ASSEMBLY, No. 4898

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 17, 2019

 

 

Sponsored by:

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits leaving loaded firearm within easy access of minor under age of 18; requires law enforcement officers who observe unsecured firearms to conduct follow-up.

 

CURRENT VERSION OF TEXT

     As introduced.

 

An Act concerning a minor's access to 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] 18.

      d.   A law enforcement officer who observes that a person has not complied with the provisions of this section shall return at a later date to the premises under the person's control to ensure that the person has stored or secured the firearm pursuant to subsection a. of this section. 

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

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     Under section 1 of P.L.1991, c.397 (C.2C:58-15), a firearm owner is prohibited from leaving a loaded firearm within easy access of a minor under the age of 16. This bill increases the age of a minor to under the age of 18.

     The bill also requires a law enforcement officer who observes that a firearm owner has not properly stored or secured his or her firearm to return to the firearm owner's premises to ensure that the firearms are properly secured.

     Under section 1 of P.L.1991, c.397 (C.2C:58-15), unless a firearm owner takes certain precautions, the owner is guilty of a disorderly persons offense if he or she knows, or reasonably should know, that a minor is likely to gain access to a loaded firearm at a premises under the owner's control and the minor gains access to the firearm.  The precautions required under the law include storing the firearm in a securely locked box, secure location, or with a trigger lock.  A disorderly person's offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.