Bill > S4978

Introduced Session

This bill revises the penalty for criminal trespassing while carrying a firearm. Under current law, any person, not licensed or privileged to do so, who enters or surreptitiously remains in a research facility, structure, or separately secured or occupied portion thereof, or on utility company property, or in the sterile or operational area of an airport, commits a disorderly persons offense. This bill revises the offense to make it a crime of the fourth degree if the person commits the offense while possessing a firearm, regardless of whether the person holds a valid permit to carry a handgun. A crime of the fourth degree is punishable by up to 18 months' imprisonment, a fine of up to $10,000, or both. Current law also provides that any person, not licensed or privileged to do so, who enters or remains in a school or on school property, a dwelling, a research facility, a power generation facility, a waste treatment facility, a public sewage facility, a water treatment facility, a public water facility, a nuclear electric generating plant, upon utility company property, the sterile area or operational area of an airport, or any facility which stores, generates or handles hazardous chemicals or chemical compounds commits a crime of the fourth degree. This bill revises the offense to make it a crime of the third degree if the person commits the offense while possessing a firearm, regardless of whether the person holds a valid permit to carry a handgun. A crime of the third degree is punishable by three to five years' imprisonment, a fine of up to $15,000, or both. Additionally, current law provides that a person who enters or remains in a place where they are not licensed or privileged to be, and where notice against trespass has been given by direct communication, posting, or fencing, commits a petty disorderly persons offense. This bill revises the penalty to make it a disorderly persons offense if the person commits the offense while possessing a firearm, regardless of whether the person holds a valid permit to carry a handgun. A disorderly persons offense is punishable by a term of imprisonment of up to 6 months, a fine of up to $1,000 or both. Finally, any person who possesses a firearm and enters or surreptitiously remains in certain locations under the bill that has posted signage prohibiting firearms will give rise to an inference that the person: knew they were not licensed or privileged to enter or remain in the structure; did not comply with all lawful conditions imposed on access to or remaining in the structure; and did not reasonably believe that the owner of the structure, or other person empowered to license access thereto, would have licensed the person to enter or remain in the structure.

AI Summary

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Linda Greenstein (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 12/11/2025)

Official Document