Sponsored by:

Assemblyman GREGORY P. MCGUCKIN

District 10 (Ocean)

Assemblyman DAVID W. WOLFE

District 10 (Ocean)

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.

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. If a person fails to follow these precautions and a minor gains access to the firearm, the adult is guilty of a disorderly person's offense.

This bill upgrades the 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; crimes of the third degree are punishable by three to five years imprisonment, a fine of up to $15,000, or both.

The 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.