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
All Flags, No Fix: Michigan’s Real Public Safety Problem

News  

Monday, August 31, 2026

All Flags, No Fix: Michigan’s Real Public Safety Problem

Sorry, Michiganders, but the state has developed a serious problem with crime and consequences.

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

News  

Monday, August 31, 2026

Commerce Dept. Explains Why Unconstitutional Microstamping is Also Ineffective

On August 12, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) sent a letter to U.S. House Committee on Science, Space and Technology Chairman Brian Babin (R-Texas) reiterating what gun rights ...

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

News  

Monday, August 31, 2026

Biden-Era “Engaged in the Business” Rule (Again) Ruled Illegal

The anti-gun programs and policies of the Biden-Harris administration have been falling like dominoes, lately.

Australia Remains Committed to Eliminating Guns from the Law-Abiding

News  

Monday, August 31, 2026

Australia Remains Committed to Eliminating Guns from the Law-Abiding

It’s been a long time since Australia had relatively sensible gun laws.  While national regulations did not really come into play until the 1990s, the states and territories began imposing severe restrictions on lawful gun owners ...

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

News  

Monday, August 31, 2026

NRA-ILA Launches First-Ever National “Gun Bus Battleground Tour” to Mobilize Gun Owners for 2026 Midterms

FAIRFAX, Va. — The National Rifle Association Institute for Legislative Action (NRA-ILA) todaylaunched its first-ever national bus tour, the 2026 NRA’s Gun Bus Battleground Tour, a more than two month, 13-state campaign to energize and ...

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

News  

Monday, August 31, 2026

A New Era of Access for Hunters: Trump DOI Expands Opportunities in Historic Move

Heading into hunting season, America's sportsmen and women have another significant development from the Trump administration worth celebrating.

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

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.