ASSEMBLY APPROPRIATIONS COMMITTEE
STATEMENT TO
[First Reprint]
ASSEMBLY, No. 4976
with committee amendments
STATE OF NEW JERSEY
DATED: MARCH 20, 2025
The Assembly Appropriations Committee reports favorably and
with committee amendments Assembly Bill No. 4976 (1R).
As amended and reported, 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. Under the bill, it is an affirmative defense to
prosecution if while engaging in conduct otherwise prohibited by the
bill, the actor was acting in lawful self-defense. Additionally, for
purposes of the bill, the term “recklessly” has the same meaning as set
forth in current law at N.J.S.2C:2-2.
This bill implements Recommendation 3 of the State Commission
of Investigation’s 2024 report, “Illegal Firearms Use & Trends in New
Jersey.”
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COMMITTEE AMENDMENTS :
The committee amendments:
(1) provide that it is an affirmative defense to prosecution if while
engaging in conduct prohibited by the bill, the actor was acting
otherwise in lawful self-defense; and
(2) provide that for purposes of the bill, the term “recklessly” has
the same meaning as set forth in current law at N.J.S.2C:2-2.
FISCAL IMPACT:
The Office of Legislative Services (OLS) finds that establishing
the crime of reckless discharge of a firearm may result in an
indeterminate annual increase in State and local expenditures and
revenues. The OLS lacks sufficient information to quantify the fiscal
impact, as it is not possible to estimate the number of individuals who
may be prosecuted, tried, and sentenced for the crimes under the bill.
The OLS finds that the following State and local agencies may
incur caseload and expenditure increases: a) county prosecutors may
have to prosecute additional cases; b) the Judiciary may have to
adjudicate additional complaints and monitor additional probationers;
c) the Office of the Public Defender may have to represent additional
low-income criminal defendants; d) the Department of Corrections
may have to house and care for additional offenders; and e) the State
Parole Board may have to supervise the return to society of additional
offenders.
The OLS notes that the State may receive indeterminate revenues
from fines imposed on individuals convicted of these crimes; however,
the State’s ability to collect fines has historically been limited.
Annual local expenditures and revenues are likely to increase by an
indeterminate amount from the establishment of the new disorderly
persons offense. Disorderly persons offenses are adjudicated in
municipal courts and defendants are sentenced to county jails. Annual
municipal revenue would likely increase due to an increase in court
fees and upgraded penalties from these disorderly persons cases.