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Day five 2.0. Please use this letter too!

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Dear Lawmakers,

 

We have been here before and we know what will happen.  In 1990, our legislature proscribed the "knowing" posession of "assault firearms", defined as  "[a] semi-automatic rifle with a fixed magazine capacity exceeding [fifteen] rounds." N.J.S.A. 2C:39-1w(4).

 

In 1996, Joseph Pelleteri, an otherwise law-abiding NJ resident was tried and convicted of having an assault rifle, given to him by his local police department, prior to the ban going into effect.

 

In that decision, the Court noted: "When dealing with guns, the citizen acts at his own peril".

 

But when the legislature previously reduced the magazine count to 15, they included a provision that [p]ersons legally in possession of such firearms prior to the effective date of the statute could retain these weapons by obtaining the appropriate registration.

 

Without the ability to grandfather items that millions of NJ residents own legally, that come standard issue with legally purchased firearms, we will see an increasing number of shocked residents, thrown into the grinding gears of our criminal justice system.  Nor can we assume prosecutorial discretion may be offered because under our NJ AG directive and the Graves Act, our prosecutors do not even have the discretion to offer pre-trial intervention (PTI) to keep would-be offenders under this new legislation, out of prison.

 

This will harm our residents.  We need laws that protect citizens, not those that throw them in jeopardy.

 

Please reconsider the magazine limit ban, or in the alternative, include a provision to grandfather legally owned products from law-abiding citizens.

 

Sincerely,

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