Establishes strict liability criminal penalties for minor's access to loaded firearm if access results in bodily injury or death.
Impact
The implementation of A2350 will significantly alter the legal framework surrounding firearm accessibility in New Jersey. Under the proposed law, individuals who either knowingly or negligently enable a minor to access a loaded firearm would face criminal charges if such access results in harm. The consequences reflect a tiered structure of penalties where the gravity of the crime is determined by the outcome of the minor's access—ranging from a third-degree crime for bodily injury, second-degree for serious bodily injury, and first-degree for cases resulting in death.
Summary
Assembly Bill A2350 aims to establish strict liability criminal penalties for instances where a minor gains access to a loaded firearm, leading to bodily injury or death to another individual. The bill amends existing legislation, which previously defined a minor as someone under 16 years of age, changing this definition to under 18 years. This legislative change intends to hold adults responsible for improper firearm storage and access that results in harm or fatal accidents involving minors, thereby enhancing community safety around firearms.
Contention
The proposed bill is likely to stir debate among lawmakers and interest groups. Proponents argue that strict liability will promote better accountability among gun owners, ensuring that firearms are secured appropriately and reducing incidents of gun-related injuries involving children. Opponents may raise concerns over the implications of such liability laws on responsible gun ownership and the potential for unreasonable consequences on individuals charged under the law, especially in cases deemed accidents or unforeseen circumstances.
"New Jersey Safe Storage of Firearms Act"; establishes certain requirements and penalties regarding firearm storage; repeals law governing minor's access to firearm; requires AG to establish public awareness campaign regarding firearm storage; appropriates $500,000.
Temporarily upgrades certain offenses against persons during Public Health Emergency and State of Emergency declared by Governor's Executive Order 103 of 2020 concerning coronavirus pandemic.
Temporarily upgrades certain offenses against persons during Public Health Emergency and State of Emergency declared by Governor's Executive Order 103 of 2020 concerning coronavirus pandemic.
Expands expungement eligibility; eliminates cap on number of convictions person may expunge; eliminates limitation on number of times person may be granted expungement.