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ACTION ALERT: 2/6/2014 New Jersey Assembly Law & Public Safety Committee

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A heads up. Tomorrow 2/6/14 the New Jersey Assembly Law & Public Safety Committee is scheduled to hear Bill A823 which deals with defacing a firearm. The problem is that the way this bill is written it makes no exemption for normal wear and tear, refinishing a firearm to it's factory finish or even rust. I think it's important we call, email or contact by whichever means you please the members of the Law and Public Safety Committee and stress that these exemptions need to be added.

The bill is: A823
http://www.njleg.state.nj.us/2014/Bills/A1000/823_I1.HTM?utm_source=Defaced+Firearms+Bill&utm_campaign=Oct+11+updates&utm_medium=email

Members of the Law and Public Saftey Committe

Charles Mainor (Chair) (D31)

[email protected]

Phone: 201-536-7851

Fax: 201-536-7854



Gilbert L. Wilson (Vice Chair) (D5)

[email protected]

Phone: 856-547-4800

Fax: 856-547-5496



Joseph Cryan (D20)

[email protected]

Phone: 908-624-0880

Fax: 908-624-0587



Gregory P. McGuckin (R10)

[email protected]

Phone: 732-840-9028

Fax: 732-840-9757



Erik Peterson (R23)

[email protected]

Phone: 908-238-0251

Fax: 908-238-0256



Nancy J. Pinkin (D18)

[email protected]

Phone: 732-548-1406

Fax: 732-548-1623



David P. Rible (R30)

[email protected]

Phone: 732-974-0400

Fax: 732-974-2564



Shavonda E. Sumter (D35)

[email protected]

Phone: 973-925-7061

Fax: 973-925-7067

Sponsors:

Charles Mainor (Chair) (D31)

[email protected]

Phone: 201-536-7851

Fax: 201-536-7854

Gordon Diane Johnson

1 Engle Street
Suite 108
Englewood, NJ 07631
p (201) 541-1118
f (201) 541-1071

[email protected]

 

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And so it begins - start making those calls, folks. Courtesy of ANJRPC.

 

Today at 10:14 PM

 

NJ ASSEMBLY COMMITTEE

 

TO CONSIDER "DEFACED" FIREARMS BILL!

 

 

A823 could land gun owners in jail for refinished or damaged

 

firearms that might be deemed "defaced" under existing NJ law

 

Please immediately tell committee members to amend A823

 

to protect legal gun owners from severe unintended consequences.

 

On Thursday, February 6 at 2:00 p.m. the New Jersey Assembly Law & Public Safety Committee is scheduled to consider A823, police safety legislation that would among other things significantly increase the penalties relating to "defaced" firearms.

 

Because of New Jersey's longstanding poorly crafted definition of "defaced" firearms, it is possible that refinishing a firearm, or long-term damage from rust or scratches from ordinary wear and tear, could be deemed "defacement" subjecting honest gun owners to lengthy prison sentences, even though identifying information on the firearm is still legible. If deemed a defacement, refinishing a firearm could result in a 10-year jail sentence, and buying or selling a refinished, rusted or scratched firearm could result in a 5-year jail sentence.

 

We raised these same concerns when an earlier version of this legislation was considered by the same committee in 2012. These concerns were acknowledged at that time and amendments were promised but were never implemented. This newly introduced version of the legislation does not address these concerns either.

 

This legislation could easily be amended to address these concerns without compromising its crime fighting purpose.

 

PLEASE IMMEDIATELY CONTACT MEMBERS OF THE ASSEMBLY LAW & PUBLIC SAFETY COMMITTEE!

 

TELL THEM TO AMEND A823 TO PROTECT LEGAL GUN OWNERS FROM SEVERE UNINTENDED CONSEQUENCES!

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heres my letter

 

 

Please Amend Bill A823
Establishes “MarcAnthony’s Law;” criminalizes use of defaced or stolen firearm to injure a police officer; enhances penalties for defacing a firearm.


The problem is that the way this bill is written it makes no exemption for normal wear and tear, refinishing a firearm to it's factory finish or even rust. Also Many firearms get custom paint jobs, Duracoating, Cerakoting, or refinishing, any of these would make legal gun owners criminals. These all need to be exempted from the bill.

Bill A283 needs to define "defaced" as only Serial number removed or altered, WHICH is already a FEDERAL crime.

Thank you

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anyone know what the federal statute is? would be nice to include that in the conversation (since we know none of those people in that list will bother to educate themselves about the same.)

 

edit: I see the 1968 GCA has a small blurb about it. are there any other federal statutes?

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Don't take this as me defending anyone in our den of villainy we call a legislature, but do we have any court cases saying that? I mean traditionally defaced firearm means destroyed serial number. Have there been cases in NJ where they meant something else?

 

Mind you, a better definition is better, I'm just trying to understand what people are worried about.

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My letter...

 

Dear members of the Law and Public Safety Committee,

 

When you consider bill A823 please answer these questions:

 

  1. Do you think that causing “serious bodily injury” to someone who is not a “law enforcement officer” to be less of a crime?
  2. Do you think that someone who attacks you, a member of the Assembly, is due a lower penalty  than someone who attacks someone who just happens to work in law enforcement?
  3. Do you think I that someone who attacks me, a member of the general population, is due a lower penalty  than someone who attacks someone who just happens to work in law enforcement?
  4. Do you think a firearm that has been “defaced” has greater potency or causes causes a greater injury?
  5. Do you think it would be a good idea to leave the term “defaced” undefined?

 

I sincerely hope you honestly answer all of these questions with “no”.

 

This should prompt you to ask yourselves these questions:

 

  1. When are the members of the Assembly going to start respecting ordinary citizens?
  2. Why do you feel the need to waste tax payers money and your own time discussing a law that treats causing “serious bodily injury to a law enforcement officer” a special crime with a special penalty?
  3. Why do you feel the need to waste tax payers money and your own time discussing a law that treats causing “serious bodily injury” with any specific weapon a special crime with a special penalty?
  4. If you feel the existing penalty for causing “serious bodily injury” to anyone is insufficient why not address that for everyone?

 

Yours...

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they never defined defaced, the bill was brought up last year and was supposed to be amended, but they didnt and now are trying to run it thru again

 

They are leaving the defineition of defaced up to anything not stock

Per the "existing" NJSA 2C:39-1 b

 

 

b. "Deface" means to remove, deface, cover,

alter or destroy the name of the maker, model

designation, manufacturer’s serial number or

any other distinguishing identification mark or

number on any firearm.

 

Has this changed at all?   Although I do note that it does not account for "wear and tear."

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This is the only gun bill on the agenda for tomorrow.   Last time, all of the gun bills were done on the same day.

 

This is a test to see if we show up like we did last year.  I don't believe we are showing up this year.  That's bad.  They won.

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Problem is they keep bringing up this nonsense. It's unrelenting. Non-stop.

 

Reminds me of the bloated school budgets that get voted down, voted down, again and again, until they finally pass because everybody's tired. They're like harpies, like those ugly green flies on Long Beach Island. You swat them, you poison them, but when you go back to the bungalow you're covered with welts. If you sat still long enough they'd eat you alive.

 

They get paid for this mischief. We have to work real jobs.

 

You can go talk to them, write letters, emails, testify if they let you, but you might as well be speaking an extinct Turkic dialect. "All they want is to have their little guns and do whatever they want with them."

 

Wait until Fois Gras is no longer governor. Sweeney will sign any and all of the anti-gun bills. 3.5 years. Begin the countdown. Unless His Corpulence realizes he has no chance to be the Hamburger Eater-in-Chief. Then he'll show his true colors and it will happen sooner.

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This is the only gun bill on the agenda for tomorrow.   Last time, all of the gun bills were done on the same day.

 

This is a test to see if we show up like we did last year.  I don't believe we are showing up this year.  That's bad.  They won.

 

 

Oh stop. It's a nonsense bill. Why would we show up? It is already a federal crime so why would anyone deface a gun to start with.

 

The test of any theory is whether it can be used to predict the future.   If the rest of the anti gun bills show up on the next a Law and Public Safety Committee agenda, we'll know.

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Sorry, if we show up or not clearly doesn't matter. Last year we showed up in huge numbers and they voted for this crap anyway. They don't need to test the waters, they've tested them last year. They had a pile of people yell at them, them passed the laws, some got vetoed and not a single one of these clowns was voted out of office.

 

WHy do you think they give a crap about how many people show up this year or testing the waters?

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Sorry, if we show up or not clearly doesn't matter. Last year we showed up in huge numbers and they voted for this crap anyway. They don't need to test the waters, they've tested them last year. They had a pile of people yell at them, them passed the laws, some got vetoed and not a single one of these clowns was voted out of office.

 

WHy do you think they give a crap about how many people show up this year or testing the waters?

Nailed it!  The action has to be to educate the public and get them to vote these idiots out of office.  While I wish no violence on any individual I think a few more incidents like the Short Hills car jacking might bet more people on our side.

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Bill was amended to exempt refinishing, rust, scratches and normal wear and tear if not used in a commission of a crime

 

 

Scott Bach was there and seemed pleased with the amendment.

So does that mean if you rob a 7-11 with a rusty gun you get a stiffer sentence? HAHAHA! These guys are CRIMEFIGHTERS, baby!

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while concern about this bill is now a moot point, this was the problem with the bill........

 

Because of New Jersey's longstanding poorly crafted definition of "defaced" firearms, it is possible that refinishing a firearm, or long-term damage from rust or scratches from ordinary wear and tear, could be deemed "defacement" subjecting honest gun owners to lengthy prison sentences, even though identifying information on the firearm is still legible. If deemed a defacement, refinishing a firearm could result in a 10-year jail sentence, and buying or selling a refinished, rusted or scratched firearm could result in a 5-year jail sentence.

 

While a brand new Glock has nice shiny factory fresh serial number, an antique rifle or shotgun won't.......but hey for new gun crowd, it don't matter I guess, unless you want to duracoat it.....

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Good. I'm not pleased that they are spending time making a federal crime into yet a different kind of state crime, but it is every way a non-issue otherwise.

However, what about modifications with after market parts. By not using OEM parts to repair a lawyer could argue it's been defaced even if the modifications make it safer, more reliable, or easier to use?

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However, what about modifications with after market parts. By not using OEM parts to repair a lawyer could argue it's been defaced even if the modifications make it safer, more reliable, or easier to use?

 

How in pete's name do you get to that?? Defaced is already defined as damaging or hiding the manufacturer information and serial number and now exempts refinishing. How do you get to parts replacements being a problem?

 

I swear sometimes we are own worst enemies.

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How in pete's name do you get to that?? Defaced is already defined as damaging or hiding the manufacturer information and serial number and now exempts refinishing. How do you get to parts replacements being a problem?

 

I swear sometimes we are own worst enemies.

+100

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