At this point, you’d think that New Jersey lawmakers would have run out of ways to harass gun owners, but sadly, that is not the case. In fact, the Senate Law & Public Safety Committee is meeting today to consider a whopping 18 different gun control bills.
Keep in mind that the state already requires a permit to purchase a firearm, and a separate permit to carry. There’s a 7-day waiting period on all firearm transfers, and person-to-person sales are now allowed. New Jersey has a ban on so-called assault weapons and magazines that can hold more than ten rounds of ammunition. Those gun owners who do possess a valid carry permit are barred from exercising their Second Amendment rights in scores of locations, though the state’s “gun-free zones” are the subject of ongoing litigation in federal court.
Despite all those laws, Democrats still have an appetite for more. From NRA-ILA:
Some of the worst bills on the agenda include:
S.1558 makes it a first-degree crime (up to 20 years in jail) to transport, ship, or even dispose of a firearm without a serial number. There is no exception for previously owned historical firearms that were lawfully manufactured and lawfully acquired without a serial number.
S.3893 prescribes penalties for the sale and possession of “machine gun conversion devices.” Such devices are already banned at both the state and federal levels.
S.3894 creates a crime for possession of digital instructions to illegally manufacture firearms or firearm components. This legislation creates a crime even if someone never produces a gun or component—simply possessing a digital file for a component makes you a criminal.
S.3895 expands the crime of reckless discharge. Discharging a firearm in New Jersey is already illegal unless done “for a lawful purpose,” which is an affirmative defense. Now, every time a firearm is used—even in legitimate self-defense situations, prosecutors will have more tools to harass law-abiding gun owners.
S.3706 mandates the use of Merchant Category Codes. This is nothing more than government-sanctioned snooping that can be used to create a firearms registry or discriminate against gun owners and lawful businesses.
S.3896 attempts to criminalize lawful self-defense with a firearm. Though cloaked in language focusing on criminal misconduct by bad actors, the operative portion of the bill is not limited to bad actors and allows prosecution for self-defense where a firearm is discharged.
S.3900 allows imprisonment before trial for an unlimited amount of time when someone is merely accused of a firearms offense. If someone is accused of a gun crime, the government gets to lock them up and throw away the key while they await trial.
S.3894, is an assault on our First Amendment rights as well as our right to keep and bear arms. It’s never been a federal crime to manufacture your own firearm, and New Jersey’s criminalization of that act is already constitutionally suspect. Making it a crime to possess a digital file or lines of code that can aid in that manufacture is at least as egregious. Code is speech, whether New Jersey Democrats want to acknowledge that or not, and prohibiting the possession or dissemination of a code that can create a constitutionally-protected item (with the help of a 3D printer or CNC machine) is an act of authoritarianism overreach.
We’ve talked about the problems with gun store-specific Merchant Category Codes quite a bit here, but suffice it to say that MCCs are worthless at preventing crime, provide financial institutions incentives to not work with firearm retailers, and will result in innocent gun owners being investigated for crimes simply because of their purchasing habits at gun stores.
S.3900 might be the worst of all. As NRA-ILA notes, the bill singles out anyone arrested for a “gun offense”, which includes mere possession of a firearm, and expands the time they can be held in pre-trial detention without formal charges indefinitely.
Except as otherwise provided under sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) the court, pursuant to section 3 of P.L.2014, c.31 (C.2A:162-17), shall make a pretrial release decision for the eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant’s commitment to jail. The court shall consider the Pretrial Services Program’s risk assessment and recommendations on conditions of release before making any pretrial release decision for the eligible defendant; provided however the court may take additional time than established pursuant to this section if the eligible defendant is charged with any crime or offense involving the use or possession of a firearm, but the additional time provided for shall not exceed such time as is reasonably necessary for a firearms ballistic analysis to be conducted and provided to the court.
Except as otherwise provided under sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and C.2A:162-19) concerning a hearing on pretrial detention, a court shall make, pursuant to this section, a pretrial release decision for an eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant’s commitment to jail; provided however the court may take additional time than established pursuant to this section if the eligible defendant is charged with any crime or offense involving the use or possession of a firearm, but the additional time provided for shall not exceed such time as is reasonably necessary for a firearms ballistic analysis to be conducted and provided to the court.
“Reasonably necessary” is undefined by the bill, and some judges are going to give broad leeway to police and prosecutors to take their sweet time in conducting that ballistic analysis (which isn’t even considered “scientifically valid” in some states). And why does S.3900 allow for people arrested for possessing a gun to sit behind bars until a ballistics analysis is conducted? What is there to analyze if they’re only accused of having a gun on their person?
S.1558, which can put someone behind bars for two decades for shipping a musket, is just as dangerous, but honestly, none of these bills should advance out of committee. This is New Jersey we’re talking about, though, so the chances are pretty good that most, if not all, of these legislative infringements will soon hit the Senate floor.
Read the full article here
