New Jersey Statutes 2C:39-16.3. Trier of fact, defendant, requisite mental state, commit, firearm trafficking, conditions
Terms Used In New Jersey Statutes 2C:39-16.3
- Conviction: A judgement of guilt against a criminal defendant.
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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) transferred or planned to transfer the firearm within 45 days of the defendant’s purchase and receipt of the firearm;
(2) sold three or more firearms to the other person within a one-year period;
(3) received compensation for the sale of the firearm to another person that was significantly above the fair market value of the firearm;
(4) did not conduct the transaction through a licensed retail dealer pursuant to paragraph (2) of subsection a. or paragraph (2) of subsection b. of N.J.S.2C:58-3; or
(5) did not abide by the requirements of paragraph (3) of subsection a. or paragraph (3) of subsection b. of N.J.S. 2C:58-3 and did not provide a receipt or other documentation regarding the sale to the other person.
b. The provisions of N.J.S. 2C:2-3 governing the causal relationship between conduct and result shall not apply in a prosecution under section 2 of P.L.2023, c.148 (C. 2C:39-16.2).
c. In a prosecution under section 2 of P.L.2023, c.148 (C. 2C:39-16.2), the defendant’s actions outside of this State shall be sufficient for prosecution if the defendant knew or should have known that the recipient of the firearm intended to possess, transfer, dispose, sell, or otherwise transport the firearm in this State.
d. It shall not be a defense to a prosecution under section 2 of P.L.2023, c.148 (C. 2C:39-16.2) that:
(1) the death or serious or significant bodily injury took place in a jurisdiction other than this State; or
(2) the decedent or victim contributed to their own death or serious bodily injury.
e. Nothing in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for any other offense.
L.2023, c.148, s.3.