Establishes strict liability criminal penalties for minor's access to loaded firearm if access results in bodily injury or death.
Impact
Specifically, the bill changes the nature of legal liability when a minor accesses a firearm that is not properly stored. Previously, this offense was categorized as a disorderly persons offense. However, the new provisions stipulate that if a minor's access to a firearm leads to injury or death, the responsible individual would face much steeper charges—a third-degree crime for bodily injury, a second-degree crime for serious bodily injury, or a first-degree crime for resulting death. This substantial increase in penalties reflects a heightened emphasis on firearm safety and accountability for firearm owners.
Summary
Senate Bill S1147 establishes strict liability criminal penalties for situations where minors obtain access to a loaded firearm, resulting in bodily injury or death. The bill amends existing legislation regarding firearm safety for minors, specifically raising the age definition of a minor from under 16 to under 18 years old. Under this new regulation, any individual who improperly stores a firearm may face serious legal consequences if a minor gains access to that firearm, depending on the outcome of the access, such as whether it led to injury or fatality.
Contention
Notable points of contention surrounding SB S1147 likely revolve around the implications of strict liability for firearm access. Proponents argue that these changes will enhance safety for minors and ensure gun owners take responsible measures in securing their firearms. However, opponents may raise concerns regarding the potential overreach of legal responsibility on firearm owners, fearing that the bill could lead to excessive penalties for individuals who may not have intended for their firearms to be accessed by children. The implications of such strict liability could provoke significant debates over gun rights and responsibilities within the state.
"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.