New Jersey Assembly Bill A4199

New Jersey 2022-2023 Regular Session

• Introduced: 6/9/22
• Refer: 6/9/22

Caption

Establishes strict liability criminal penalties for minor's access to loaded firearm if access results in bodily injury or death.

Impact

The law introduces stringent penalties for adults failing to securely store their firearms. Under the provisions of A4199, if a minor gains access to an improperly stored firearm and it results in bodily harm or death to another person, the responsible adult is strictly liable. The bill delineates penalties ranging from a disorderly persons offense to various degrees of criminal liability based on the severity of the resulting injury or death. For example, a crime resulting in bodily injury could lead to a third-degree charge, while a fatality could result in a first-degree offense, carrying significant prison time and fines.

Summary

A4199, also known as the Child Access Prevention Act, is a legislative measure introduced in New Jersey with the intention of establishing strict liability criminal penalties for adults whose firearms are accessed by minors, resulting in bodily injury or death. This bill amends existing laws pertaining to the access of minors to loaded firearms and makes significant changes concerning the definition of a minor, raising it from under the age of 16 to under the age of 18. This change expands the scope of protection aimed at preventing incidents related to minors accessing firearms without adult supervision.

Conclusion

As A4199 progresses through the legislative process, it will potentially shape both the enforcement of existing firearms laws and the responsibilities of firearm owners in New Jersey. This bill's enactment may serve as a template for similar legislative efforts across other states focused on reducing access to firearms by minors and enhancing public safety measures surrounding gun ownership.

Contention

Debates surrounding A4199 also highlight its implications on personal responsibility and the rights of gun owners. Supporters argue that strict liability will incentivize responsible firearm storage and reduce accidental shootings involving minors, contributing to public safety. Opponents, however, may see this as a punitive measure that could unfairly target law-abiding gun owners, arguing that it complicates legal responsibility under existing self-defense laws and firearm usage regulations. The underlying tensions reflect broader societal disputes over gun control and individual rights.