ASSEMBLY JUDICIARY COMMITTEE
STATEMENT TO
ASSEMBLY, No. 4976
with committee amendments
STATE OF NEW JERSEY
DATED: FEBRUARY 20, 2025
The Assembly Judiciary Committee reports favorably and with
committee amendments Assembly Bill No. 4976.
As amended, this bill establishes that it is a crime to discharge a
firearm unlawfully or for an unlawful purpose.
Under the bill, a person commits a disorderly persons offense for
recklessly discharging a firearm using live ammunition rounds as a
first offense, a crime of the fourth degree for a second offense, and a
crime of the third degree for a third or subsequent offense.
Additionally, if the violation knowingly occurs within 100 yards of:
(1) an occupied structure; or (2) a school, college, university or other
educational institution, school bus, or child care facility, whether or
not occupied, the violation is upgraded to one degree of crime higher
than what would have been charged.
A crime of the third degree is punishable by a term of
imprisonment of three to five years, a fine of up to $15,000, or both.
A crime of the fourth degree is punishable by a term of imprisonment
of up to 18 months, a fine of up to $10,000, or both. A disorderly
persons offense is punishable by a term of imprisonment of up to six
months, a fine of up to $1,000, or both.
The bill provides that a conviction for recklessly discharging a
firearm does not preclude an indictment and conviction for an offense
under a different provision of law, and a subsequent conviction is not
to merge with the original conviction. The bill also provides that in
instances in which the court imposes multiple sentences of
imprisonment for more than one offense, those sentences are to run
consecutively.
This bill implements Recommendation 3 of the State Commission
of Investigation’s 2024 report, “Illegal Firearms Use & Trends in New
Jersey.”
COMMITTEE AMENDMENTS :
The committee amended the bill to:
- clarify that the crime occurs when recklessly discharging a
firearm using live ammunition rounds; 2
- change the degree of crime from a crime of the fourth degree to
a disorderly persons offense, but with increasing penalties for
second, third, or subsequent offenses; and
- change the increased penalty for recklessly discharging a
firearm within 100 yards of a structure or school from a crime
of the third degree to a crime one degree higher than what
would have been charged.