Posted on 05/09/2005 7:01:52 AM PDT by ZULU
ASSEMBLY, No. 3998
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED MAY 5, 2005
Sponsored by: Assemblyman LOUIS MANZO District 31 (Hudson)
SYNOPSIS Provides for forfeiture of vehicle or building where weapon was unlawfully possessed.
CURRENT VERSION OF TEXT As introduced.
AN ACT concerning forfeiture and amending N.J.S.2C:39-5.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:39-5 is amended to read as follows: 2C:39-5. Unlawful Possession of Weapons. a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the third degree. b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree. c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree. (2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree. d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree. e. Firearms or other weapons in educational institutions. (1) Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card. (2) Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree. (3) Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card. f. Assault firearms. Any person who knowingly has in his possession an assault firearm is guilty of a crime of the third degree except if the assault firearm is licensed pursuant to N.J.S.2C:58-5; registered pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12) or rendered inoperable pursuant to section 12 of P.L.1990, c.32 (C.2C:58-13). g. (1) The temporary possession of a handgun, rifle or shotgun by a person receiving, possessing, carrying or using the handgun, rifle, or shotgun under the provisions of section 1 of P.L.1992, c.74 (C.2C:58-3.1) shall not be considered unlawful possession under the provisions of subsection b. or c. of this section. (2) The temporary possession of a firearm by a person receiving, possessing, carrying or using the firearm under the provisions of section 1 of P.L.1997, c.375 (C.2C:58-3.2) shall not be considered unlawful possession under the provisions of this section. h. Notwithstanding the provisions of N.J.S.2C:64-1 limiting forfeiture to property used in the furtherance of unlawful activity or illegal acts, any motor vehicle, building or premise in which a violation of subsection a., b., c. or f. of this section was committed shall be subject to forfeiture. The provisions governing the forfeiture of property set forth in N.J.S.2C:64-3 through N.J.S.2C:64-7 shall be applicable to the forfeiture of a motor vehicle, building or premise as authorized in this subsection. (cf: P.L.1997, c.375, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would authorized the forfeiture of any motor vehicle, building or premise in which a firearm was unlawfully possessed. Under current law, forfeiture actions are limited to contraband and property used to further unlawful activity or illegal acts. Under this bill, the motor vehicle, building or premise could be seized if an unlawfully possessed firearm was found within it, even if the firearm was not possessed by the owner of the motor vehicle, building or premise.
More madness from the left-wing lunatics who run the State of New Jersey - probably coming soon to your own neighborhood. The Leftist use New Jersey as a testing ground of sorts for their more egregious novel legislation.
As suspected, Mr. Manzo is a Democrat. Hudson County New Jersey has a reputation for being one of the most corrupt counties in the the Country. It was so recognized by LIFE magazine almost a half a century ago, and still remains a top contender.
Assemblyman Manzo's e-mail is asmmanzo@njleg.org.
I'll leave to your imagination what the first part of his e-mail address represents.
Lou Manzo is a well known nut. I am surprised to learn that he is even in the assembly. I'm sorry to add that I wouldn't be at all suprised if the facistic duopoly in this State passed this heinous law.
This is just NUTS!
Oxen -- it might be worth using your ping list for this one.
Even here in Texas.
This is all more proof that our governing structure is rotted from within and dying of a malignant cancer of liberalism.
Give 'em time. If it doesn't pass there, it'll pass elsewhere and then spread. Stuff like this doesn't go away. They purpose the most extreme thing they can, then will come back with a "compromise" bill that isn't as extreme, but still leans left and is still as f*cked up in logic and Constitutionality as this one is.
Liberalism really is a mental disorder.
I live in this whack job state of NJ. It sucks to have zero pride for where you live but this is home. If they follow past practices they will try and slide this in hidden under another bill as they did so many times with other bills. Democrats here are very strong and it is very scary....
Right out of the pages of Atlas Shruged. Make everyone a criminal, and you control everyone completely.
Louis Manzo: District Office: 107 West Side Avenue, Jersey City, NJ 07305 (201)-309-0770
People with real mental disorders can be forgiven for being ill, Liberalism is a choice...............
A few decades ago this would be of merely parochial concern to the residents - or inmates - of the People's Republic of New Jersey.
But as I noted in my original comment, boilerplates for insane legislation are worked out there - like the assault rifle ban, "smart" gun technology, "Mt. Laurel", etc. these days and then proliferated throughout the entire nation.
Bang!
gun legislation ping
You have no control when everyone wants you out or dead. Kim Il Jung is a prime example of this. No matter how brainwashed his people are, no amount of brainwashing can keep them fed. NK is is in utter chaos right now, and dear leader is the primary target for termination.
So, does this mean if some dirt bag breaks into your home, with an illegal gun, is arrested in your home, with an illegal gun, can they take your home, because some dirt bag wants to rob you? These dirt bags are raving lunatics.
I knew the BS of the State stealing the cars of drunk drivers wouldn't stop there. Now they want to take your home or building for having a gun. What next, confiscate your home or kids for smoking a cigarette? This has to end, by any means necessary.
Change "firearm" to "alien" and see what kind of support it gets.
So if you go out and buy a handgun that isn't NJ approved and then drop it off in the bushes of some state government official's house... does that mean he loses his house?
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