Bill

Bill > A3716


NJ A3716

NJ A3716
Establishes criminal penalties for sale and possession of binary firearm triggers.


summary

Introduced
05/02/2022
In Committee
05/02/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

This bill establishes a crime of possessing or selling a binary trigger. A "binary trigger" is a device affixed to a semiautomatic firearm that is designed to fire one round upon the pull of the trigger and another round upon the release of the trigger. The bill also clarifies that a firearm affixed with a binary trigger constitutes a machine gun. Under current law, possession of a machine gun is a crime of the second degree, which is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. The bill also makes it a third degree crime to possess a binary trigger, regardless of whether the person is in possession of a firearm, and provides that the penalty for possessing a binary trigger is to run consecutively with the penalty for possessing an assault firearm or machine gun. The bill also establishes a third degree crime of manufacturing, transporting, shipping, selling, or disposing of a binary trigger. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. The bill allows individuals to voluntarily surrender any binary trigger in their possession to a law enforcement agency within 90 days of the bill's effective date. Licensed manufacturers, wholesale dealers, and retailers have 30 days to voluntarily surrender their binary triggers. The bill is to take effect immediately upon enactment. This bill is consistent with current law prohibiting the sale and possession of bump stocks and trigger cranks, which are similar devices that enable a person to fire a semiautomatic firearm at a greater rate of speed than originally intended by the firearm's manufacturer.

AI Summary

This bill establishes criminal penalties for the possession and sale of binary triggers, which are devices that are designed to fire one round upon the pull of the trigger and another round upon the release of the trigger, making them effectively function as machine guns. The bill clarifies that a firearm with a binary trigger constitutes a machine gun, possession of which is a crime of the second degree punishable by five to 10 years imprisonment and a fine of up to $150,000. The bill also makes it a third-degree crime to possess a binary trigger, regardless of whether the person is in possession of a firearm, and provides that the penalty for possessing a binary trigger will run consecutively with the penalty for possessing an assault firearm or machine gun. Additionally, the bill establishes a third-degree crime for manufacturing, transporting, shipping, selling, or disposing of a binary trigger. The bill provides a 90-day voluntary surrender period for individuals to turn in any binary triggers in their possession, and a 30-day period for licensed manufacturers, wholesalers, and retailers to do the same. This bill is consistent with current law prohibiting the sale and possession of similar devices like bump stocks and trigger cranks that enable a semi-automatic firearm to fire at a greater rate of speed.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 05/02/2022)

bill text


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