New Jersey Section 2C:39-16 –

New Jersey’s Strict Gun Trafficking Law – Section 2C:39-16

New Jersey has some of the strictest gun laws in the United States. One key law is Section 2C:39-16, which criminalizes being a leader of a firearms trafficking network. This law was enacted to crack down on organized efforts to illegally distribute firearms in New Jersey.

Overview of 2C:39-16

Section 2C:39-16 defines a “leader of a firearms trafficking network” as someone who “supervises, directs, organizes, finances, or manages” an operation trafficking at least five firearms illegally for profit¹. Being a leader of a gun trafficking network is a first-degree felony in New Jersey, punishable by 10-20 years in prison and a fine of up to $200,000².

The law targets kingpins who oversee large-scale gun running operations. Mere participants or underlings are charged under other statutes. 2C:39-16 aims to take down the masterminds orchestrating widespread arms trafficking.

Legislative Intent

The New Jersey Legislature passed 2C:39-16 in 2013 to curb illegal gun flow within the state. The law’s statement of purpose declares gun trafficking “a threat to public safety and homeland security” ¹. Trafficking networks undermine New Jersey’s strict gun laws by flooding the streets with firearms acquired out-of-state.

The Legislature intended 2C:39-16 to dismantle these pipelines at their source – the ringleaders overseeing the whole criminal enterprise. As one legislator said, “If we can cut off the supply, we can reduce gun violence” ³. The law equips prosecutors with potent tools to disrupt gun running operations.

Key Provisions

Section 2C:39-16 contains several important provisions:

• Harsh Penalties – As noted above, leading a gun trafficking network is a first-degree felony with stiff punishment. The law imposes mandatory prison time and hefty fines.
• Strict Liability – To be convicted, the defendant does not need to have personally trafficked guns or even known guns were trafficked. It is enough they managed an operation trafficking five or more firearms illegally¹.
• Powerful Investigative Tools – Prosecutors can subpoena documents and witnesses to uncover trafficking networks. Refusing to comply can itself be charged as a third-degree crime¹.
• Conspiracy Liability – The law imposes first-degree penalties on anyone conspiring with a trafficking leader¹. This deters go-betweens from aiding ringleaders.
• Enterprise Liability – Entities like businesses can be prosecuted for trafficking under accomplice liability principles⁴. This prevents gun runners from hiding behind “dummy” corporations.

Notable Prosecutions

New Jersey has brought several high-profile prosecutions under 2C:39-16:

• In 2015, an East Orange man received a 10-year sentence for leading a network that trafficked dozens of guns from Ohio⁵.
• In 2018, state prosecutors took down a trafficking ring smuggling guns from Georgia and South Carolina to Camden. The two ringleaders got 16 years in prison.
• In 2022, the leader of a trafficking enterprise that imported and resold ghost guns received 20 years imprisonment.

These cases show 2C:39-16 provides law enforcement a potent tool for dismantling gun pipelines at their highest levels. The law has put major traffickers behind bars for long periods.

Federal vs. State Law Comparison

New Jersey’s anti-trafficking law differs from federal statutes in important respects:

• Federal law requires knowledge or reasonable cause to believe guns would be trafficked illegally. Section 2C:39-16 has no similar mens rea requirement.
• The federal penalty for trafficking is up to 15 years per violation. New Jersey imposes 10-20 years for leading a trafficking network.
• Federal law requires trafficking of five or more guns in a single transaction. The state statute is triggered by trafficking five guns overall in a continuing operation.

So New Jersey law casts a wider net and imposes harsher punishment on kingpins than federal statutes.

Constitutional Challenges

Defense attorneys have challenged 2C:39-16 as unconstitutionally vague and violating due process for lacking a mens rea requirement. But New Jersey courts have consistently upheld the law as constitutional, finding it gives adequate notice of prohibited conduct. As one court put it, the statute clearly informs citizens that “orchestrating an illegal gun trafficking scheme will lead to criminal liability” ^{https://law.justia.com/cases/new-jersey/appellate-division-published/2019/a2437-17.html}.

Policy Debate

Section 2C:39-16 has been controversial. Supporters argue the law is necessary to stem the iron pipeline of illegal guns into New Jersey. But critics contend the statute:

• Sweeps too broadly and risks penalizing marginal actors, not just kingpins
• Imposes excessive punishment disproportionate to the offense
• Threatens due process by diluting mens rea requirements
• Goes beyond federal law and infringes the right to bear arms

Reasonable minds disagree on this policy debate. But the statute remains New Jersey law, upheld by the courts.

Conclusion

Section 2C:39-16 provides prosecutors a powerful tool to dismantle gun trafficking enterprises. The law has put major ringleaders behind bars for long periods. But critics question whether the broad statute goes too far in sacrificing mens rea and proportionality. The policy debate over 2C:39-16 will likely continue in New Jersey’s legal community.