An Act concerning criminal liability for firearms used by minors to commit crimes, and amending Title 2C of the New Jersey Statutes.

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

1. N.J.S.2C:39-4 is amended to read as follows:

2C:39-4. Possession of weapons for unlawful purposes.

a. Firearms. (1) Any person who has in his possession any firearm with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

(2) Any person who possesses, receives, or transfers a community gun is guilty of a crime of the second degree and shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or three years, whichever is greater and during which the defendant shall be ineligible for parole. As used in this paragraph, "community gun" means a firearm that is transferred among, between, or within any association, family, or household of two or more persons who, while possessing that firearm, engage in criminal activity or use [it] the firearm unlawfully against the person or property of another, whether jointly or individually.

b. Explosives. Any person who has in his possession or carries any explosive substance with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

c. Destructive devices. Any person who has in his possession any destructive device with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree.

d. Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

e. Imitation firearms. Any person who has in his possession an imitation firearm under circumstances that would lead an observer to reasonably believe that it is possessed for an unlawful purpose is guilty of a crime of the fourth degree.

(cf: P.L.2007, c.24, s.1)

2. 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 or in a motor vehicle under the person's control commits a [disorderly persons offense] crime of the third degree 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]

If a minor gains access to a firearm through a violation of this subsection and, while possessing that firearm, engages in criminal activity or uses the firearm unlawfully against the person or property of another, the firearm shall be deemed to be a community gun pursuant to paragraph (2) of subsection a. of N.J.S.2C:39-4, and the person whose violation of this subsection facilitated the minor's access to the firearm shall be guilty of a crime of the second degree pursuant to paragraph (2) of subsection a. of N.J.S.2C:39-4.

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 the person is the lawful owner of the firearm and:

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

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

c. As used in this act, "minor" means a person under the age of [16] 18.

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

3. This act shall take effect immediately.

STATEMENT

This bill amends the statutes concerning community guns and the prevention of child access to firearms.

Under existing law, a "community gun" is a firearm that is transferred among, between, or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use the firearm unlawfully against the person or property of another. Possessing, receiving, or transferring a community gun is a crime of the second degree.

The bill amends the "community gun" definition to clarify that "any association of two or more persons" can apply to members of the same family or household. The bill also amends the definition to clarify that criminal activity may be carried out either jointly or individually.

The bill also amends the child access prevention statute, which imposes criminal liability where a minor obtains an improperly stored firearm. Under existing law, allowing a minor under the age of 16 to gain access to an improperly stored loaded firearm is a disorderly persons offense. The bill extends the statute to include firearms improperly stored in motor vehicles, removes the requirement that the firearm be loaded, changes the age of 16 to the age of 18, and upgrades the offense to a crime of the third degree. Additionally, under the bill, if a minor gains access to an improperly stored firearm and, while possessing that firearm, engages in criminal activity or uses the firearm unlawfully against the person or property of another, the firearm shall be deemed to be a community gun and the person who facilitated the minor's access to the firearm will be guilty of a crime of the second degree under the community gun statute.

A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the second degree is punishable by a term of imprisonment of five to ten years, a fine of up to $150,000, or both.

It is the sponsor's intent to strengthen the child access prevention statute by extending community gun liability to parents or other adults who purposely or recklessly facilitate a minor's access to a firearm, where the minor uses that firearm to commit a crime. According to the Giffords Law Center to Prevent Gun Violence, between 70 percent and 90 percent of guns used in youth suicides, unintentional shootings among children, and school shootings perpetrated by shooters under the age of 18 are acquired from the child's home or the homes of relatives or friends.