SENATE, No. 543

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator BASSANO

An Act concerning firearms and supplementing chapter 58 of Title 2C of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. A parent or guardian who possesses a firearm is guilty of a crime of the fourth degree if a minor under his control gains access to that firearm and uses it in the commission of a crime or an offense which, if committed by an adult, would constitute a crime, unless the parent or guardian:

    (1) Stores or carries the firearm in a securely locked box or container;

    (2) Stores the firearm in a location which a reasonable person would believe to be secure; or

    (3) Secures the firearm with a trigger lock.

    b. As used in this act, "minor" means a person under the age of 18.

    2. This act shall take effect immediately.

STATEMENT

    Under this bill, a parent or guardian who owns or possesses a firearm would be guilty of a crime of the fourth degree if a minor under his control gained access to that firearm and used it in the commission of a crime.

    The bill, however, affords a defense to a parent or guardian who stores or carries the firearm in a securely locked box or container, stores it in a secure location, or has secured the firearm with a trigger lock.

    A minor is defined in the bill as a person under the age of 18.

Establishes fourth degree crime for parent who permits a minor to gain access to a firearm which is later used in a crime.