S1147

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:

2C:58-15. Minor's access to a loaded firearm; penalty, conditions

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] shall be subject to the penalties provided in subsection c. and d. of this section if a minor gains access to the firearm, unless the person:

(1) Stores the firearm, unloaded, 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. Except as provided in subsection d. of this section, if a minor gains access to a firearm that is improperly stored by a person in violation of subsection a. of this section, the person shall be guilty of a disorderly persons offense.

d. If a minor gains access to a firearm that is improperly stored by a person in violation of subsection a. of this section and the access results in bodily injury or serious bodily injury to, or the death of, another person, the person shall be strictly liable for the bodily injury, serious bodily injury, or death and is:

(1) guilty of a crime of the third degree if the access results in bodily injury to another person;

(2) guilty of a crime of the second degree if the access results in serious bodily injury to another person; and

(3) guilty of a crime of the first degree if the access results in the death of another person.

e. The provisions of N.J.S.2C:2-3 governing the causal relationship between conduct and result shall not apply in a prosecution under subsection d. of this section.

f. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.

As used in this act, "minor" means a person under the age of [16] 18.

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

2. This act shall take effect immediately.

STATEMENT

This bill establishes strict liability criminal penalties for a minor’s access to a loaded firearm if the access 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 commits a disorderly persons offense if a minor who is under the age of 16 gains access to the firearm, unless the person properly stores the firearm.

Under current law, proper storage means that the firearm is stored unloaded, in a securely locked box or container or in a location which a reasonable person would believe to be secure, or is secured with a trigger lock. The requirements under current law do not apply to the use of a firearm by a minor as authorized under current law, such as when the use is supervised; for a military drill of a legally recognized military organization; for competition, target practice, instruction, and training at an approved firing range; hunting, provided that the minor possesses a valid hunting license, has successfully completed a hunter's safety course, and possesses a certificate of completion; or under circumstances in which a minor obtained a firearm as a result of an unlawful entry by any person.

Under the bill, a violation for a minor’s access to a firearm that is improperly stored by a person would remain a disorderly persons offense, unless the access results in bodily injury, serious bodily injury, or death. If a minor gains access to a firearm that is improperly stored by a person in violation of the bill and the access results in bodily injury or serious bodily injury to, or the death of, another person, the person is strictly liable for the bodily injury, serious bodily injury, or death. The person would be guilty of a crime of the third degree if the access results in bodily injury to another person; a crime of the second degree if the access results in serious bodily injury to another person; and a crime of the first degree if the access results in the death of another person.

In addition, under the bill, a minor is defined as a person under the age of 18 rather than under the age of 16 as defined under current law.

A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $10,000, or both. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A crime of the first degree is punishable by a term of imprisonment of 10 to 20years, a fine of up to $200,000, or both.