokers

Wednesday, February 7, 2024

New Jersey: Firearm “Trafficking” Legislation Has Hidden Dangers For Honest Brokers

Beware, even if you are doing the right thing. 

This is a common refrain for New Jersey gun owners who are accustomed to bad gun laws that ensnare law-abiding citizens far too often.  Despite our warnings, more is on tap.  On Thursday February 8, the Senate Law & Public Safety Committee is picking up where they left off in 2023.  S.1425 is on the agenda, and it purports to go after gun traffickers, however, it could potentially do much more than that. 

Despite our warnings and objections, a nearly identical bill passed one chamber last year, but not the other. It failed to advance to the Governor as time ran out on the 2023 session.  We were spared by the clock last year, however, anti-gun lawmakers in Trenton are back with their recycled bad idea. 

First, let us be very clear.  We strongly oppose firearms trafficking, and although the rationale of preventing criminals from obtaining guns is a good one, this bill poses a threat to dealers and others the way it is currently constructed.  Fortunately, this issue is easily remedied by amending one phrase.

For there to be criminal conduct, the language of this bill says that a dealer “reasonably should know” that the transferee is prohibited.  This completely ignores the reality of the strict firearm transfer process in New Jersey.  Every transaction by a licensed dealer requires a NICS background check.  If NICS shows a purchaser is not prohibited, then that dealer is receiving permission from the State to lawfully transfer the firearm.  How is it that a dealer "reasonably should know" something about the purchaser when the State itself tells the dealer it is OK to transfer the firearm?  Alternatively, bad actors could still be punished by simply amending the language to “knows” the transaction is illegal.  For example, ignoring the NICS check or being aware that the lawful purchase was then going to be part of a straw purchase.  But a dealer that lawfully sells a gun by relying on the NICS process should not be subject to prosecution if that gun is then used illegally by someone else without their foreknowledge.

And please remember, current law already exists and harshly punishes gun trafficking.  A simple online search will show the New Jersey Attorney General taking victory laps after charging alleged traffickers.  This legislation is not only unnecessary, it is dangerous for all the new pitfalls it creates.  We are diligently working in Trenton to either defeat the bill or confine it to punishing only legitimate bad actors.  We are early in the legislative process with several more steps to go, but continue to follow these NRA-ILA alerts on this issue and any others impacting New Jersey NRA members.

 

TRENDING NOW
Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

News  

Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

News  

Monday, May 13, 2024

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

When a reasonable person finds it impossible to take anti-gun big city politicians and their professed “need” for more gun control seriously, maybe it’s stories like this one from Washington, D.C. that play a role.

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

News  

Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Maine: Waiting Period Law May Force Kittery Trading Post Out of State

Tuesday, May 7, 2024

Maine: Waiting Period Law May Force Kittery Trading Post Out of State

Last month, after a barrage of procedural games and inaction by Governor Janet Mills, radical progressive politicians passed LD 2238, "An Act to Address Gun Violence in Maine by Requiring a Waiting Period for Certain Firearm Purchases", ...

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

Wednesday, May 8, 2024

Pennsylvania: Gun Control Bills Defeated in the Pennsylvania House

On Tuesday, two gun control measures, House Bill 335 and House Bill 2206, failed by the slimmest of margins in the Pennsylvania House. 

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

Tuesday, May 7, 2024

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

On Tuesday, May 7th, House Bill 1292, the semi-automatic ban, was indefinitely postponed and is officially off the table for this legislative session. 

MCC Update: Pro-gun States Block Credit Card Gun Registry Scheme

News  

Monday, July 17, 2023

MCC Update: Pro-gun States Block Credit Card Gun Registry Scheme

No summary available

Grassroots Spotlight: South Carolina

Take Action  

Monday, May 13, 2024

Grassroots Spotlight: South Carolina

It was a busy and exciting start to the year in South Carolina, as NRA-ILA and the Second Amendment supporters in the state worked to push Constitutional Carry across the finish line!

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.