ASSEMBLY, No. 3696

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MARCH 13, 2018

 

 

Sponsored by:

Assemblywoman  JOANN DOWNEY

District 11 (Monmouth)

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Requires safe storage of firearms; establishes penalties for improper firearm storage.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning safe storage of 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.  A legal owner of a firearm shall store or secure a firearm that is not in use at a premises under the owner's control: 

     (1)  in a securely locked box or container;

     (2) in a location which a reasonable person would believe to be secure; or 

     (3)  with a trigger lock.

     b.  Nothing in this section shall be construed to prevent a legal owner from being authorized, pursuant to subsection e. of N.J.S.2C:39-6, to lawfully keep or carry about the owner's place of business, residence, premises, or other land owned or possessed by the owner, any firearm, or from carrying the same, in the manner specified in subsection g. of N.J.S.2C:39-6, from any place of purchase to the owner's residence or place of business, between the owner's dwelling and the owner's place of business, between one place of business or residence and another when moving, or between the owner's dwelling or place of business and place where the firearms are repaired, for the purpose of repair.  For the purposes of this section, a place of business shall be deemed to be a fixed location.

     c.  This section shall not apply to temporary transfer of a firearm authorized pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1).

     d.  A person who violates subsection a. of this section is guilty of a disorderly persons offense.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires the safe storage of a firearm and establishes penalties for improper firearm storage. 

In New Jersey, there are storage requirements and penalties that protect minors from accessing loaded firearms when they are not in use in the home.  However, there currently are no general requirements for storing firearms when they are not in use. 

This bill requires a legal owner of a firearm that is not in use at a premises under the owner's control to store the firearm: in a securely locked box or container; in a location which a reasonable person would believe to be secure; or to secure the firearm with a trigger lock.  If the owner of the firearm fails to properly store the firearm as required under the bill, the owner will be guilty of a disorderly persons offense.  A disorderly persons offense is punishable by up to six months' imprisonment, a fine of up to $1,000, or both.

     Under current law, the legal owner of a firearm is authorized to lawfully keep or carry a firearm at the owner's place of business, residence, premises, or other land owned or possessed by the owner, and is permitted to transport the firearm under limited circumstances, as specified under current law.  The bill clarifies that these provisions of current law regarding a legal owner's right to keep or carry a firearm are not modified by the bill. 

     Current law also provides that the legal owner of a firearm may temporarily transfer a firearm to another person under certain circumstances, whether or not that person has a firearms purchaser identification card or a permit to carry a handgun.  The bill clarifies that its provisions do not apply to or modify current law regarding the temporary transfer of a firearm.