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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.

 

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Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

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Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Friday, January 30, 2026

NRA Files Amicus Brief Urging Supreme Court to Strike Down Firearm Prohibition for Marijuana Users

Today, the National Rifle Association, along with the Independence Institute and FPC Action Foundation, filed an amicus brief urging the U.S. Supreme Court to strike down the federal prohibition on firearm possession by marijuana users.

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

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Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Oregon: Gun Control Scheduled for Day One of Session!

Saturday, January 31, 2026

Oregon: Gun Control Scheduled for Day One of Session!

On Monday, February 2nd, the Oregon Legislature will convene for the 2026 session, and gun control is already queued up for the first day of session.

Arizona: Firearm Bills on the Move

Friday, January 16, 2026

Arizona: Firearm Bills on the Move

On Wednesday, January 21st, the Senate Committee on Public Safety will hold a hearing on Senate Bill 1058, regarding gun owner privacy. 

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tuesday, January 27, 2026

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tomorrow, the New Mexico Senate Health & Public Affairs Committee is scheduled to hold a hearing on an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten ...

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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.