Increases criminal penalties if leaving loaded firearm within easy access of minor results in injury or death.
The proposed legislation amends existing laws under P.L.1991, c.397, which already requires individuals to securely store firearms to prevent minors from accessing them. Under the new provisions, if a minor’s access to a firearm leads to bodily injury, the offense escalates to a crime of the fourth degree; if it results in serious bodily injury or death, it rises to a crime of the third degree. This change significantly intensifies the legal consequences for failing to safeguard firearms, contributing to a stronger emphasis on legal accountability in firearm storage practices.
Bill S437, sponsored by Senators James W. Holzapfel and Anthony M. Bucco, is aimed at enhancing firearms safety in New Jersey, specifically regarding the accessibility of loaded firearms by minors. The bill stipulates that if a loaded firearm is left within easy reach of a minor and that minor subsequently gains access resulting in injury or death, the offender will face increased criminal penalties. The intent is to deter negligence and emphasize the importance of secure firearm storage, particularly in homes with minors present.
While the bill has garnered support from advocates of stronger gun control measures, it also raises potential contention regarding definitions and enforcement. Currently, the law excludes specific circumstances under which an individual would not be penalized for a minor obtaining a firearm, including instances of self-protection or unlawful entry. Some may argue that expanding the penalties could lead to overstretching the law, potentially criminalizing responsible firearm ownership in situations where access is not strictly negligent. Debates may arise around the balance between ensuring safety and maintaining personal rights concerning firearm access.