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Bill > A4394


NJ A4394

NJ A4394
Eliminates presumption of non-imprisonment for theft of a firearm.


summary

Introduced
02/19/2026
In Committee
02/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill provides that the presumption of non-imprisonment for certain third and fourth degree crimes does not apply to a person convicted of theft of a firearm. Under current law, theft of a firearm is a third degree crime, which is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Current law provides that there is a presumption of non-imprisonment for most first-time offenders of third and fourth degree crimes. Therefore, a first-time offender is typically sentenced to a term of probation, rather than a term of imprisonment upon conviction. This bill expands the list of crimes to which the presumption of non-imprisonment does not apply to include theft of a firearm.

AI Summary

This bill amends existing New Jersey law to remove the presumption of non-imprisonment for first-time offenders convicted of theft of a firearm, meaning that individuals convicted of this crime will no longer automatically be eligible for probation and may face jail time. Previously, for certain third and fourth-degree crimes, first-time offenders were typically sentenced to probation rather than imprisonment, a policy known as the "presumption of non-imprisonment." This bill specifically excludes theft of a firearm from this presumption, ensuring that this offense, which is classified as a third-degree crime and carries a potential sentence of three to five years imprisonment, is treated more strictly.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 02/19/2026)

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