SENATE, No. 3895

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED DECEMBER 5, 2024

 

 

Sponsored by:

Senator  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Establishes crime of reckless discharge of firearm.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning firearms and supplementing Title 2C of the New Jersey Statutes.

 

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

 

     1.    a.  A person commits a crime of the third degree by recklessly discharging a firearm unlawfully or without a lawful purpose within a hundred yards of:

     (1) an occupied structure; or

     (2) a school, college, university or other educational institution, school bus, or child care facility, whether or not occupied.

     For the purposes of this subsection, "structure" means any building, room, ship, vessel, car, vehicle, or airplane, and also means any place adapted for overnight accommodation of persons or for carrying on business therein.

     b.    A person commits a crime of the fourth degree by recklessly discharging a firearm unlawfully or without a lawful purpose in a manner other than as provided in subsection a. of this section. 

     c.     Notwithstanding the provisions of N.J.S.2C:1-8, or any other provisions of law, a conviction arising under this section shall not merge with any other related conviction and a separate sentence shall be imposed upon each such conviction.

     d.    Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes that it is a crime to discharge a firearm unlawfully or for an unlawful purpose. 

     Under the bill, a person commits a crime of the third degree by recklessly discharging a firearm unlawfully or without a lawful purpose within a hundred yards of: (1) an occupied structure; or (2) a school, college, university or other educational institution, school bus, or child care facility, whether or not occupied. Any other reckless discharge of a firearm is a crime of the fourth degree pursuant to the bill.

     Third-degree crimes are punishable by imprisonment for a term of three to five years, a fine of up to $15,000, or both. Fourth-degree crimes are punishable by imprisonment for a term of up to 18 months, a fine of up to $10,000, or both.

     The bill provides that a conviction for recklessly discharging a firearm does not preclude an indictment and conviction for an offense under a different provision of law, and a subsequent conviction is not to merge with the original conviction. The bill also provides that in instances in which the court imposes multiple sentences of imprisonment for more than one offense, those sentences are to run consecutively.