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A1175
ASSEMBLY, No. 1175
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Hunterdon, Somerset and Warren)
Co-Sponsored by:
Assemblywomen Dunn, Fantasia, Assemblymen Myhre and Kanitra
SYNOPSIS
���� Clarifies that BB guns are not firearms under New
Jersey law.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning firearms and amending N.J.S.2C:39-1.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.2C:39-1 is amended
to read as follows:
���� 2C:39-1.� Definitions.� The
following definitions apply to this chapter and to chapter 58:
���� a.���� "Antique
firearm" means any rifle or shotgun and "antique cannon" means a
destructive device defined in paragraph (3) of subsection c. of this section,
if the rifle, shotgun or destructive device, as the case may be, is incapable
of being fired or discharged, or which does not fire fixed ammunition,
regardless of date of manufacture, or was manufactured before 1898 for which
cartridge ammunition is not commercially available, and is possessed as a
curiosity or ornament or for its historical significance or value.
���� 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.
���� c.���� "Destructive
device" means any device, instrument or object designed to explode or
produce uncontrolled combustion, including (1) any explosive or incendiary
bomb, mine or grenade; (2) any rocket having a propellant charge of more than
four ounces or any missile having an explosive or incendiary charge of more
than one-quarter of an ounce; (3) any weapon capable of firing a projectile of
a caliber greater than 60 caliber, except a shotgun or shotgun ammunition
generally recognized as suitable for sporting purposes; (4)� any Molotov
cocktail or other device consisting of a breakable container containing
flammable liquid and having a wick or similar device capable of being ignited.�
The term does not include any device manufactured for the purpose of illumination,
distress signaling, line-throwing, safety or similar purposes.
���� d.��� "Dispose of"
means to give, give away, lease, loan, keep for sale, offer, offer for sale,
sell, transfer, or otherwise transfer possession.
���� e.���� "Explosive"
means any chemical compound or mixture that is commonly used or is possessed
for the purpose of producing an explosion and which contains any oxidizing and
combustible materials or other ingredients in such proportions, quantities or
packing that an ignition by fire, by friction, by concussion or by detonation
of any part of the compound or mixture may cause such a sudden generation of
highly heated gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects.� The term shall not
include small arms ammunition, or explosives in the form prescribed by the
official United States Pharmacopoeia.
���� f.���� "Firearm"
means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic
rifle, or any gun, device or instrument in the nature of a weapon from which
may be fired or ejected any solid projectable ball, slug, pellet, missile or
bullet, or any gas, vapor or other noxious thing, by means of a cartridge or
shell or by the action of an explosive or the igniting of flammable or
explosive substances.� It shall also include,
[
without
limitation
]
except as hereinafter provided
, any firearm which is in the nature of an
air gun, spring gun or pistol or other weapon of a similar nature in which the
propelling force is a spring, elastic band, carbon dioxide, compressed or other
gas or vapor, air or compressed air, or is ignited by compressed air, and
ejecting a bullet or missile smaller than three-eighths of an inch in diameter,
with sufficient force to injure a person.�
It shall not include any air gun
or pistol which uses air, compressed air or carbon dioxide as the propelling
force to eject a ball or non-pointed pellet that does not exceed .177 caliber
at a muzzle velocity of less than 500 feet per second, commonly referred to as
a BB gun.
���� g.��� "Firearm
silencer" means any instrument, attachment, weapon or appliance for
causing the firing of any gun, revolver, pistol or other firearm to be silent,
or intended to lessen or muffle the noise of the firing of any gun, revolver,
pistol or other firearm.
���� h.��� "Gravity
knife" means any knife which has a blade which is released from the handle
or sheath thereof by the force of gravity or the application of centrifugal
force.
���� i.���� "Machine gun"
means any firearm, mechanism or instrument not requiring that the trigger be
pressed for each shot and having a reservoir, belt or other means of storing
and carrying ammunition which can be loaded into the firearm, mechanism or instrument
and fired therefrom.
���� j.���� "Manufacturer"
means any person who receives or obtains raw materials or parts and processes
them into firearms or finished parts of firearms, except a person who
exclusively processes grips, stocks and other nonmetal parts of firearms.� The
term does not include a person who repairs existing firearms or receives new
and used raw materials or parts solely for the repair of existing firearms.
���� k.��� "Handgun"
means any pistol, revolver or other firearm originally designed or manufactured
to be fired by the use of a single hand.
���� l.���� �Retail dealer"
means any person including a gunsmith, except a manufacturer or a wholesale
dealer, who sells, transfers or assigns for a fee or profit any firearm or
parts of firearms or ammunition which he has purchased or obtained with the
intention, or for the purpose, of reselling or reassigning to persons who are
reasonably understood to be the ultimate consumers, and includes any person who
is engaged in the business of repairing firearms or who sells any firearm to
satisfy a debt secured by the pledge of a firearm.
���� m.�� "Rifle" means
any firearm designed to be fired from the shoulder and using the energy of the
explosive in a fixed metallic cartridge to fire a single projectile through a
rifled bore for each single pull of the trigger.
���� n.��� "Shotgun"
means any firearm designed to be fired from the shoulder and using the energy
of the explosive in a fixed shotgun shell to fire through a smooth bore either
a number of ball shots or a single projectile for each pull of the trigger, or
any firearm designed to be fired from the shoulder which does not fire fixed
ammunition.
���� o.��� "Sawed-off
shotgun" means any shotgun having a barrel or barrels of less than 18
inches in length measured from the breech to the muzzle, or a rifle having a
barrel or barrels of less than 16 inches in length measured from the breech to
the muzzle, or any firearm made from a rifle or a shotgun, whether by
alteration, or otherwise, if such firearm as modified has an overall length of
less than 26 inches.
���� p.��� "Switchblade
knife" means any knife or similar device which has a blade which opens
automatically by hand pressure applied to a button, spring or other device in
the handle of the knife.
���� q.��� "Superintendent"
means the Superintendent of the State Police.
���� r.���� "Weapon"
means anything readily capable of lethal use or of inflicting serious bodily
injury.� The term includes, but is not limited to, all (1) firearms, even
though not loaded or lacking a clip or other component to render them
immediately operable; (2) components which can be readily assembled into a
weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or
other dangerous knives, billies, blackjacks, bludgeons, metal knuckles,
sandclubs, slingshots, cesti or similar leather bands studded with metal
filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or
other device which projects, releases, or emits tear gas or any other substance
intended to produce temporary physical discomfort or permanent injury through being
vaporized or otherwise dispensed in the air.
���� s.���� "Wholesale
dealer" means any person, except a manufacturer, who sells, transfers, or
assigns firearms, or parts of firearms, to persons who are reasonably
understood not to be the ultimate consumers, and includes persons who receive
finished parts of firearms and assemble them into completed or partially
completed firearms, in furtherance of such purpose, except that it shall not
include those persons dealing exclusively in grips, stocks and other nonmetal
parts of firearms.
���� t.���� "Stun gun"
means any weapon or other device which emits an electrical charge or current
intended to temporarily or permanently disable a person.
���� u.��� "Ballistic
knife" means any weapon or other device capable of lethal use and which
can propel a knife blade.
���� v.��� "Imitation
firearm" means an object or device reasonably capable of being mistaken
for a firearm.
���� w.�� "Assault
firearm" means:
���� (1)�� The following firearms:
���� Algimec AGM1
type
���� Any shotgun with a revolving
cylinder such as the "Street Sweeper" or "Striker 12"
���� Armalite AR-180 type
���� Australian Automatic Arms SAR
���� Avtomat Kalashnikov type
semi-automatic firearms
���� Beretta AR-70 and BM59
semi-automatic firearms
���� Bushmaster Assault Rifle
���� Calico M-900 Assault carbine
and M-900
���� CETME G3
���� Chartered Industries of
Singapore SR-88 type
���� Colt AR-15 and CAR-15
series
���� Daewoo K-1, K-2, Max 1 and Max
2, AR 100 types
���� Demro TAC-1 carbine type
���� Encom MP-9 and MP-45 carbine
types
���� FAMAS MAS223 types
���� FN-FAL, FN-LAR, or FN-FNC
type semi-automatic firearms
���� Franchi SPAS 12 and LAW 12
shotguns
���� G3SA type
���� Galil type Heckler and Koch
HK91, HK93, HK94, MP5, PSG-1
���� Intratec TEC
9 and 22 semi-automatic firearms
���� M1 carbine type
���� M14S type
���� MAC 10, MAC
11, MAC 11-9mm carbine type firearms
���� PJK M-68 carbine type
���� Plainfield Machine Company
Carbine
���� Ruger K-Mini-14/5F and
Mini-14/5RF
���� SIG AMT, SIG 550SP, SIG 551SP,
SIG PE-57 types
���� SKS with detachable magazine
type
���� Spectre Auto carbine type
���� Springfield Armory BM59 and
SAR-48 type
���� Sterling MK-6, MK-7 and SAR
types
���� Steyr A.U.G. semi-automatic
firearms
���� USAS 12 semi-automatic type
shotgun
���� Uzi type semi-automatic
firearms
���� Valmet M62, M71S, M76, or M78
type semi-automatic firearms
���� Weaver Arm Nighthawk.
���� (2)�� Any firearm manufactured
under any designation which is substantially identical to any of the firearms
listed above.
���� (3)�� A semi-automatic shotgun
with either a magazine capacity exceeding six rounds, a pistol grip, or a
folding stock.
���� (4)�� A semi-automatic rifle
with a fixed magazine capacity exceeding 15 rounds.
���� (5)�� A part or combination of
parts designed or intended to convert a firearm into an assault firearm, or any
combination of parts from which an assault firearm may be readily assembled if
those parts are in the possession or under the control of the same person.
���� x.��� "Semi-automatic"
means a firearm which fires a single projectile for each single pull of the
trigger and is self-reloading or automatically chambers a round, cartridge, or
bullet.
���� y.��� "Large capacity
ammunition magazine" means a box, drum, tube or other container which is
capable of holding more than 15 rounds of ammunition to be fed continuously and
directly therefrom into a semi-automatic firearm.
���� z.���� "Pistol grip"
means a well-defined handle, similar to that found on a handgun, that protrudes
conspicuously beneath the action of the weapon, and which permits the shotgun
to be held and fired with one hand.
���� aa.�� "Antique
handgun" means a handgun manufactured before 1898, or a replica thereof,
which is recognized as being historical in nature or of historical significance
and either (1) utilizes a match, friction, flint, or percussion ignition, or
which utilizes a pin-fire cartridge in which the pin is part of the cartridge
or (2) does not fire fixed ammunition or for which cartridge ammunition is not
commercially available.
���� bb.� "Trigger lock"
means a commercially available device approved by the Superintendent of State
Police which is operated with a key or combination lock that prevents a firearm
from being discharged while the device is attached to the firearm.� It may
include, but need not be limited to, devices that obstruct the barrel or
cylinder of the firearm, as well as devices that immobilize the trigger.
���� cc.�� "Trigger locking
device" means a device that, if installed on a firearm and secured by
means of a key or mechanically, electronically or electromechanically operated
combination lock, prevents the firearm from being discharged without first deactivating
or removing the device by means of a key or mechanically, electronically or
electromechanically operated combination lock.
���� dd.� "Personalized
handgun" means a handgun which incorporates within its design, and as part
of its original manufacture, technology which automatically limits its
operational use and which cannot be readily deactivated, so that it may only be
fired by an authorized or recognized user.� The technology limiting the
handgun's operational use may include, but not be limited to:� radio frequency
tagging, touch memory, remote control, fingerprint, magnetic encoding and other
automatic user identification systems utilizing biometric, mechanical or
electronic systems.� No make or model of a handgun shall be deemed to be a
"personalized handgun" unless the Attorney General has determined,
through testing or other reasonable means, that the handgun meets any
reliability standards that the manufacturer may require for its commercially
available handguns that are not personalized or, if the manufacturer has no
such reliability standards, the handgun meets the reliability standards
generally used in the industry for commercially available handguns.
(cf: P.L.2002, c.130, s.5)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill revises the
definition of �firearm� to clarify that BB guns are not firearms and,
therefore, are not subject to New Jersey�s strict firearms licensing and
permitting statutes.��