An Act concerning assault firearms and supplementing Title 2C of the New Jersey Statutes.

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

1. a. Except as provided in subsection d. of this section, any person who owns an assault firearm on the effective date of this act may retain possession of that firearm for a period not to exceed two years from the effective date of this act. During this time period, the owner of the assault firearm shall:

(1) Transfer the assault firearm to any person or firm lawfully entitled to own or possess such firearm;

(2) Render the assault firearm inoperable; or

(3) Voluntarily surrender the assault firearm pursuant to the provisions of N.J.S.2C:39-12.

b. If the owner of the assault firearm elects to render the firearm inoperable, the owner shall file a certification on a form prescribed by the Superintendent of the State Police indicating the date on which the firearm was rendered inoperable. This certification shall be filed with either the chief law enforcement officer of the municipality in which the owner resides, or in the case of an owner who resides outside this State but stores or possesses an assault firearm in this State, with the Superintendent of the State Police.

c. As used in this section, "inoperable" means that the firearm is altered in such a manner that it cannot be immediately fired and that the owner or possessor of the firearm does not possess or have control over the parts necessary to make the firearm operable.

d. The provisions of this act shall not be applicable to any person who is licensed to possess and carry an assault firearm pursuant to N.J.S.2C:58-5 or who registered an assault firearm pursuant to section 11 of P.L.1990, c.32 (C.2C:58-12).

2. This act shall take effect immediately and shall expire two years after the effective date, but the Superintendent of State Police may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill establishes a two year period for a person who owns an unlicensed or unregistered assault firearm to transfer the weapon, render it inoperable or voluntarily surrender it.

Under the bill's provisions, any owner who has in his possession an unlicensed or unregistered assault firearm on the effective date would be required, within two years of the bill's effective date, to: (1) transfer the assault firearm to any person or firm lawfully entitled to own or possess the firearm; (2) render the assault firearm inoperable; or (3) voluntarily surrender the assault firearm pursuant to the provisions of N.J.S.2C:39-12.

If the owner or possessor elects to render the firearm inoperable, he or she is required to file a certification on a form prescribed by the Superintendent of the State Police indicating the date on which the firearm was rendered inoperable. In the case of an owner who resides in New Jersey, the certification is to be filed with the chief law enforcement officer of the municipality in which the owner resides. If the owner resides outside of this State but stores or possesses an assault firearm in this State, the certification is to be filed with the superintendent.

The bill defines "inoperable" to mean that the firearm is altered in such a manner that it cannot be immediately fired and that the owner or possessor of the firearm does not possess or have control over the parts necessary to make the firearm operable.

P.L.1990, c.32 prohibited the manufacture, sale, or possession of assault firearms and large capacity ammunition magazines except under certain circumstances. In addition, persons who possessed an assault firearm on the bill's effective date were given one year to obtain a license for the firearm, render it permanently inoperable, sell it, turn it over to the police, or dispose of it in some other legal manner. This bill reopens a window for persons who own these weapons to comply with State law.