NJ ASSEMBLY COMMITTEE TO CONSIDER SCHOOL GROUNDS PENALTY INCREASE

 

Possession of all BB guns and air guns would carry 7-10 year prison sentences with no possibility of leniency.

 

Parents picking up their children at school after hunting or target shooting would also be at risk.

 

Victim disarmament zones would be ensured.

 

On Thursday, June 7 at 2:00 p.m., the New Jersey Assembly Law & Public Safety Committee is scheduled to consider A1216, legislation that would increase the penalty for possession of a "firearm" on the grounds of an educational institution, raising it from a third to second degree crime. Second degree crimes carry a presumptive 7-10 year prison sentence and a fine of up to $150,000, with no opportunity for

New Jersey's "pre-trial intervention leniency program, and very limited sentencing discretion by the judge.

 

 

New Jersey's definition of "firearm" includes all BB guns and air guns, even though they are commonly regarded as toys in much of the country. Someone who mistakenly possesses a BB gun or air gun on school grounds - even a broken one - would be subject to the lengthy and unforgiving prison sentence that A1216 imposes, with no possibility of leniency, and a presumption in favor of imprisonment.

 

Also, parents picking up their children at school after hunting or target shooting, or to go hunting or target shooting, would also be at risk of A1216's draconian punishment if they enter on school grounds with a firearm unloaded and properly stored in their vehicle, even though they are not involved in criminal activity.

This thoughtless legislation also virtually ensures that

New Jerseyschools would become victim disarmament zones - even teachers licensed with gun permits would be subject to lengthy incarceration, chilling their right of self-defense to protect themselves and school children from attack.

 

Ironically, A1216 is a "solution" to a problem that has already been solved. Firearms possession for an unlawful purpose is already a second degree crime in

New Jersey, so this legislation adds nothing except cruel and unusual punishment for innocent mistakes.

 

PLEASE IMMEDIATELY CONTACT MEMBERS OF THE ASSEMBLY LAW & PUBLIC SAFETY COMMITTEE AND TELL THEM TO VOTE "NO" ON A1216!

MEMBERS OF THE NEW

JERSEYASSEMBLY LAW & PUBLIC SAFETY COMMITTEE:

 

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

Nelson T. Albano (D1)

[email protected]

P: (856) 696-7109

f: (856) 696-7159

Daniel R. Benson (D14)

[email protected]

Phone: 609-631-0198

Fax: 609-631-0324

Sean Connors (D33)

[email protected]

Phone: 201-795-9190

Joseph Cryan (D20)

[email protected]

Phone: 908-624-0880

Fax: 908-624-0587

Sean T. Kean (R30)

[email protected]

Phone: 732-974-0400

Fax: 732-974-2564

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

David P. Rible (R30)

[email protected]

Phone: 732-974-0400

Fax: 732-974-2564

Bonnie Watson Coleman (D15)

mailto:[email protected]

Phone: 609-292-0500

Fax: 609-633-2179

http://c.ymcdn.com/e...6980e42be331500

How is picking up one's children at school staying within the 'to and fro' guidelines of legal transportation of firearms in NJ?

If your carrying a long gun it does. Handguns would need to concern the to and from.

I posted this in the other thread about this as well, but i'll hit it here in the public thread as well:

 

When is enough enough?

 

There are too many gray areas and laws already, and can get even more complicated for people who live inside of a school zone, such as myself. My front door is literately feet away from an elementary school. Would I be in violation by merely taking my guns outside my home to load in to my car? CCW on my own property? Enough be enough.

 

 

Current view from where I am sitting in my office, the school is probably 75' away. Am I allowed to clean my guns at my desk? What if somebody sees me cleaning my rifle through my window? Will I be accused of trying to snipe small children out while sitting in my chair?

 

"No firearms on school property". I think that's been in place forever, unless I'm missing something.

It's just another pointless law that we don't need on the books. If we let them put this in, next you won't be able to walk past your front door with a gun in a case to go to a firing range.

STATEMENT

 

This bill upgrades the penalty for possessing a firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution.

Under current law, the unlawful possession of a firearm in or upon the buildings or grounds of any educational institution is a crime of the third degree. A crime of the third is punishable by imprisonment for a term of three to five years, a fine of up to $15,000, or both.

This bill would upgrade the penalty to a crime of the second degree, which is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.

Up grading the penalty for this particular firearms violation would bring it into conformance with the penalties currently imposed for the possession of a firearm for an unlawful purpose (subsection a. of N.J.S.2C:39-4) and the unlawful possession of a handgun (subsection b. of N.J.S.2C:39-5).

Thanks, Corslime!

I can't wait to get out of this state.

I'll be calling tomorrow. We beat it with the ammo ban, we can beat this one too.

E-mail sent

Got that yesterday as well and sent emails to each of the addresses listed.

 

"No firearms on school property". I think that's been in place forever, unless I'm missing something.

They're just trying to upgrade it from a third to a second degree crime.

email sent....why do they keep doing this crap?

email sent....why do they keep doing this crap?

Because for the last 45 years the pro 2A people have been pretty much asleep at the wheel. We have managed to fill the State House with inept boobs that do not have a clue. We need to mobilize and make ourselves heard. It has been too long coming.

It's also a way to distract attention from their failed socialist policies.

"Bullet" points for next years elections.

Frank Jack Fiamingo is tweeting form the meeting now. follow on twitter #a1216

While most of the country is moving away from oppressive, restrictive firearms laws, NJ and CA are going the opposite way.

I have a couple errands to run, then I'll start firing off emails to that addresses. Here's what my local paper posted about this.

 

 

http://www.gloucestercitynews.net/clearysnotebook/2012/06/nra-alert-new-jersey-assembly-committee-to-consider-anti-gun-legislation-today.html#more

Sounds like it will/has advanced to the next phase.

 

http://www.gloucestercitynews.net/clearysnotebook/2012/06/update-stender-bill-to-toughen-penalties-for-illegal-gun-possession-in-schools-advanced-.html#more

When are these lamebrain politicians going to get it through their thick heads... this type of feel-good legislation just doesn't work.

 

>>>(IMO)<<<

The penalties are too harsh for an overly broad possession rule. I think it should only apply to 'real' firearms which are loaded and/or improperly stored, carried or transported. Oh, guess what; there are already laws covering that. [sarcasm noted]

 

Seemingly, most criminals are not deterred from carrying a firearm because of possible jail time. (read the daily newspaper) The crime(s) they'll commit with a firearm will more than likely give them a far stiffer sentence than mere possession would.

 

Assemblywoman Linda Stender seems to assert that school shootings can be averted by increasing penalties in the possession law. So where is the evidence of that?

 

And as far as school shootings go, they are usually committed by a young person who is a student or former student and who's motive is revenge or something similar. Many seem to have serious mental and personal problems and are not thinking straight. Many seem to have a death wish of their own. How is any law going to stop people from using poor judgement, or who are not in their right frame of mind and don't care whether they live or die?

 

Laws based on mere possession of an item should be used sparingly. In NJ it seems a way of life for our legislators. They see crime anywhere in the nation and decide 'they' have to act in some preemptive way.

 

-Anyhow that's how I feel about it.

I got this in the mail, the sky continues to fall but maintains the same rate as before?

 

OK, it has been a long day, but I will try and briefly give you my take on today's

proceedings on A1216. The news articles on this completely leave out the amount of

opposition there was to this bill from members on both sides of the aisle. It was

approved, but with a VERY stern stipulation from ASM Nelson Albano that ASW Linda Stender

needs to work with the ANJRPC, NJ2AS and other 2A groups to *AMEND* the bill. Albano

reserved his right to oppose the bill on the floor if the problems can't be worked out.

 

Now, Scott Bach and I met with ASW Stender after the meeting. She feels that there may be

unintended consequences to the bill. She is going back to the drawing board to see if the

bill is really necessary. If not, she has agreed not to "move the bill". There is

currently no corresponding bill in the Senate. My prediction is with all of the

objections you all helped us raise, this bill will go no further. We will be in contact

with ASW Stender, and we will be watching *EXTREMELY* closely for any activity on this or

any similar bills.

 

THANK YOU *ALL* FOR YOUR HELP. Although this wasn't a "decisive" win, I believe that we

were able to convince them not to push for this bill. We will keep you informed. THANKS

AGAIN PEOPLE - TOGETHER WE ARE GONNA MAKE THIS HAPPEN!!!

Frank Jack Fiamingo

President - NJ2AS

Ruh roh

 

A1216 PASSES ASSEMBLY COMMITTEE, WITH AMENDMENTS, ON PARTY LINE VOTE

Chaos Ensues as Confusion over Existing Law Becomes Apparent

Amendments Added to Exempt BB Guns and Air Guns

 

No Protections Added for Holders of FID Cards or Hunting Licenses

I'm betting this bill will quietly disappear. The ONE good thing about stuff like this, is for the first time in the last 50 years NJ politicians are getting significant flak from the public. For these politicians, this is probably a first in their career. Before any time someone proposed gun legislation the public was mostly silent except for maybe a few hunters groups.

 

If we'd had this much voice when they proposed that idiotic one gun a month bs, we probably could have stopped it. As long as we KEEP being vocal, and get more people to be vocal with us, maybe in our lifetimes we can drop the FID process. (I have zero hope on the CCW thing)

Ruh roh

 

Um, you even posted the email from NJ2AS. We knew this already.

 

" It was approved, but with a VERY stern stipulation from ASM Nelson Albano that ASW Linda Stender"

Um, you even posted the email from NJ2AS. We knew this already.

 

" It was approved, but with a VERY stern stipulation from ASM Nelson Albano that ASW Linda Stender"

 

Eh? Second email I posted was from ANJRPC, previous email from NJ2AS did not mention amendments to exempt BB guns and air guns and no protections added for FID holders or hunters (paraphrased)

 

I agree about being vocal. I made my voice "heard" via email.

Eh? Second email I posted was from ANJRPC, previous email from NJ2AS did not mention amendments to exempt BB guns and air guns and no protections added for FID holders or hunters (paraphrased)

 

I agree about being vocal. I made my voice "heard" via email.

 

Heh, I got the exact same email but from NJ2AS

It's a lot tougher for them to pass this crap when we're aware of it and contact them a day or two prior to vote. It also helps when Frank shows up at EVERYTHING to voice his opinion. Further proof NJ2AS is working in the Garden State. I Sent an email to remind them that they're supposed to stop legislation like this to avoid another Brian Aitken incident. Their words not mine.

 

Dear Member of the New Jersey Assembly Law & Public Safety Committee,

 

I would like to take this time to urge you to not vote to pass this bill until it is rewritten to punish those that it is meant to. Unfortunately the way this bill is written some of your law abiding constituents will most likely become felons due to a poorly worded bill. Exemptions should be included for LEGALLY owned and carried firearms. If you want to amend the bill to further punish criminals that is understandable. When you elevate a crime to second degree there is a MANDATORY minimum for sentencing. As I recall stipulations were supposed to be put forward that would prevent another 'Brian Aitken situation' from occurring. This appears to go in the opposite direction. The following is an example of how this bill could be written to avoid any potential injustice from tying up the New Jersey Courts:

 

(1) Any person who knowingly has in [his/her] his possession any firearm in or upon any part of the buildings or grounds of any school, college, university, or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the [second] third degree, [unless] irrespective of whether [he/she] he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

 

This simple addendum would avoid many possible unnecessary legal situations. Thank you for your time and consideration.

 

Sincerely,

 

Chris M

 

Hehe

 

I think you're right about that - the one gun a month rule is the bane of my existence. It's forcing me to buy a gun each and every month to keep up my collection, forcing me to count off every 30 day period like a damn kid collecting a new secret decoder keyring from each new cereal box. Not to mention the extra costs involved with each separate FFL transfer and NICS check. And the inconvenience of not being able to pick up a new piece on Gunbroker on a whim when I've got one or two already sitting at the FFL waiting for their turn. I wish I had been vocal against that bill but like everyone else it I didn't seem to find out about it until it was too late

I'm not sure if others have seen this or not, so I wanted to post this. At least we know who voted for/against this.

 

 

 

June 11, 2012

 

NRA Alert: Who Voted FOR & AGAINST New Jersey Anti-Gun Legislation

 

Last week, the New Jersey Assembly Law and Public Safety Committee considered Assembly Bill 1216, legislation that would increase the penalty for possession of a “firearm” on the grounds of an educational institution, raising it from a third degree crime to a second degree crime. This committee passed this unnecessary legislation by a 7 to 4 party-line vote.

 

 

Sponsored by Assemblyman Linda Stender (D-22), A1216 would increase the penalty for having a firearm or weapon on the grounds of an educational institution from a third to a second degree crime. Second degree crimes carry a prison sentence of five to ten years and/or a fine up to $150,000, with no opportunity for New Jersey’s “pre-trial intervention” leniency program, and very limited sentencing discretion by the judge.

 

Stender attempted to address some gun owner concerns by offering last minute amendments to exempt possession of BB guns and air guns from the Draconian penalties in A1216. But no protections were added to protect holders of firearms identification cards or hunting licenses who still remain at risk of lengthy prison sentences for innocent mistakes under this ill-conceived legislation.

 

Firearms possession for an unlawful purpose is already a second degree crime in New Jersey, so this legislation adds nothing except excessive punishment for innocent mistakes.

 

 

The following Assemblymen voted AGAINST A1216:

• Erik Peterson (R-23)
  
• David P. Rible (R-30)
  
• Sean T. Kean (R-30)
  
• Gregory P. McGuckin (R-10)
  

The following Assemblymen voted FOR A1216:

• Nelson Albano (D-1)
  
• Daniel Benson (D-14)
  
• Sean Connors (D-33)
  
• Joseph Cryan (D-20)
  
• Charles Mainor (D-31)
  
• Bonnie Watson-Coleman (D-15)
  
• Gilbert Wilson (D-5)
  

 

 

http://www.glouceste...-committee.html

Looks like NJ never left England during the American Revolution.