By Michael Linhorst, Erinn Connor and Sachi Fujimori, The Record (Hackensack N.J.) –
HACKENSACK, N.J. — The man who police say killed 12 people in a Colorado movie theater early Friday was carrying an AR-15 assault rifle, a Remington 12-gauge shotgun and a 40-caliber Glock handgun, according to law enforcement officials. Another Glock pistol was found in the alleged shooter’s car.
In New Jersey – unlike Colorado – assault rifles like the AR-15 are illegal, and owning the other firearms involves a lengthy permit process. New Jersey law also places significant restrictions on where owners can carry their weapons.
“You can’t just go out one day and buy a gun,” said Drew Churchson, a member of the Waldwick Rifle and Pistol Club. “There are very steep fines and punishments for those who don’t follow the law.”
The tragedy in Colorado has focused attention on America’s gun laws, which vary widely from state to state. New Jersey bans more weapons and places more restrictions on firearm use than Colorado.
Federal law enforcement officials told The Washington Post that the gunman obtained all of his weapons legally. In New Jersey, however, assault rifles like the AR-15 have been banned since 1990. They also were prohibited by federal law until the Assault Weapons Ban expired in 2004, so their legality now varies among states.
According to the Brady Campaign to Prevent Gun Violence, New Jersey has the second-toughest gun control laws in the country. The organization gave New Jersey a score of 72 out of 100 for its firearm restrictions. California was tops with a score of 81. Colorado, by contrast, received a score of 15.
Pistols may be purchased in New Jersey after obtaining a license — one that involves an extensive background check. And a person who wants to carry a pistol in public must get a separate license, which is almost never granted.
In Colorado, state laws do not prohibit assault weapons. No permits are required to carry a firearm openly, and it is possible to get a concealed carry permit. A background check, but not a license, is required to buy a gun, according to Colorado state law.
The licensing process in New Jersey, through which prospective gun owners must wade, is lengthy. Residents must apply for a permit through their local police department or through the New Jersey State Police and submit to a background check. By law, permits are supposed to be issued within 30 days of application, but it usually takes longer. For rifles or other long arms, residents must apply for a New Jersey Firearms Identification Card.
Three years ago, gun laws in New Jersey were further tightened when Gov. Jon Corzine signed into law a limit on handgun purchases. Now, customers can buy only one handgun every 30 days.
To carry a firearm outside their houses or businesses, gun owners have to apply for a special license. The form’s instructions require applicants to explain “why they have a need to carry a firearm.” An applicant must also provide three endorsements from people who swear the applicant is a person of “good moral character and behavior and who is capable of exercising self control,” the instructions say.
Late last year, Gov. Chris Christie broke with many others in the Republican Party to oppose a federal “right-to-carry reciprocity” bill, which would have allowed people who have a valid permit to carry a weapon in their home state to carry their firearm in any other state.
But New Jersey gun advocates have argued against what some call “draconian” gun laws.
Evan Nappen, an attorney who has written several books about New Jersey gun laws, said the state’s prohibition on assault weapons is a “ridiculous ban that’s incredibly harsh and harmful.”
He said the term “assault firearms” in the law is “misapplied and carries with it a pejorative meaning.” Instead of preventing massacres like Friday’s in Colorado, such restrictions only create problems for hunters and other citizens interested in legal firearm possession, he said.
“Gun laws are absolutely irrelevant to stopping mad men who want to kill people,” Nappen said.
