Sponsored by:

Senator ANGELA V. MCKNIGHT

District 31 (Hudson)

Co-Sponsored by:

Senators Burgess and Moriarty

SYNOPSIS

Establishes crime of reckless discharge of firearm.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

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. For the purposes of this act:

"Recklessly" shall have the same meaning as set forth in paragraph (3) of subsection b. of N.J.S.2C:2-2.

"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 disorderly persons offense by recklessly discharging a firearm using live ammunition rounds unlawfully or without a lawful purpose, except that a second conviction for such an offense constitutes a crime of the fourth degree, and a third or subsequent conviction for such an offense constitutes a crime of the third degree.

c. A person who commits a violation of subsection b. of this section shall be charged with a crime of one degree higher than what ordinarily would be charged for such offense, where the violation occurs within 100 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.

A map or true copy of a map depicting the location and boundaries of the area within 100 yards of any property subject to this subsection may be used in a prosecution under this subsection.

d. 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.

e. 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.

f. It is an affirmative defense to prosecution if while engaging in conduct prohibited under this section, the actor was acting otherwise in lawful self-defense.

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 disorderly persons offense for recklessly discharging a firearm using live ammunition rounds as a first offense, a crime of the fourth degree for a second offense, and a crime of the third degree for a third or subsequent offense. Additionally, if the violation knowingly occurs within 100 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, the violation is upgraded to one degree of crime higher than what would have been charged.

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 fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, 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. Under the bill, it is an affirmative defense to prosecution if while engaging in conduct otherwise prohibited by the bill, the actor was acting in lawful self-defense. Additionally, for purposes of the bill, the term "recklessly" has the same meaning as set forth in current law at N.J.S.2C:2-2.