June 12, 2008 - 5:31pm
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GUSCIORA BILL TO BAN MILITARY-STYLE .50-CALIBER GUNS ADVANCES

Assembly Democrats News Release

GUSCIORA BILL TO BAN MILITARY-STYLE .50-CALIBER GUNS ADVANCES
Potentially Destructive Military-Grade Weapons Pose Security Threat to NJ

(TRENTON) - Legislation Assemblyman Reed Gusciora sponsored that would ban the sale of .50-caliber rifles - powerful battlefield-styled weapons that would be devastatingly lethal in the hands of terrorists - was released today from the Assembly Judiciary Committee.

If enacted, New Jersey would join California as the second state to ban the sale or possession of these weapons.

Gusciora said his measure (A-2116) gained increased significance after six men were charged in May 2007 with planning an assault on Fort Dix with the goal of "killing as many soldiers as possible," using military-grade weapons, like mortars, rocket-propelled grenades, and AK-47s.

"In a post-9/11 society, there is simply no reason for .50-caliber weapons to be available for civilian use," said Gusciora (D-Mercer). "With the continued rise in gang violence across the state and the fact that New Jersey possesses numerous chemical plants and rail yards vulnerable to attack by .50-caliber weapons, we have a serious responsibility to stop these inherently deadly weapons from falling into the wrong hands."

According to Gusciora, .50-caliber assault rifles are prized for their long-range accuracy capacity to disable or destroy parked aircraft, armored personnel carriers, rail tank cars, bulk fuel storage, and concrete bunkers in war zones.

The legislator said the measure would reduce the potential for such weapons falling into the hands of terrorists.

Currently, .50-caliber weapons are available for purchase at New Jersey gun shops by anyone who possesses proper identification and passes a simple background check.  The weapon has a firing range of up to 2,000 yards and its ammunition is the largest round available in the civilian marketplace.

Variations of the ammunition with armor-piercing, incendiary, and explosive capabilities also are readily available for purchase.

The legislation would revise the definition of a "destructive device" to include weapons of .50-caliber or greater, making it unlawful to possess the powerful weapons. The current definition only applies to weapons .60-caliber or greater and explosive or incendiary devices.

The bill includes an exemption for antique firearms, antique handguns, and traditional  muzzle loader rifles, as well as a "grandfather" provision to allow persons who already lawfully posses a firearm of .50-caliber or greater to continue to legally possess their large caliber weapon.

Gusciora said the assault-style weapons has no legitimate sporting purpose.

"Fifty-caliber guns are inappropriate and unnecessary for civilian use and sale," said Gusciora. "These are military weapons designed specifically for the battlefield. There is no justifiable reason they should be available in the open market.  "

Under the measure, a person illegally possessing a .50-caliber weapon would be guilty of a third-degree crime punishable by a $15,000 fine and up to five years in prison.

The measure was released 5 to 1. It now heads to the Assembly Speaker who will decide if and when to post it for a floor vote.

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GITA BAJAJ can be reached via email at gbajaj@njleg.org.