Revises definition of destructive device

New Jersey Legislature | December 11, 2003 | Weiberg and Pou

[ZULU]

ASSEMBLY, No. 3942

STATE OF NEW JERSEY

210th LEGISLATURE

INTRODUCED DECEMBER 11, 2003

Sponsored by:

Assemblywoman LORETTA WEINBERG

District 37 (Bergen)

Assemblywoman NELLIE POU

District 35 (Bergen and Passaic)

SYNOPSIS

Revises definition of destructive device to include weapons of 50 caliber or greater.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning destructive devices and amending N.J.S.2C:39-1.

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

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

2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58:

a. "Antique firearm" means any rifle or shotgun and "antique cannon" means a destructive device defined in paragraph (3) of subsection c. of this section, if the rifle, shotgun or destructive device, as the case may be, is incapable of being fired or discharged, or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

b. "Deface" means to remove, deface, cover, alter or destroy the name of the maker, model designation, manufacturer's serial number or any other distinguishing identification mark or number on any firearm.

c. "Destructive device" means any device, instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one-quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber of 50 caliber or greater [than 60 caliber], except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; (4) any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited. The term does not include any device manufactured for the purpose of illumination, distress signaling, line-throwing, safety or similar purposes.

d. "Dispose of" means to give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer possession.

e. "Explosive" means any chemical compound or mixture that is commonly used or is possessed for the purpose of producing an explosion and which contains any oxidizing and combustible materials or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects. The term shall not include small arms ammunition, or explosives in the form prescribed by the official United States Pharmacopoeia.

f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any 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 ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

g. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm.

h. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.

i. "Machine gun" means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.

j. "Manufacturer" means any person who receives or obtains raw materials or parts and processes them into firearms or finished parts of firearms, except a person who exclusively processes grips, stocks and other nonmetal parts of firearms. The term does not include a person who repairs existing firearms or receives new and used raw materials or parts solely for the repair of existing firearms.

k. "Handgun" means any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand.

l. "Retail dealer" means any person including a gunsmith, except a manufacturer or a wholesale dealer, who sells, transfers or assigns for a fee or profit any firearm or parts of firearms or ammunition which he has purchased or obtained with the intention, or for the purpose, of reselling or reassigning to persons who are reasonably understood to be the ultimate consumers, and includes any person who is engaged in the business of repairing firearms or who sells any firearm to satisfy a debt secured by the pledge of a firearm.

m. "Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.

n. "Shotgun" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition.

o. "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches.

p. "Switchblade knife" means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

q. "Superintendent" means the Superintendent of the State Police.

r. "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

s. "Wholesale dealer" means any person, except a manufacturer, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are reasonably understood not to be the ultimate consumers, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms, in furtherance of such purpose, except that it shall not include those persons dealing exclusively in grips, stocks and other nonmetal parts of firearms.

t. "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.

u. "Ballistic knife" means any weapon or other device capable of lethal use and which can propel a knife blade.

v. "Imitation firearm" means an object or device reasonably capable of being mistaken for a firearm.

w. "Assault firearm" means:

(1) The following firearms:

Algimec AGM1 type

Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12"

Armalite AR-180 type

Australian Automatic Arms SAR

Avtomat Kalashnikov type semi-automatic firearms

Beretta AR-70 and BM59 semi-automatic firearms

Bushmaster Assault Rifle

Calico M-900 Assault carbine and M-900

CETME G3

Chartered Industries of Singapore SR-88 type

Colt AR-15 and CAR-15 series

Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types

Demro TAC-1 carbine type

Encom MP-9 and MP-45 carbine types

FAMAS MAS223 types

FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms

Franchi SPAS 12 and LAW 12 shotguns

G3SA type

Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1

Intratec TEC 9 and 22 semi-automatic firearms

M1 carbine type

M14S type

MAC 10, MAC 11, MAC 11-9mm carbine type firearms

PJK M-68 carbine type

Plainfield Machine Company Carbine

Ruger K-Mini-14/5F and Mini-14/5RF

SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types

SKS with detachable magazine type

Spectre Auto carbine type

Springfield Armory BM59 and SAR-48 type

Sterling MK-6, MK-7 and SAR types

Steyr A.U.G. semi-automatic firearms

USAS 12 semi-automatic type shotgun

Uzi type semi-automatic firearms

Valmet M62, M71S, M76, or M78 type semi-automatic firearms

Weaver Arm Nighthawk.

(2) Any firearm manufactured under any designation which is substantially identical to any of the firearms listed above.

(3) A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.

(4) A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds.

(5) A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

x. "Semi-automatic" means a firearm which fires a single projectile for each single pull of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet.

y. "Large capacity ammunition magazine" means a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm.

z. "Pistol grip" means a well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.

aa. "Antique handgun" means a handgun manufactured before 1898, or a replica thereof, which is recognized as being historical in nature or of historical significance and either (1) utilizes a match, friction, flint, or percussion ignition, or which utilizes a pin-fire cartridge in which the pin is part of the cartridge or (2) does not fire fixed ammunition or for which cartridge ammunition is not commercially available.

bb. "Trigger lock" means a commercially available device approved by the Superintendent of State Police which is operated with a key or combination lock that prevents a firearm from being discharged while the device is attached to the firearm. It may include, but need not be limited to, devices that obstruct the barrel or cylinder of the firearm, as well as devices that immobilize the trigger.

cc. "Trigger locking device" means a device that, if installed on a firearm and secured by means of a key or mechanically, electronically or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically or electromechanically operated combination lock.

dd. "Personalized handgun" means a handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user. The technology limiting the handgun's operational use may include, but not be limited to: radio frequency tagging, touch memory, remote control, fingerprint, magnetic encoding and other automatic user identification systems utilizing biometric, mechanical or electronic systems. No make or model of a handgun shall be deemed to be a "personalized handgun" unless the Attorney General has determined, through testing or other reasonable means, that the handgun meets any reliability standards that the manufacturer may require for its commercially available handguns that are not personalized or, if the manufacturer has no such reliability standards, the handgun meets the reliability standards generally used in the industry for commercially available handguns.

(cf: P.L.2002, c.130, s.5)

2. This act shall take effect on the first day of the fifth month following enactment.

STATEMENT

This bill revises the standards for one of the weapons classified as a "destructive device" under New Jersey law.

Although primarily devices or instruments designed to explode or produce uncontrolled combustion, the statutory definition of "destructive device" also includes weapons which fire projectiles of greater than 60 caliber.

This bill would change that caliber criterion from "greater than 60" to "50 caliber or greater."

The possession of destructive devices is prohibited under New Jersey law. A person who knowingly has in his possession any destructive devices is guilty of a crime of the third degree. A crime of the third degree is punishable by a fine of up to $15,000; imprisonment for three to five years; or both.

In order to give individuals who currently own weapons with calibers of 50 or greater an opportunity to lawfully dispose of them, the bill does not take effect until the first day of the fifth month following enactment.

[ZULU]

Assemblywoman Loretta Weinberg, Democrat District Office: 545 Cedar Lane, Teaneck, NJ 07666 (201)-928-0100

Assemblywoman Nellie Pou, Democrat District Office: 100 Hamilton Plaza, Suite 1403-05, Paterson, NJ 07505 (973)-247-1555

The Dems sneaked this one in on December 11th. It was already reviewed by the Assembly Law and Public Safety Committee and released for a floor vote. The Dems are planning to rush this one through this Legislative Session.

If it succeeds in Jersey, you can expect it to re-surface in other states.

Write or call the sponsors of this idiotic bill. Freep them.

[TYVets]

Is an Inline 54 Cal Muzzleloader legal?

[FormerlyAnotherLurker]

If it passes expect next year's version to ban .45 cal and larger, then they'll go after .40 cal, etc.

Fifty Caliber Shooter's Association

The Fifty Caliber Institute

The Top Ten Lies About .50cal Rifles

[mhking]

Can I set up one of these outside their chambers? [g]

Just damn.

If you want on the new list, FReepmail me. This IS a high-volume PING list...

[ZULU]

Right now it is. If this bill is enacted, ALL guns with calibers of .50 or above will be banned in New Jersey.

Like I said, the bill cleared the Asembly Law and Public Safety Committee and was released for a floor vote in the Assembly. It hasn't been scheduled (posted) for a vote there yet, but soon will be. If it is approved by the Democratically controlled Assembly, it goes to the Senate Law and Public Safety Committee where it is reviewed, and, if approved, will be similarly released for a floor vote. If it clears the Senate, it goes to the Governor's desk for his signature.

The current legislative session in Jersey ends in January, and they take a Christmas recess. If it doesn't pass in this assembly session, you can be sure it will be reintroduced in the next one, which will have large Demcratic majorities in both the Assembly and Senate, thanks to the New Jersey State Republican leader Kyrillos, who ran one of the worst state wide campaigns in history.

Its unheard of for the Party controlling the Governorship to make such large gains in a mid-term election, especially with such an unpopular governor in office. Yet Mr. Kyrillos indicates he will NOT step down after such a catastrophic defeat during his watch.

You can also blame Senator John Bennett, a figure who lost his bid for re-election thanks to many skeletons in his closet, despite his sucking up LOADS of state campaign funds which should have better gone to more worhty candidates with a good chance of election. Bennett should NOT have run for re-election, given his "problems". The Dems were able to heavily out spend the Republicans in Jersey this year.

Ms. Weinberg is a creature of Ceasefire New Jersey, an anti-gun group. She has sponsored bills on "Smart Guns" and ballistic fingerprinting among other bills. She stormed out of the Assembly Law and Public Safety Committee meeting with a comment to the effect that she doesn't know anything about guns. This is obvious. Like most anti-gunners she is an emotional ignoramus on the subject.

[ZULU]

No doubt about it.

The anti-gunners, knowing they can't outright BAN ALL guns, have decided to incrementally chip away at the Second Amendment on the State levels, starting in ratholes like Jersey, Maryland, Kalifornia and Massachusetts.

The unparalled success they achieved with their "Assault Rifle Ban" encouraged them to find more imaginative horizons.

[TYVets]

"Right now it is. If this bill is enacted, ALL guns with calibers of .50 or above will be banned in New Jersey."

Most of the muzzle loaders used for deer hunting around here are 50 Cal inlines.

[TYVets]

"Like most anti-gunners she is an emotional ignoramus on the subject."

She a large extended family all across the US.

[HiTech RedNeck]

Of all gun crimes in the country, how many of them are with such large caliber weapons? I'd guess it's awfully little, because they are more unwieldy to pack, shoot, and hide. Almost better to dictate that ALL guns must be that large.

[the gillman@blacklagoon.com]

If only we lived in a Constitutional Republic a state would be unable to criminalize the possesion of constitutionally protected items and outlaw the passage through their state of honest citizens bearing their rightfull and lawful possesions.

[ZULU]

These people are REALLY NOT interested in addressing criminal use of firearms. They are not TOTALLY stupid.

What they ARE interested in is taking guns away from law-abiding citizens. An outright ban would be almost impossible to achieve. They learrned that long ago.
Its much easier for them to incrementally nibble away at gun ownerhsip with laws like this so, eventually, they will have achieved their orignal goal through incrementalism.

Unlike the Founding Fathers, they do NOT trust ordinary citizens with firearms. Unlike the Founding Fathers, they do not believe in God-given rights (a lot of them don't even believe in God, others are religious pacifists like the Methodists). Like today's courts, they believe that the only rights we have are the ones the government gives us, and so, since the government gives those rights, it can take them away.

They have some unlikely allies - the Methodist Church for instance, which funds New Jersey Ceasefire in part. New Jersey Ceasefire is behind this bill, behind the smart-gun bill and behind ballistic fingerprinting laws.

[Ground0]

I can only assume that all listed items are banned from civilian use/posession and that law (pronounced LAWR) enforcement are exempt?

Teetering on tyranny in Jersey, it would appear. Reminds me of Israelli soldiers shooting rock hurling Palestinians with M-16's. Good luck up there.

[ConservativeMan55]

LOL!

[ZULU]

You are probably correct in your evaluation here.

The key point here is the existing statute is being amended to make it even MORE draconian by banning all guns which fire projectiles over .50 caliber.

The idiots who introduced this were apparently unaware that shotguns which fire rifled slugs would be banned, as well as muzzle-loaing hunting rifles of .50 caliber and above (most deer rifles) not to mention all Civil and Revolutionary War peices which would, in effect, end all Revolutionary and Civil War Re-Enactments in New Jersey. When they were informed of this fac,t it apparently made little impact.

New Jersey is a state run by politicians who don't trust the public, and lawyers who control politics. The more laws, the more law cases, the more money they make. Simple.

Once upon a time, America began at the Hudson River.

Now it begins at the Delaware, and ends at the Kalifornia (Nuevo Mejico) border.

Scary, isn't it??

[Ground0]

Indeed, Hitler, Stalin and Mao are no doubt chair dancing.

[SquirrelKing]

Come and take it, zombies!

[ConservativeMan55]

Crazy stuff!

[Tolerance Sucks Rocks]

I can't believer this! This would be the equivalent of a 50-cal ban?

[Tolerance Sucks Rocks]

This bill would change that caliber criterion from "greater than 60" to "50 caliber or greater."

The possession of destructive devices is prohibited under New Jersey law.

DAMMIT! It IS, it IS, it IS a 50-cal ban!

[Tolerance Sucks Rocks]

More stuff from statist ninnies!