Sponsored by:

Senator JAMES W. HOLZAPFEL

District 10 (Ocean)

Co-Sponsored by:

Senators Cunningham, Ruiz and Beck

SYNOPSIS

Increases criminal penalties if leaving loaded firearm within easy access of minor results in injury or death.

CURRENT VERSION OF TEXT

As reported by the Senate Law and Public Safety Committee on February 4, 2016, with amendments.

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; ¹[or]¹

(2) Under circumstances where a minor obtained a firearm as a result of an unlawful entry by any person ¹; or

(3) Under circumstances where a minor obtained a firearm for the purpose of self-protection pursuant to the provisions of N.J.S.2C:3-4¹.

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.