New Jersey Statutes 2C:39-16.2. Firearm trafficking violation, definition; liability
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the first degree | between 10 and 20 years | up to $200,000 |
| crime of the second degree | between 5 and 10 years | up to $150,000 |
Terms Used In New Jersey Statutes 2C:39-16.2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Donee: The recipient of a gift.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Ship: includes vessels, steamers, canal boats and every boat or structure adapted to navigation or movement from place to place, upon the ocean, lakes, rivers or artificial waterways, either by its own power or otherwise. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(1) A violation of paragraph (1) of subsection a. of N.J.S. 2C:39-10 by selling, giving, transferring, assigning, or otherwise disposing of a handgun to a purchaser, assignee, donee, receiver, or holder who the defendant knows is not licensed as a dealer or has not secured a permit to purchase a handgun pursuant to subsection a. of N.J.S.2C:58-3;
(2) A violation of paragraph (1) of subsection a. of N.J.S. 2C:39-10 by selling, giving, transferring, assigning, or otherwise disposing of a rifle or shotgun to a purchaser, assignee, donee, receiver, or holder who the defendant knows is not licensed as a dealer or does not possess a valid firearms purchaser identification card and has not complied with the requirements of paragraph (1) of subsection b. of N.J.S.2C:58-3;
(3) A violation of paragraph (4) of subsection a. of N.J.S. 2C:39-10 by selling or transferring a firearm knowing that the recipient intends to sell, transfer, assign, or otherwise dispose of that firearm to another person who is disqualified from possessing a firearm under State or federal law;
(4) A violation of subsection i. of N.J.S. 2C:39-9 by transporting, shipping, or otherwise bringing into this State, or conspiring to transport, ship, or otherwise bring into this State, any firearm for the purpose of unlawfully selling, transferring, giving, assigning, or otherwise disposing of that firearm to another individual;
(5) A violation of subsection e. of N.J.S. 2C:39-10 by selling, giving, transferring, assigning or otherwise disposing of a firearm to a person who is under the age of 18 years, except as permitted in section 14 of P.L.1979, c.179 (C. 2C:58-6.1); or
(6) A violation of subsections (a), (b), (c), (d), (h), (i), (j), (n), (u), or (x) of Title 18 U.S.C. § 922 or subparagraph (A) of subsection (a)(1) of Title 18 U.S.C. § 924.
b. (1) A person who purposely commits any firearm trafficking violation enumerated in subsection a. of this section shall be strictly liable for a death that results from the discharge of the illegally trafficked firearm used in the course of committing a crime and shall be guilty of a crime of the first degree.
(2) A person who purposely commits any firearm trafficking violation enumerated in subsection a. of this section is strictly liable for a serious bodily injury or significant bodily injury as defined by N.J.S. 2C:11-1 that results from the discharge of the illegally trafficked firearm while used in the course of committing a crime and shall be guilty of a crime of the second degree.
(3) For purposes of paragraphs (1) and (2) of this subsection, an act shall be deemed to be in the course of committing a crime if the act occurs during or as part of an attempt to commit a crime or the commission of a crime or in the immediate flight after the attempt to commit or the commission of a crime.
c. The act of selling, giving, transferring, assigning, or otherwise disposing of a firearm shall be deemed a cause of death, serious bodily injury, or significant bodily injury when:
(1) the act is an antecedent but for which the death, serious bodily injury, or significant bodily injury would not have occurred;
(2) the death, serious bodily injury, or significant bodily injury occurred not more than three years from the person’s act; and
(3) the death, serious bodily injury, or significant bodily injury was not dependent upon the conduct of another person which was so unrelated to the use of the firearm it did not have a just bearing on the actor’s liability.
L.2023, c.148, s.2.