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A bipartisan bill in the Assembly would make it more likely that those who steal guns go to prison.

(Patti Sapone/The Star-Ledger)

TRENTON — Those convicted of stealing guns in New Jersey would be more likely to face prison time under bipartisan legislation that was introduced Thursday.

Under New Jersey law, third-and fourth-degree crimes, which includes the theft of items under $75,000, carry a "presumption of non-imprisonment" for first-time offenders. The bill (A2916) would strip away that presumption for someone convicted of stealing a firearm.

“When you take that out, there’s a presumption that there would be incarceration,” said state Assemblyman Reed Gusciora (D-Mercer), a sponsor.

Assembly Minority Leader Jon Bramnick (R-Union), another sponsor, said stolen guns are often used in violent crimes.

“This act is more serious than stealing property. This bill sends a message to criminals that they will face severe consequences for stealing a firearm,” Bramnick said. “This is a necessary step to help curb the incidence of violent crime.”

Gusciora — a municipal prosecutor in Princeton, Lawrence and Hopewell Borough — said judges would still have discretion in whether to send offenders to prison. But he said change in law would strongly signal tot hem that the gun thief should be jailed.

“We are strongly urging judges and sending the message that this person needs to go to jail. It’s up to the judge to determine what the sentence is. But I want the judges to be aware that this person should go to prison,” Gusciora said.

Gusciora is one of the most liberal lawmakers in Trenton. In addition to Bramnick, Assemblyman Jack Ciattarelli (R-Somerset) is sponsoring the bill.

“I think this is a gun right-left alliance on gun control,” Gusciora said. “We want guns off the streets and they want guns off the streets.”

The state Senate last year passed a bill that would increase the statute of limitations for prosecution of gun theft from five years to ten years, but it did not make it through the Assembly.

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