ManBearPig
member
- Joined
- Oct 8, 2008
- Messages
- 151
Apparently a New Jersey congresswoman didn't get the memo about the decison on Heller vs DC, because she has introduced the following bill:
http://www.njleg.state.nj.us/2008/Bills/A1000/681_I1.HTM
This bill restricts the sale, importation, possession and carrying of handguns except by certain authorized persons. Antique handguns and handguns determined by the Superintendent of State Police to be collectibles, commemoratives or curios are exempted. Authorized persons would include those presently permitted to possess and carry handguns for work-related purposes, including law enforcement officers and members of the military. The bill also provides, however, that a homeowner or a storeowner may acquire and possess a handgun for self-protection if they can demonstrate a "justifiable need." In addition, members of licensed pistol clubs would be permitted to purchase handguns, but those handguns must be delivered to, and remain in the possession of, the club.
If an owner for any reason becomes ineligible to lawfully possess a handgun, he is required to deliver it to the superintendent, a trooper at a State Police station, or an officer at a municipal police department within five days of losing his eligibility. The disqualified owner may either voluntarily surrender the handgun in accordance with N.J.S.2C:39-12 or attempt to sell the handgun to an individual who may lawfully purchase it. The bill grants a disqualified owner 60 days in which to sell the handgun, but specifies that during that period the handgun must remain in the custody of the superintendent, the municipal police, or the county prosecutor. If the disqualified owner is unable to sell the handgun during that period, the handgun becomes subject to the forfeiture provisions of N.J.S.2C:64-1 et seq. A disqualified owner who fails to turn in his handgun within the five day period would be guilty of a violation of subsection b. of N.J.S.2C:39-5. A violation of that subsection is a crime of the third degree and includes a mandatory term of imprisonment.
Owners who surrender their handguns are eligible for compensation payments. Under the bill, ten percent of the proceeds derived from the forfeiture of cash and property seized in connection with illegal activities are to be deposited in a "Handgun Surrender Compensation Fund." The amount of compensation to be paid to owners who voluntarily surrender their handguns is to be set forth in a schedule developed by the superintendent.
Finally, the bill provides that only antique handguns, or handguns that the superintendent has classified as collectible, commemorative, or curio may be passed on to an heir or legatee. In all other cases, the administrator of the estate must surrender the deceased owner's handgun to either the superintendent or the local chief of police. If qualified, the estate may be entitled to compensation from the "Handgun Surrender Compensation Fund" for the surrendered handgun.
http://www.njleg.state.nj.us/2008/Bills/A1000/681_I1.HTM
This bill restricts the sale, importation, possession and carrying of handguns except by certain authorized persons. Antique handguns and handguns determined by the Superintendent of State Police to be collectibles, commemoratives or curios are exempted. Authorized persons would include those presently permitted to possess and carry handguns for work-related purposes, including law enforcement officers and members of the military. The bill also provides, however, that a homeowner or a storeowner may acquire and possess a handgun for self-protection if they can demonstrate a "justifiable need." In addition, members of licensed pistol clubs would be permitted to purchase handguns, but those handguns must be delivered to, and remain in the possession of, the club.
If an owner for any reason becomes ineligible to lawfully possess a handgun, he is required to deliver it to the superintendent, a trooper at a State Police station, or an officer at a municipal police department within five days of losing his eligibility. The disqualified owner may either voluntarily surrender the handgun in accordance with N.J.S.2C:39-12 or attempt to sell the handgun to an individual who may lawfully purchase it. The bill grants a disqualified owner 60 days in which to sell the handgun, but specifies that during that period the handgun must remain in the custody of the superintendent, the municipal police, or the county prosecutor. If the disqualified owner is unable to sell the handgun during that period, the handgun becomes subject to the forfeiture provisions of N.J.S.2C:64-1 et seq. A disqualified owner who fails to turn in his handgun within the five day period would be guilty of a violation of subsection b. of N.J.S.2C:39-5. A violation of that subsection is a crime of the third degree and includes a mandatory term of imprisonment.
Owners who surrender their handguns are eligible for compensation payments. Under the bill, ten percent of the proceeds derived from the forfeiture of cash and property seized in connection with illegal activities are to be deposited in a "Handgun Surrender Compensation Fund." The amount of compensation to be paid to owners who voluntarily surrender their handguns is to be set forth in a schedule developed by the superintendent.
Finally, the bill provides that only antique handguns, or handguns that the superintendent has classified as collectible, commemorative, or curio may be passed on to an heir or legatee. In all other cases, the administrator of the estate must surrender the deceased owner's handgun to either the superintendent or the local chief of police. If qualified, the estate may be entitled to compensation from the "Handgun Surrender Compensation Fund" for the surrendered handgun.
