DATE CREATED: January 9, 2024
LAST ACTION DATE: 01/09/2024
LAST AMENDMENT DATE: 01/03/2024
PROGRESS: In Committee
BILL ID: S2143
CATEGORIES: Justice
REGION: NJ
This bill, titled the "New Jersey Safe Storage of Firearms Act," establishes penalties for improper storage of a firearm that results in access of the firearm; requires a warning to be issued to firearms purchasers; and requires the Attorney General to establish a public awareness campaign regarding the risk associated with improper storage of a firearm. The bill also repeals the provisions of current law that establish penalties only for a minor's access of an improperly stored firearm, and makes an appropriation.Under current law, there are storage requirements and penalties imposed if a minor accesses a loaded firearm that is not in use. However, there currently are no general requirements for storing firearms when they are not in use. This bill requires a legal owner of a firearm to: (1) store or secure a firearm that is not in use at a premises under the owner's control unloaded, in a gun safe or securely locked box or container; and (2) store ammunition, separately, in a securely locked box or container. Under the bill, if the owner of a firearm fails to store the firearm properly as required under the bill, the owner will, for a first offense, be sentenced to period of community service of not less than 10 hours and not more than 40 hours. For a second or subsequent offense, the owner is guilty of a disorderly persons offense. If an improperly stored firearm is accessed by another person, and the access results in serious bodily injury to or the death of the person who accesses the firearm or another person, the owner is guilty of a crime of the fourth degree. A disorderly persons offense is punishable by up to six months' imprisonment, a fine of up to $1,000, or both. A crime of the fourth degree is punishable by up to 18 months' imprisonment, a fine of up to $10,000, or both. The Attorney General is required under the bill to establish a list of approved entities with knowledge and experience in the prevention of gun violence for which a person may perform a sentence of court-ordered community service. An approved entity is required to offer community service that incorporates gun violence prevention education and effectuates behavioral change to meet the goals of gun violence prevention. An approved entity also may provide online instruction related to gun violence prevention, gun violence prevention films; and gun violence prevention interventional activities to be conducted as part of a New Jersey hospital-based gun violence intervention program. The bill requires the court to notify a person who is convicted of a second or subsequent crime or offense involving the access of an improperly stored firearm or access that results in serious bodily injury or death that he or she is prohibited from purchasing, owning, possessing, or controlling a firearm, and from receiving or retaining a permit to purchase a handgun (PPH) or a firearms purchaser identification card (FPIC). The court also is to order a defendant to arrange for the immediate surrender to a law enforcement officer of any firearm that has not already been seized or surrendered, as well as any PPH or FPIC. Within five days of the entry of an order, the defendant may arrange to sell the surrendered firearm to a licensed retail dealer. The dealer then has 10 days to take possession of the firearm. A law enforcement officer accepting a surrendered firearm is to provide the defendant with a receipt, which the defendant is to present to the prosecutor as proof that the firearm was surrendered. If a firearm is surrendered to a law enforcement officer, but not sold to a licensed retail dealer, the law enforcement officer is authorized to dispose of the firearm in accordance with the State's civil asset forfeiture laws. In addition, the bill requires a retail dealer or employee to notify a firearms purchaser, and post signage, explaining the New Jersey Safe Storage of Firearms Act and warning of the dangers associated with having a firearm in the home and the penalties imposed for unlawful access of an improperly stored firearm. The provisions of the bill also require the Attorney General to establish a public awareness campaign to inform and educate the public concerning the provisions of the bill, including the requirements and penalties imposed under the bill, and the dangers associated with the presence of a loaded, unsecured firearm in the home. The public awareness campaign is to be implemented in media outlets which include, but are not limited to: Statewide newspapers, radio, public service announcements, social media, television ads, and other media outlets deemed appropriate by the Attorney General. The bill appropriates $500,000 to fund the development and implementation of the public awareness campaign. The bill also requires the Attorney General to collect and analyze data related to implementation of the bill, including the number of violations that have occurred and the disposition of each violation. The Attorney General also is required to study the overall impact of bill, considering the effectiveness of the bill on public safety and the effectiveness of the community service requirements established under bill. The Attorney General is required to submit annually a report to the Legislature summarizing the analysis and study conducted pursuant to the bill, and make the report available to the public on the Internet website of the Department of Law and Public Safety. The report is to be submitted and published by November 1st of each year. Finally, the bill repeals current law governing a minor's access to a firearm, to be replaced with the requirements and penalties established under the bill.
SESSION: 2024-2025 Regular Session
VERSIONS: 1
LAST ACTION: Introduced in the Senate, Referred to Senate Law and Public Safety Committee
ACTIONS: 1
SPONSORS: Joe Cryan (D)* , Teresa Ruiz (D)
KEYWORDS: American Medical Association, Analyze Data Related, Deemed Immediately Revoked, Inch Block Letters, Online Instruction Related, Reducing Trafficked Guns, Securely Locked Box, Public Awareness Campaign, Public Health Crisis, Safely Stored Reduces
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