Pascrell Calls For Tougher Weapons Penalities In Wake Of Arrest In Nutley Of Man Possessing Pipe Bombs

Press Release

The arrest of a Nutley man who possessed seven deadly pipe bombs spurred U.S. Rep. Bill Pascrell, Jr. (D-NJ-8) to contact N.J. Attorney General Anne Milgram today and call for tougher weapons penalties. A copy of the letter follows.

January 12, 2010

The Honorable Anne Milgram

New Jersey State Attorney General

Office of The Attorney General

P.O. Box 080

Trenton, NJ 08625-0080

Dear Attorney General Milgram:

As you know, yesterday, an individual was arrested and charged after his apartment was found to contain seven pipe bombs, a semiautomatic assault rifle, a firearm silencer and a shotgun. Escalation of this incident, which occurred within my Congressional District in the Township of Nutley, was averted by the quick actions of local and county law enforcement. One shudders to think what plans this individual had for such a stockpile of explosives and dangerous weapons. However, as I learned more about this incident, it came to my attention that possession of the explosive weapons is only a third degree crime in the State of New Jersey. As the Attorney General for New Jersey, it is my hope that you may use the resources of your office to explore the need to increase the penalties for such significant threats to public safety.

In talking to local law enforcement officials regarding this incident, they expressed frustration to me that this individual who possessed seven functioning explosive weapons could only be charged with the third degree crime of "possession of a destructive device.' The accused was being held on a mere $200,000 bail despite endangering the lives of approximately 120 residents in his apartment building. In fact the suspect's possession of the semiautomatic assault rifle carries a far stronger first degree penalty thanks to New Jersey's assault weapons ban, which I have always vigorously supported. It is my belief that the possession of an explosive weapon should carry a similarly strong penalty in the State of New Jersey. Currently New Jersey legal statutes (NJSA §2C:39-3) describe the crime of possession of a destructive device as a third degree offense on par with the possession of a "sawed-off shotgun." Furthermore, the definition of a destructive device (NJSA §2C:39-1) specifies a wide array of explosive weapons including bombs, mines, grenades and large rockets. Clearly we can all agree that possession of such weapons would pose a grave risk to public safety, and in this day and age, I believe it is entirely appropriate to upgrade the penalties for such crimes.

As a Member of Congress and an original member of the House Homeland Security Committee, I have long believed that real homeland security starts on the streets of our local communities. It is in that vein that I believe we must do everything possible to strengthen the work of local law enforcement and increasing the state penalties for large-scale threats to public safety would certainly aid in that effort. I ask that the State of New Jersey investigate the possibility of increasing the penalties for the possession of explosive weapons.

I want to thank you for all your work on behalf of the people of New Jersey. Please do not hesitate to contact me or my staff in regards to this issue.

Sincerely,

Bill Pascrell, Jr.

Member of Congress

cc:

Paula T. Dow, Attorney General-Designate

Chairman John A. Girgenti, Committee on Law and Public Safety and Veterans' Affairs,

New Jersey State Senate

Chairman Gordon M. Johnson, Committee on Law and Public Safety,

New Jersey State Assembly

Source