New Jersey Section 2C:58-9 – Certain convictions to be reported

New Jersey’s Reporting Requirement for Non-Citizens Convicted of Firearms Offenses

New Jersey has a law, Section 2C:58-9 of the New Jersey Code of Criminal Justice, that requires the reporting of certain firearms convictions of non-citizens. This law, which has been on the books for many years, aims to ensure that federal immigration authorities are notified when a non-citizen is convicted of serious firearms offenses in New Jersey.

Overview of the Law

Section 2C:58-9 states that “every conviction under any provision of chapter 39 of this code of a person who is not a citizen of the United States, shall be certified to the proper officer of the United States Bureau of Citizenship and Immigration Services.” Chapter 39 covers the state’s laws on firearms, dangerous weapons, and instruments of crime.

So in essence, the law requires local and state law enforcement in New Jersey to report any conviction of a non-citizen under the firearms and weapons laws to federal immigration officials. This reporting enables immigration authorities to be aware of these types of convictions, which may impact an individual’s immigration status or eligibility to remain in the United States.

Convictions That Must Be Reported

The convictions that must be reported under 2C:58-9 involve chapter 39 offenses such as:

• Unlawful possession of weapons and dangerous instruments
• Possession of firearms for unlawful purposes
• Unlawful possession of assault firearms
• Manufacture, transport, disposition of assault firearms
• Handgun possession without a permit
• Possession of firearms by minors
• Possession of machine guns, handguns with silencers
• Disarming a law enforcement officer

This covers a wide range of serious firearms violations – essentially any conviction under New Jersey’s laws regulating firearms and dangerous weapons. So if a non-citizen is convicted of any of these chapter 39 offenses, that conviction must be reported to federal immigration officials.

Purpose and Rationale of the Law

The evident purpose of Section 2C:58-9 is to ensure that immigration authorities are aware when a non-citizen is convicted of a serious firearms offense in New Jersey. This serves a few policy goals:

• It facilitates federal monitoring of non-citizens who commit firearms crimes, which may indicate a public safety risk.
• It allows immigration officials to take action if the conviction makes the non-citizen removable under immigration law. Certain firearms offenses can render a non-citizen deportable.
• It promotes information sharing and cooperation between state/local law enforcement and federal immigration regarding non-citizens involved in firearms violations.

So in essence, the law aims to protect public safety by ensuring federal immigration authorities can respond appropriately when a non-citizen is convicted of a firearms crime in New Jersey. It also facilitates enforcement of federal immigration laws by reporting relevant convictions.

Legal Obligations for Defendants and Attorneys

For non-citizen defendants and their attorneys, Section 2C:58-9 has some key legal implications to keep in mind:

• Immigration consequences: They must be aware that a conviction under chapter 39 will be reported and could trigger immigration enforcement action. This should inform legal strategy and plea agreements.
• Mitigation options: Defense counsel can argue for plea deals to lesser charges, pre-trial diversion, or exceptions that avoid a reportable conviction. Creative plea bargaining may avoid immigration consequences.
• Advocacy avenues: Attorneys can lobby prosecutors to exercise discretion and not pursue chapter 39 charges against non-citizens when facts allow. They can cite consequences and argue for alternative resolutions.
• Client advising: Advocates have a duty to advise non-citizen clients that certain pleas/convictions will be reported to immigration authorities under 2C:58-9. This allows clients to make informed decisions.

So while Section 2C:58-9 imposes reporting requirements, the law does not completely eliminate options for avoiding immigration consequences through effective legal advocacy.

The Future of “Sanctuary State” Laws

Some states and localities have embraced “sanctuary” policies that limit cooperation with federal immigration enforcement. In recent years, New Jersey has implemented laws aimed at curtailing state and local involvement in federal immigration actions against non-citizens.

However, New Jersey’s reporting requirement under Section 2C:58-9 remains in effect. And courts have generally upheld these types of notification laws as constitutionally permissible.

Looking ahead, it is unclear whether New Jersey will reconsider 2C:58-9 as part of its broader “sanctuary” focus. The legislature could revisit the law amid changing political attitudes on immigration enforcement. But for now, the reporting requirement remains binding for state and local authorities when a non-citizen is convicted of covered firearms offenses.

So in summary, Section 2C:58-9 is a longstanding New Jersey law that promotes public safety, federal-state cooperation, and enforcement of immigration laws by requiring the reporting of certain firearms convictions of non-citizens. While controversial, it has so far withstood legal challenges. Attorneys in New Jersey must remain cognizant of 2C:58-9 and advise non-citizen clients accordingly. And the future direction of the law may depend on the continued evolution of immigration policies and enforcement priorities in New Jersey.