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Bill > S1775


NJ S1775

NJ S1775
Expands culpability requirements for firearms trafficking offenses and violations of regulatory provisions relating to firearms.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
01/13/2026
Dead
Signed/Enacted/Adopted
01/13/2026

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill expands the culpability requirements for firearms trafficking offenses and violations of regulatory provisions relating to firearms. Under current law, any person who knowingly violates a regulatory provision related to firearms is guilty of a crime of the fourth degree. Under the bill, any person who knowingly or recklessly violates a regulatory provision related to firearms is guilty of a crime of the fourth degree. Under N.J.S.2C:2-2, a person acts recklessly when he consciously disregards a substantial and unjustifiable risk which exists or will result from his conduct. The risk must be of such nature and degree that, considering the nature and purpose of the person's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would exercise in the same situation. Further, current law also provides that a licensed dealer who sells a firearm to a person when the dealer knows that the person intends to sell, transfer, assign, or otherwise dispose of that firearm to a person who is disqualified from possessing a firearm under State or federal law is guilty of a crime of the second degree and permanently disqualified from holding a retail license. Under the bill, a licensed dealer who sells a firearm to a person when the dealer knows or reasonably should know that the person intends to sell, transfer, assign, or otherwise dispose of that firearm to a person who is disqualified from possessing a firearm under State or federal law is guilty of a crime of the second degree and permanently disqualified from holding a retail license. Under the bill, "reasonably should know" means that a person reasonably should know a fact when, under the circumstances, a person of reasonable prudence and competence would ascertain or know the fact. A crime of the second degree is punishable by five to ten years of imprisonment, a fine of up to $150,000, or both. A crime of the fourth degree is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.

AI Summary

This bill expands the culpability requirements for firearms trafficking offenses and violations of firearms regulations by making it a crime of the fourth degree (punishable by up to 18 months in jail and a $10,000 fine) for anyone who knowingly *or recklessly* violates these regulations, whereas previously it only applied to knowing violations. Recklessly means consciously disregarding a substantial and unjustifiable risk. Additionally, for licensed firearm dealers, the bill expands their culpability for selling a firearm to someone who intends to transfer it to a disqualified person (someone legally prohibited from owning a firearm). Previously, a dealer had to *know* this was happening; now, they can be held liable if they *know or reasonably should know* this is the case, with "reasonably should know" meaning a prudent person would have discovered the fact. Such a violation by a dealer is a crime of the second degree (punishable by five to ten years in prison and up to a $150,000 fine) and results in permanent disqualification from holding a retail license.

Committee Categories

Justice

Sponsors (3)

Last Action

Withdrawn Because Approved P.L.2025, c.203. (on 01/13/2026)

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