Bill > S437

Introduced Session

This bill increases the penalties for allowing a minor to gain access to a loaded firearm when such a violation results in bodily injury or death. Under current law, a person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control is required to store the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure, or to secure the firearm with a trigger lock. A person who fails to follow these precautions is guilty of a disorderly person's offense if a minor gains access to the loaded firearm. This bill upgrades this offense to a crime of the fourth degree if a violation of the current law results in bodily injury, and a crime of the third degree if a violation results in serious bodily injury or death. A disorderly person's 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; a crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. Current law defines "bodily injury" as physical pain, illness or any impairment of physical condition. "Serious bodily injury" is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. In addition, under current law, a person is not guilty of the offense of allowing a minor to obtain a loaded firearm under circumstances where: 1) a minor uses a firearm for activities authorized by current law; or 2) a minor obtained a firearm as a result of an unlawful entry by any person. This bill clarifies that a person also is not guilty of the offense of allowing a minor to obtain a loaded firearm under circumstances where a minor obtained the firearm for the purpose of self-protection, as permitted under current law.

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Tony Bucco (R)*,  Jim Holzapfel (R)*,  Declan O'Scanlon (R),  Teresa Ruiz (D), 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

Official Document