Bill > S4265

Introduced Session

This bill amends the statutes concerning community guns and the prevention of child access to firearms. Under existing law, a "community gun" is a firearm that is transferred among, between, or within any association of two or more persons who, while possessing that firearm, engage in criminal activity or use the firearm unlawfully against the person or property of another. Possessing, receiving, or transferring a community gun is a crime of the second degree. The bill amends the "community gun" definition to clarify that "any association of two or more persons" can apply to members of the same family or household. The bill also amends the definition to clarify that criminal activity may be carried out either jointly or individually. The bill also amends the child access prevention statute, which imposes criminal liability where a minor obtains an improperly stored firearm. Under existing law, allowing a minor under the age of 16 to gain access to an improperly stored loaded firearm is a disorderly persons offense. The bill extends the statute to include firearms improperly stored in motor vehicles, removes the requirement that the firearm be loaded, changes the age of 16 to the age of 18, and upgrades the offense to a crime of the third degree. Additionally, under the bill, if a minor gains access to an improperly stored firearm and, while possessing that firearm, engages in criminal activity or uses the firearm unlawfully against the person or property of another, the firearm shall be deemed to be a community gun and the person who facilitated the minor's access to the firearm will be guilty of a crime of the second degree under the community gun statute. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the second degree is punishable by a term of imprisonment of five to ten years, a fine of up to $150,000, or both. It is the sponsor's intent to strengthen the child access prevention statute by extending community gun liability to parents or other adults who purposely or recklessly facilitate a minor's access to a firearm, where the minor uses that firearm to commit a crime. According to the Giffords Law Center to Prevent Gun Violence, between 70 percent and 90 percent of guns used in youth suicides, unintentional shootings among children, and school shootings perpetrated by shooters under the age of 18 are acquired from the child's home or the homes of relatives or friends.

Committee Categories

Renee Burgess (D)*,  John McKeon (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 03/17/2025)

Official Document