Sponsored by:

Senator JAMES W. HOLZAPFEL

District 10 (Ocean)

Senator ANTHONY M. BUCCO

District 25 (Morris and Somerset)

Co-Sponsored by:

Senators Cunningham, Ruiz and O'Scanlon

SYNOPSIS

Increases criminal penalties if leaving loaded firearm within easy access of minor results in injury or death.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning firearms and amending P.L.1991, c.397.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1991, c.397 (C.2C:58-15) is amended to read as follows:

1. a. A person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control commits a disorderly persons offense if a minor gains access to the firearm, unless the person:

(1) Stores the firearm in a securely locked box or container;

(2) Stores the firearm in a location which a reasonable person would believe to be secure; or

(3) Secures the firearm with a trigger lock.

b. This section shall not apply:

(1) To activities authorized by section 14 of P.L.1979, c.179, (C.2C:58-6.1), concerning the lawful use of a firearm by a minor; [or]

(2) Under circumstances where a minor obtained a firearm as a result of an unlawful entry by any person; or

(3) Under circumstances where a minor obtained a firearm for the purpose of self-protection pursuant to the provisions of N.J.S.2C:3-4.

c. As used in this act, "minor" means a person under the age of 16.

d. A person who violates this section is guilty of a crime of the fourth degree if a minor's access to a loaded firearm causes the bodily injury of any person. A person who violates this section is guilty of a crime of the third degree if a minor's access to a loaded firearm causes the death or serious bodily injury of any person. For the purposes of this section, "bodily injury" or "serious bodily injury" shall have the same meaning set forth in N.J.S.2C:11-1.

(cf: P.L.1991, c.397, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill increases the penalties for allowing a minor to gain access to a loaded firearm when such a violation results in bodily injury or death.

Under current law, a person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control is required to store the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure, or to secure the firearm with a trigger lock. A person who fails to follow these precautions is guilty of a disorderly person's offense if a minor gains access to the loaded firearm.

This bill upgrades this offense to a crime of the fourth degree if a violation of the current law results in bodily injury, and a crime of the third degree if a violation results in serious bodily injury or death. A disorderly person's offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both; a crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.

Current law defines "bodily injury" as physical pain, illness or any impairment of physical condition. "Serious bodily injury" is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

In addition, under current law, a person is not guilty of the offense of allowing a minor to obtain a loaded firearm under circumstances where: 1) a minor uses a firearm for activities authorized by current law; or 2) a minor obtained a firearm as a result of an unlawful entry by any person. This bill clarifies that a person also is not guilty of the offense of allowing a minor to obtain a loaded firearm under circumstances where a minor obtained the firearm for the purpose of self-protection, as permitted under current law.