McGreevey Directs Attorney General to Address Lapse of Federal Assault Weapons Ban

New Jersey still has the toughest and most comprehensive ban in the United States, but the availability of assault weapons elsewhere could create an enhanced danger in the Garden State

(HAMILTON) – Governor James E. McGreevey today signed an executive order directing Attorney General Peter C. Harvey to convene a task force that will respond to issues raised by the expiration of the federal assault weapons ban.

The Federal law, signed in 1994 by President Clinton, included a clause that would allow it to expire today – 10 years after its enactment – if Congress failed to renew it. It appears that the Federal government will allow the ban to lapse today.

That lapse will not change New Jersey’s own ban on assault weapons, which was enacted earlier – in 1990 – and is still the toughest and most comprehensive assault weapons ban in the United States.

“New Jersey’s ban on assault weapons is still the strongest in the Nation. But with the lapse of the Federal ban, these deadly weapons will be readily available nearly everywhere else in the United States. Only six other states have their own laws banning these weapons. After today, Uzis and AK-47s will be readily available in 43 other States,” Governor McGreevey said. “We have already seen a problem in which guns purchased in other States surface in crimes committed in New Jersey. And now, law enforcement officials are expressing their concern that assault weapons purchased elsewhere will wind up in the hands of criminals on our streets,” the Governor continued.

“Assault weapons like Uzis and AK-47s have no legitimate civilian use. They are used by drug dealers, gun-runners and other violent criminals. New Jersey’s ban and the Federal on these weapons was never about denying the rights of hunters and collectors. It is about protecting our citizens – particularly our law enforcement officers, the men and women who put their lives on the line every day,” the Governor said. “If the Federal government fails to act, New Jersey must act to keep our police and citizens safe.”

Assault weapons are military weapons. Their hallmarks include a high ammunition capacity; features to enhance control during rapid firing; and devices that make them easier to conceal or carry. The Governor pointed out that these features make assault weapons useful for committing crimes, but provide no legitimate use except military use. Their use by criminals – and their ability to pierce body armor – makes these weapons especially dangerous to law enforcement officers.

FBI data shows that one in five law enforcement officers killed in the line of duty is killed with an assault weapon. More than 75 percent of law enforcement officers killed in the line of duty with a rifle were killed with an assault rifle.

With the lapse of the Federal ban, it will still be illegal to buy an assault rifle in another State and bring it to New Jersey. But the concern among law enforcement officials is that, with more assault weapons available nationwide, more assault weapons will be able to make their way illegally into the Garden State.

New Jersey’s own tough gun laws have helped keep the State safer than other states. In 2000 there were 341 gun deaths in New Jersey, compared with 1,093 in New York and 1,256 in Pennsylvania.

But, even with both bans active, assault weapons have managed to find their way into New Jersey. State Police data compiled between May 30, 1990 and October 31, 2003, show New Jersey has seen 1,219 criminal offenses involving assault weapons, including 29 murders, 177 armed robberies and 116 aggravated assaults.

The Governor acknowledged that there is no quick and easy solution to the dangers posed by the lapse of the Federal ban. But the executive order he signed today will get a solution started, the Governor said.

The order directs Attorney General Harvey to convene a task force with representatives from all relevant segments of the law enforcement community, including prosecutors, police and sheriff’s departments, and other agencies. The task force will work with the Attorney General to craft a plan to address issues raised by the lapse of the Federal ban.

In developing the plan, the Attorney General and the task force will review current State laws and policies to see what changes are needed to address the increased threat. The plan may include legislative changes, including enhanced penalties or other measures against gun smuggling.

If I remember correctly, what happened was the New Jersey Republicans took over the Legislature in Florio's mid-term and passed a bill repealing Florio's Assault Rifle Ban.

The nasty little ex-pugilist Florio took to the airwaves and attacked the New Jersey Republicans and he vetoed their repeal bill. The New Jersey Repubs HAD the votes to override Florio's veto of his assault rifle ban, but before the vote was due, they had a secret little conclave. When the conclave was over, they decided not to override. What happened in the smoke-filled rooms of the New Jersey Republican Party where they all lost their testacles is beyond me. They went in as men and walked out as capons.

My guess is some Rockefeller Republicans talked them out of the repeal - people like the Keans, Senator Bob Martin, etc.
But I'm only guessing. Only the fly on wall knows for sure, but the real point is Florio glared and they flinched.

When Chrissie Whitman, the ex-NRA poster girl was elected, she staunchly refused to support any pro-gun legislation and refused to state she veto any new anti-gun laws.

"Assault weapons are military weapons. Their hallmarks include a high ammunition capacity; features to enhance control during rapid firing; and devices that make them easier to conceal or carry. The Governor pointed out that these features make assault weapons useful for committing crimes, but provide no legitimate use except military use".

What the hell does this FOOL think that the citizen militia mentioned in the second amendment gears supposed to use?Spit Balls?!!!

Gun grabbers are increasingly trying to separate the right to keep and bear arms from its constitutional underpinnings. To everyone but liberals and gun grabbers the word militia implies a body organized for military use. The Supreme Court Miller decision of 1939 held that the militia was 'A body of citizens enrolled for military discipline.' And further that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

To begin with, only the national government was represented at the trial. With nobody arguing to the contrary, the court followed standard court procedure and assumed that the law was constitutional until proven otherwise. If both sides were present, the outcome may have been much different.

However, since only one party showed up, the case will stand in the court records as is. As to the militia, Mr. Justice McReynolds related the beliefs of the Founding Fathers when commenting historically about the Second Amendment. He stated that, ". . .The common view was that adequate defense of country and laws could be secured through the militia- civilians primarily, soldiers on occasion.

"The significance attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense.

It is clear that the firearms that are most suited for modern-day militia use are those semi automatic military pattern weapons that the yellow press calls "assault weapons". Since nations such as the Swiss trust their citizenry with true selective fire assault rifles, it seems to me that this country ought to be at least able to trust its law-abiding citizenry with the semi automatic version.

Self-defense is a vital corollary benefit of the constitutional right to keep and bear arms. But its primary constitutional reason for being is for service in the well-regulated militia which is necessary to the security of a free state. WE must be prepared to maintain that security against even our own forces that are responding to the orders of a tyrannical government, and the only viable way to counter a standing army's qualitative advantage is with a huge quantitative one. Don't let the gun grabbers and their politician allies separate us from the constitutional reason for the right to keep and bear arms. Miltary pattern weapons are precisly the weapons that should be MOST constitutionally protected. Even defenders of the right often neglect the constitutional aspect of it, and concentrate on their near non-existent use in crime.

Gun grabbers love to haul out their straw man argument of tanks, howitzers, bazookas, flame throwers, satchel charges, whenever we defenders of the constitution reference the type of modern day INDIVIDUAL military small arm protected by Amendment #2.

Now let's address the gun grabber straw man. We need to make those type of CREW SERVED weapons available at some level to the well regulated (meaning well trained, organized and disciplined) militia that is formed as a military unit to meet whatever threat that it is appropriate for them to use such weapons as a unit. These weapons would be maintained and stored for use by such units as a formed body.

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