Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

New Jersey: Firearm “Trafficking” Legislation Has Hidden Dangers For Honest Brokers

Wednesday, February 7, 2024

New Jersey: Firearm “Trafficking” Legislation Has Hidden Dangers For Honest Brokers

Beware, even if you are doing the right thing. 

This is a common refrain for New Jersey gun owners who are accustomed to bad gun laws that ensnare law-abiding citizens far too often.  Despite our warnings, more is on tap.  On Thursday February 8, the Senate Law & Public Safety Committee is picking up where they left off in 2023.  S.1425 is on the agenda, and it purports to go after gun traffickers, however, it could potentially do much more than that. 

Despite our warnings and objections, a nearly identical bill passed one chamber last year, but not the other. It failed to advance to the Governor as time ran out on the 2023 session.  We were spared by the clock last year, however, anti-gun lawmakers in Trenton are back with their recycled bad idea. 

First, let us be very clear.  We strongly oppose firearms trafficking, and although the rationale of preventing criminals from obtaining guns is a good one, this bill poses a threat to dealers and others the way it is currently constructed.  Fortunately, this issue is easily remedied by amending one phrase.

For there to be criminal conduct, the language of this bill says that a dealer “reasonably should know” that the transferee is prohibited.  This completely ignores the reality of the strict firearm transfer process in New Jersey.  Every transaction by a licensed dealer requires a NICS background check.  If NICS shows a purchaser is not prohibited, then that dealer is receiving permission from the State to lawfully transfer the firearm.  How is it that a dealer "reasonably should know" something about the purchaser when the State itself tells the dealer it is OK to transfer the firearm?  Alternatively, bad actors could still be punished by simply amending the language to “knows” the transaction is illegal.  For example, ignoring the NICS check or being aware that the lawful purchase was then going to be part of a straw purchase.  But a dealer that lawfully sells a gun by relying on the NICS process should not be subject to prosecution if that gun is then used illegally by someone else without their foreknowledge.

And please remember, current law already exists and harshly punishes gun trafficking.  A simple online search will show the New Jersey Attorney General taking victory laps after charging alleged traffickers.  This legislation is not only unnecessary, it is dangerous for all the new pitfalls it creates.  We are diligently working in Trenton to either defeat the bill or confine it to punishing only legitimate bad actors.  We are early in the legislative process with several more steps to go, but continue to follow these NRA-ILA alerts on this issue and any others impacting New Jersey NRA members.

 

TRENDING NOW
En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

News  

Tuesday, July 21, 2026

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to ...

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

News  

Tuesday, July 21, 2026

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

National Right-to-Carry Reciprocity has been a popular topic lately.  President Donald Trump brought it up during an appearance at a Mack Trucks facility in Macungie, Pa., on June 23, proclaiming, “National Right-to-Carry, we’re working on it.” 

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

U.S. House Passes Legislation to Block Credit Card Gun Registry

News  

Tuesday, July 14, 2026

U.S. House Passes Legislation to Block Credit Card Gun Registry

On July 14, 2026, the U.S. House passed H.R. 1181, the Protecting Privacy in Purchases Act. This important legislation, sponsored by Representative Riley Moore (R-WV-02), would prohibit credit card companies from tracking the purchases of ...

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

News  

Thursday, July 16, 2026

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

On July 16, 2026, Representatives Rudy Yakym (R-IN-02) and Pat Fallon (R-TX-04) introduced H.R. 9719, the Federal Lands Lawful Carry Act. This legislation would clarify that law-abiding Americans can carry firearms on federal land and ...

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

Friday, July 17, 2026

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

House and Senate leadership have appointed members to the Committee of Conference for Senate Bill 3064, which includes, among other things, a lifting of the ban on Sunday hunting and expansions for archery hunting.

Trump Reinforces Support for the Second Amendment During National AM250 Address

News  

Monday, July 13, 2026

Trump Reinforces Support for the Second Amendment During National AM250 Address

It may not need to be said, but we’ll keep saying it: Donald Trump is the most pro-Second Amendment president in the NRA’s history of protecting the right to keep and bear arms.  While the nation ...

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.