New Jersey Senate Bill S2889

New Jersey 2022-2023 Regular Session

• Introduced: 6/20/22
• Refer: 6/20/22

Caption

Establishes strict liability criminal penalties for minor's access to loaded firearm if access results in bodily injury or death.

Impact

The changes proposed by S2889 will significantly alter the legal landscape surrounding firearm access for minors. Previously, adults could only be charged with a disorderly persons offense for failing to secure firearms, but under this bill, the introduction of strict liability for serious outcomes ups the stakes for gun owners. This means that responsibility is not limited to negligence; an adult can face significant legal repercussions regardless of their intent, as long as a minor gains access to an improperly stored firearm. Penalties vary depending on the severity of the results, with repercussions ranging from three to twenty years of imprisonment and substantial fines based on the seriousness of the injury caused by the minor's access.

Summary

Senate Bill S2889 introduces strict liability penalties for adults if a minor gains access to a loaded firearm, resulting in bodily injury or death. Under this bill, improper storage of firearms by an adult who knows or should know that a minor could access them will lead to severe consequences, especially if a minor's access results in injury or fatality. This legislation amends the current law, which defines a minor as someone under the age of 16, by raising the age limit to 18. It seeks to strengthen existing measures for firearm safety and reduce the risk of tragic incidents involving minors.

Contention

Debate surrounding S2889 is likely to focus on its strict liability framework, which some may view as a necessary step for enhancing public safety, while others might argue that it unfairly penalizes responsible gun owners for unforeseen accidents. Critics may express concerns over the implications this strict liability may have on the rights of gun owners, suggesting that it could discourage responsible ownership and lead to legal battles over access discrepancies. Proponents will advocate for the bill as a crucial move toward preventing tragedies involving minors and firearms, stressing the importance of accountability in firearm storage and access.