New Jersey Senate Bill S106

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

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

Impact

Under the proposed legislation, individuals who know or should reasonably know that a minor can access a loaded firearm are classified as committing a crime of the fourth degree if the violation results in bodily injury. If the minor's access leads to serious bodily injury or death, the charge escalates to a crime of the third degree. These changes mark a significant shift in how firearm-related offenses involving minors will be prosecuted, leading to potentially increased incarceration periods and fines.

Summary

Senate Bill S106 aims to increase criminal penalties for individuals who fail to properly secure firearms, resulting in access by minors that leads to injury or death. Specifically, the bill modifies existing laws concerning the storage and accessibility of firearms at premises under a person's control. If the current law is violated and a minor gains access to a loaded firearm, the person could face more severe legal consequences than previously mandated.

Contention

The bill's sponsors and supporters argue that increasing penalties is crucial in preventing tragic incidents involving children gaining access to firearms. However, there may be concerns about the implications of stricter penalties, such as the potential for over-criminalization and impacting responsible gun owners. Additionally, the bill clarifies exemptions for certain scenarios under which a minor might legally use a firearm, such as self-defense, which could provoke further debate on the balance between safety regulations and individual rights.