Establishes strict liability criminal penalties for minor's access to loaded firearm if access results in bodily injury or death.
Impact
The bill introduces stringent penalties for individuals whose negligent storage of firearms leads to minors' access, with consequences ranging from disorderly persons offenses to serious felonies, depending on the outcome of the minor's access (e.g., bodily injury, serious injury, or death). Specifically, it delineates degrees of crimes, including third-degree for bodily injury, second-degree for serious bodily injury, and first-degree for fatalities, which can lead to significant prison sentences and fines. This can significantly impact the responsibility of firearm owners regarding safe storage practices.
Summary
Senate Bill S2313 establishes strict liability criminal penalties regarding a minor's access to a loaded firearm resulting in bodily injury or death. It amends current New Jersey law by increasing the age of a minor from under 16 to under 18, thereby broadening the scope of individuals considered as minors under firearm storage statutes. Under this legislation, individuals who know or should know that a minor can access a loaded firearm at a residence may now face serious penalties if the minor gains access, irrespective of whether they properly stored the firearm.
Contention
Supporters of S2313 argue that it promotes greater responsibility among firearm owners and aims to reduce tragedies involving minors and firearms. However, some opponents may view it as an overreach that places undue burden on gun owners. Critics raise concerns about the potential for criminalizing otherwise responsible gun owners in cases where minors have illegally accessed firearms, thus complicating the discourse on gun rights and child safety.