Assembly Bill 995

[Zack 17]

Has anyone else seen this?  It just popped up in the NJ2a FB page.  I'm having a hard time buying it.

 

Here is the link:

http://legiscan.com/NJ/text/A995/2014

 

Here is the summary from the bottom of that page:

 

 This bill establishes a crime of the first degree for a person to plan or commit certain violent crimes while unlawfully in possession of a handgun.  The convicted person would serve would serve a minimum term of 85% of the sentence imposed during which the person shall not be eligible for parole.  A crime of the first degree is punishable by 10 to 20 years imprisonment, a fine of up to $200,000, or both.  Under current law, the possession of a firearm with the intent to use it unlawfully is a second degree crime.  A second degree crime is punishable by a prison term of 5 to 10 years, a fine of up to $150,000, or both.

 

     This bill also revises the law governing the issuing of permits to carry handguns in the State of New Jersey.

 

     Under the provisions of this bill, an applicant for a permit to carry would no longer have to establish the court standard "justifiable need."  An applicant only would instead need to show that they are "qualified" to carry.  An applicant is deemed qualified under the bill if:  (1) a criminal history record background check reveals no disqualifying information; (2) the applicant successfully completes a course of instruction in the safe use, maintenance, and storage of firearms which is approved by the Police Training Commission; (3) the applicant demonstrates proficiency in the use of, and qualifies with, a firearm of the type to be carried; and (4) the applicant successfully completes a course in the lawful use of force and the justifiable use of a firearm which is approved by the superintendent.  The bill specifies that the applicant is responsible for all the costs involved in meeting these requirements and qualifications.

 

     A permit to carry is valid for one year and is renewable.  An applicant for a permit renewal must meet the same requirements and qualifications.

     The annual fee for the permit is $100.  The permit fees are to be allocated as follows:  $25 to the law enforcement agency that processes the application; $25 to the county clerk of the county that issues the permit; and $50 to the State Treasurer for deposit in the General Fund.

[1LtCAP 4,262]

SO  they're gonna move the goalpost to the other side of the field.

[NYMetsFan86 9]

introduced 1/16/14?

 

i dont even know what to think or how far this would ever get before being slapped down. I like that an effort is being made. yes I want to carry, but is the first part of that bill a bad thing?

[ogfarmer 138]

Actually NJ2AS is asking for us to support this bill S1287 below not that one A995 above.

 

 

Frank Jack Fiamingo

23 hrs

*** TIME TO PUT OUR SUPPORT BEHIND S1287 ‪#‎nj2as‬ ‪#‎tcot‬

CITIZENS PROTECTION ACT!

STATEMENT

This bill, the "Citizens' Protection Act," revises and simplifies the procedures for securing a permit to carry a handgun in the State of New Jersey.
Under the provisions of the bill, an applicant for a permit to carry a handgun would be entitled to that permit so long as he can demonstrate competence with a firearm and is not statutorily disqualified. To demonstrate that competence, the applicant would be required to include, as part of his application for the permit, a copy indicating his successful completion of a firearms safety or training course or class offered by a law enforcement agency, an educational institution, the military, or the National Rifle Association. An applicant who holds a permit to carry is deemed competent and need not submit such evidence.
Among the disqualifications set forth in the bill are the statutory disabilities which currently prohibit an individual from obtaining either a permit to purchase a handgun or a firearms purchaser identification card: a crime involving controlled substances; a condition involving chronic and habitual alcoholic or drug abuse; or some other physical or mental condition or disease which would make it unsafe for the individual to obtain a permit to carry a handgun.
The bill also extends the term during which a permit to carry remains valid. At present, a permit to carry remains valid for two years; under this bill, a permit would be valid for five years.
Finally, the bill deletes subsection b. of N.J.S.2C:39-2 which provided that with regard to any firearm permit or license, an individual was deemed to be in violation of the law "until he establishes the contrary." This approach is inconsistent with traditional American legal jurisprudence and, therefore, should be ended.
In its current form, the law governing the issuance of permits to carry a handgun requires an applicant to demonstrate to the Superior Court a "justifiable need" in order to obtain a such permit. The court's interpretation of what constitutes a "justifiable need" makes it virtually impossible for citizens of New Jersey to obtain permits to carry.
The "right-to-carry" can serve as a significant deterrent to crime. An analysis of the nation's 30 "right-to-carry" states has revealed a significant reduction in crime in those states compared with the national average. For example, aggravated assaults are 19.4 percent lower in "right-to-carry" states; robbery is 38.4 percent lower; homicide is 37.9 percent lower; and handgun homicide is 41.1 percent lower. In California, where the "right-to-carry" is permitted in certain counties, a comparison of the crime rates in those counties with those which do not permit their residents to carry reveals lower crime rates in the "right-to-carry" counties. Similarly, Florida has experienced lower crime rates since enacting its "right-to-carry" statute. The homicide rate in Florida has dropped 22 percent; the handgun homicide rate is down 29 percent. Finally, even convicted robbers have indicated that if they suspected that a potential victim might be armed they would probably look for someone else to rob.

http://www.njleg.state.nj.us/2014/Bills/S1500/1287_I1.HTM

[raz-0 1,259]

So what minor mistake of possessing and transporting firearms counts as a crime of the seocnd degree, and thus leaving your house could be construed as conspiracy to commit said crime if if you really had no intention of doing so. Remember, in NJ it is always affirmative defense. 

[HBecwithFn7 296]

I like how the "crime of the 1st degree" part "shall take effect immediately," but the "qualified vs. justifiable need" part "shall take effect" 6 months later...

 

 

[Michael2013 56]

So what minor mistake of possessing and transporting firearms counts as a crime of the seocnd degree, and thus leaving your house could be construed as conspiracy to commit said crime if if you really had no intention of doing so. Remember, in NJ it is always affirmative defense.

As I understand, the bill is about the violent crimes (?)

[ogfarmer 138]

As I said ignore this bill
And focus in the better one S1287

[DeerSlayer 241]

If it passes I'll take the For Sale sign off my lawn. But I'm not optimistic that it will. However I will support the NJ2AS endorsed Bill.

[bhunted 887]

Crooked bastards. It's all about the money. $100 a year plus pay for quals, etc? Wasn't that much when I had mine. Geezus...

[quikz 34]

NJ is SO FAR GONE from the Rest of America, that any "ccw ordinance" is completely laughable, idiotic, sad, ludicris, and sickening, ALL at the same time, to put it mildly.

 

NJ will secede from The Union before it prys its cold dead fingers from "justifiable need" which in and of istelf is a smoke screen at best.

 

Easier to terraform Mars and establish a large colony where carrying is Shall Issue.

[ogfarmer 138]

why is this sh#t bill even being discussed? while the other one is much better and endorsed by all 2A groups.

 

The other post is not even getting any posts in it. Your wasteing your time discussing this one. Move along theres nothing to see here

[njJoniGuy 2,131]

Neither of these bills will ever see the light of a Law and Public Safety Committee hearing in either house of the legislature, much less be approved for a vote of an entire legislative body.

 

Just pissin' in the wind, they are, I'm afraid.

[Arne 0]

It depends on the math.

When the cost to sustain the current number of criminals and victims in the State of NJ exceeds the resources of the states criminal justice system, it will become more economical to allow ccw.

The real surprise will be the outrageously tremendous increase of overall economic productivity when the citizens of NJ no longer have to devote so much of their resources to prevent victimization and may lawfully exercise all rights protected by the US Constitution in the State of NJ of self defense in public, where only the criminals now rule.

[carl_g 568]

It will never happen and 100 bucks a year plus qualifications is insane. Mine cost me 20 bucks and it's good for 5 years.

[njdave 0]

I would pay the costs to be able to protect my family. But wouldn't the need to also pass a stand your ground and a castle doctrine? Otherwise even if we could carry we still could not defend ourselves.

[ryan_j 0]

It depends on the math.

 

When the cost to sustain the current number of criminals and victims in the State of NJ exceeds the resources of the states criminal justice system, it will become more economical to allow ccw.

 

The real surprise will be the outrageously tremendous increase of overall economic productivity when the citizens of NJ no longer have to devote so much of their resources to prevent victimization and may lawfully exercise all rights protected by the US Constitution in the State of NJ of self defense in public, where only the criminals now rule.

 

 

Funny guy

[ElmerFudd 0]

It will never happen and 100 bucks a year plus qualifications is insane. Mine cost me 20 bucks and it's good for 5 years.

 

Well we have an under-performing government and some overdue bills.  

[jackandjill 683]

Why would anyone call a bill "citizens protection" and expect to go anywhere ?

 

2A community should introduce at least 30 bills a year titled something like "women protection act" or "child protection act" etc.