2C:39-16.3 Trier of fact, defendant, requisite mental state, commit, firearm trafficking, conditions.
310 words·~1 min read·
/nj/title-2c/chapter-39/2c-39-16-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
3. a. In a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2), the trier of fact may infer that the defendant had the requisite mental state to commit a firearm trafficking violation if the defendant:
(1)transferred or planned to transfer the firearm within 45 days of the defendant's purchase and receipt of the firearm;
(2)sold three or more firearms to the other person within a one-year period;
(3)received compensation for the sale of the firearm to another person that was significantly above the fair market value of the firearm;
(4)did not conduct the transaction through a licensed retail dealer pursuant to paragraph
(2)of subsection a. or paragraph
(2)of subsection b. of N.J.S.2C:58-3; or
(5)did not abide by the requirements of paragraph
(3)of subsection a. or paragraph
(3)of subsection b. of N.J.S.2C:58-3 and did not provide a receipt or other documentation regarding the sale to the other person.
b. The provisions of N.J.S.2C:2-3 governing the causal relationship between conduct and result shall not apply in a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2).
c. In a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2), the defendant's actions outside of this State shall be sufficient for prosecution if the defendant knew or should have known that the recipient of the firearm intended to possess, transfer, dispose, sell, or otherwise transport the firearm in this State.
d. It shall not be a defense to a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2) that:
(1)the death or serious or significant bodily injury took place in a jurisdiction other than this State; or
(2)the decedent or victim contributed to their own death or serious bodily injury.
e. Nothing in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for any other offense.
L.2023, c.148, s.3.