Gun traffickers face stiff new penalties in NJ. Here's why

People trafficking guns now face even stricter penalties if the weapon is used in New Jersey, because of a new law signed by the governor on Wednesday.

Gov. Phil Murphy said before signing the bill that the goal of this legislation and other bills like it is to “crush the iron pipeline.”

“These new laws have made our communities safer and parents — myself included, I might add — sleep easier at night,” Murphy said. “Going up against the gun lobby is no small task. The industry keeps filing bogus lawsuits against our state’s gun safety laws in the hopes that some court will strike them down. I would just say if they want a fight, we will give them one.”

Murphy noted that New Jersey has maintained its reputation as being among the states with the lowest rates of gun violence by “putting safety and the needs of our families first.”

What does the new law do?

The law creates strict liability criminal penalties for gun trafficking if it results in bodily injury or death if the weapon is used during a crime. If someone dies, the trafficker faces up to 20 years in prison, fines as high as $200,000, or both. If someone is hurt, the trafficker faces up to 10 years in prison, fines as high as $150,000, or both.

In the new law, the state considers trafficking “unlawfully transferring a handgun, rifle or shotgun to any person who is not a licensed dealer or does not possess the requisite firearms purchaser identification card or permit to purchase a handgun.” It’s also considered trafficking if the recipient is under 18 or disqualified.

Gun reform remains a focus

Gun reform has been a focus for Murphy during his second term. Sweeping legislation to limit concealed carrying of guns was signed into law last December and remains in litigation after it was initially challenged by gun rights advocates within hours of being signed.

That suit was filed in federal court, where U.S. District Judge Renée Marie Bumb issued a decision saying the reforms were “aimed primarily — not at those who unlawfully possess firearms — but at law-abiding, responsible citizens.” She also said the law to limit where concealed weapons could be carried went “too far” and called the law “plainly unconstitutional.”

That ruling limited the enforcement of the new law and the restrictions on where the concealed carrying of guns is allowed. The ruling did note that most of the permitting requirements are "consistent with the Second Amendment."

The state filed an appeal and said the “district court erred in preliminarily enjoining vast swaths of New Jersey’s sensitive-places and private-property provisions.”

The 3rd Circuit Court of Appeals dismissed a challenge to the state's "public nuisance" law last week, ensuring that the state can sue the gun industry for the “sale, manufacturing, distribution, importing, or marketing of a gun-related product.”

Earlier: Platkin says federal stay 'vindicates' NJ gun reform efforts. Here's why

More: NJ scores victory in federal court over concealed carry gun legislation

Reacting to the Bruen decision

Legislation regarding gun reform came in response to the United States Supreme Court decision in New York State Rifle & Pistol Association Inc. v. Bruen. In that decision, the court struck down New York's concealed carry law and, Bumb said, "in doing so, acknowledged the unconstitutionality of analogous statutes in other states.”

The Association of New Jersey Rifle & Pistol Clubs filed its lawsuit just hours after Murphy signed the legislation. A second suit was filed days later by Ronald Koons, Nicholas Gaudio and Jeffrey Muller, as well as the organizations of which they are members: the Second Amendment Foundation, Firearms Policy Coalition Inc., the Coalition of New Jersey Firearm Owners and the New Jersey Second Amendment Society. The two lawsuits have since been consolidated.

Earlier this year, Bumb ruled that the state could not enforce its concealed carry gun restrictions at parks, beaches, recreation facilities, casinos, public libraries and museums, restaurants and bars that serve alcohol, and entertainment venues like stadiums and concert halls.

The gun ban at other places that had been challenged — including airports, medical facilities, playgrounds, youth sporting events and zoos — remained in effect because, the judge said, the plaintiffs have “not come forward with strong historical evidence” to support their claim that the ban should be overturned.

A later ruling by Bumb also allowed for concealed carry to be permitted at public gatherings, demonstrations and events that require a government permit and reversed the ban at zoos and medical facilities. That ruling upheld the ban at playgrounds and youth sports events.

Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com

This article originally appeared on NorthJersey.com: NJ gun trafficking law imposes strict new penalties for death, injury