Bill > S3895

This bill establishes a new criminal offense for recklessly discharging a firearm, with graduated penalties based on the severity and circumstances of the discharge. Under the bill, a person commits a disorderly persons offense (a lower-level offense) for recklessly firing a firearm without a lawful purpose, which escalates to a fourth-degree crime for a second conviction and a third-degree crime for a third or subsequent conviction. The bill adds enhanced penalties if the firearm is discharged within 100 yards of an occupied structure, school, educational institution, school bus, or child care facility, potentially increasing the degree of the offense. The legislation defines "recklessly" using existing legal standards and "structure" broadly to include various types of buildings and vehicles. The bill also mandates that convictions under this section cannot merge with other related convictions, requiring separate sentences, and sentences for multiple offenses must be served consecutively. An affirmative defense is provided for actions taken in lawful self-defense. The bill aims to create more stringent legal consequences for irresponsible firearm use, particularly near potentially populated areas.

Budget and Finance, Justice

https://www.njleg.state.nj.us/bill-search/2024/S3895