Sponsored by:

Assemblyman GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblyman RAJ MUKHERJI

District 33 (Hudson)

Assemblyman VINCENT MAZZEO

District 2 (Atlantic)

Assemblywoman ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblyman BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Co-Sponsored by:

Assemblyman McKeon

SYNOPSIS

Directs Attorney General to establish a criminal firearms recovery clearing house.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning the collection of information relating to firearms used in the commission of a crime and supplementing chapter 58 of Title 2C of the New Jersey Statutes.

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

1. a. The Attorney General shall establish and maintain within the Division of State Police a criminal firearm recovery clearing house as a central repository of information regarding all firearms seized, forfeited, found, or otherwise coming into the possession of any State or local law enforcement agency which are believed to have been used in the commission of a crime. The purpose of this program is to interdict firearms and components of firearms entering New Jersey which have been used in a crime, with a particular focus on those states from which substantial numbers of firearms enter.

The Attorney General shall promulgate regulations prescribing mandatory reporting procedures for State or local law enforcement agencies, including the form for reporting this information. In addition to any other information which the Attorney General may request, the form shall require: 1) identifying information on the firearm, if available, such as the firearm's make and model, caliber, manufacturer's serial number, and the finish; and 2) a brief description of the circumstances under which the firearm came into possession of the law enforcement agency, including the crime which was or may have been committed with the firearm.

b. In any case where a State or local law enforcement agency investigates the commission of a crime in this State in which a specific firearm is known to have been used, that agency shall submit a request to the Division of State Police, which shall document the request, trace the movement of that firearm, and provide the local law enforcement agency with the results of the trace.

c. The Attorney General, in cooperation with the United States Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall develop and implement a strategy for the interdiction of firearms which have been used in the commission of a crime. The strategy shall include identifying firearms traffickers and suppliers of these firearms who may or may not be violating federal, State, or local laws, and cooperating with appropriate law enforcement agencies in other states in the investigation and enforcement of these laws.

2. This act shall take effect on the first day of the sixth month after enactment, but the superintendent may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill directs the Attorney General to establish and maintain a criminal firearm recovery clearing house to be used as a central repository of information regarding all firearms seized, forfeited, found, or otherwise coming into the possession of any State or local law enforcement agency which are believed to have been used in the commission of a crime.

The bill directs the Attorney General to promulgate regulations prescribing mandatory reporting procedures for State and local law enforcement agencies to follow when recovering a firearm. The bill requires the reporting procedures to include the development of a form to facilitate the reporting process, and requires the form to provide for the submission of identifying information on the firearm and a description of the circumstances under which the firearm came into possession of law enforcement.

The bill directs State and local law enforcement agencies investigating the commission of a crime in which a specific firearm is known to have to have been used to request the Division of State Police to document and trace the movement of that firearm, and to provide the results of the trace to those law enforcement agencies.

The bill directs the Attorney General to cooperate with the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives to develop and implement a strategy for the interdiction of firearms used in the commission of a crime. Under the bill, the strategy must include a means to identify firearm traffickers and suppliers of firearms who may or may not be violating federal, State, or local laws, and to cooperate with law enforcement agencies in other states in the investigation and enforcement of these laws.

The bill takes effect on the first day of the sixth month after enactment, but permits the Superintendent of the State Police to take anticipatory administrative actions prior to the bill's effective date.

The purpose of the clearing house is to determine the origins of firearms used in crimes committed in New Jersey, with particular focus on states from where substantial numbers of those firearms appear to originate.