Gusciora to Reintroduce Gun Bill that Eliminates 

Non-imprisonment for Theft of Firearm

Bill in response to Shooting at Art All Night involving Stolen Gun

PRESS CONFERENCE – TODAY – 1PM – ROOM 109, STATE HOUSE

WITH MERCER COUNTY PROSECUTOR ANGELO ONIFRI

(Trenton) Following reports that one of the shooters at Saturday’s Art All Night in the Capital City used a stolen gun, Assemblyman Reed Gusciora (D-Trenton) will reintroduce a bill that eliminates any presumption of non-imprisonment for a theft of a firearm.

The bill was previously introduced in 2014 and received bi-partisan support.

The Assemblyman will hold a press conference in the State House, Room 109, today at 1pm; and will be joined by Mercer County Prosecutor Angelo Onifri, Million Mom March coordinator Carole Stiller, and Moms Demand Action coordinator Teska Frisby.

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ASSEMBLY, No. 2916 

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MARCH 20, 2014

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman  JON M. BRAMNICK

District 21 (Morris, Somerset and Union)

Assemblyman  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Co-Sponsored by:

Assemblymen Ciattarelli, C.A.Brown, Assemblywoman Simon, Assemblyman Garcia, Assemblywoman Spencer, Assemblymen Fiocchi, Caputo, Assemblywoman Angelini, Assemblyman Giblin, Assemblywoman Schepisi and Assemblyman Fuentes

SYNOPSIS

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

CURRENT VERSION OF TEXT 

As introduced.

AN ACT concerning theft of a firearm and amending N.J.S.2C:20-2 and N.J.S.2C:44-1.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:20-2 is amended to read as follows:

2C:20-2. a. Consolidation of Theft and Computer Criminal Activity Offenses.  Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction.  A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

1. Grading of theft offenses.

(1)   Theft constitutes a crime of the second degree if:

(a)   The amount involved is [$75,000.00] $75,000 or more;

(b)   The property is taken by extortion;

(c)   The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

(d)   The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount involved is [$75,000.00] $75,000 or more;

(e)   The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or

(f)   It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is [$50,000.00] $50,000 or more.

(2)   Theft constitutes a crime of the third degree if:

(a)   The amount involved exceeds [$500.00] $500 but is less than [$75,000.00] $75,000;

(b)   The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane, except the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply to theft of a firearm;

(c)   The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than [$7