The bill amends New Jersey law to permit individuals aged 18 and older to possess bear spray specifically for repelling aggressive bears during outdoor activities like hiking or biking. It introduces new legal language that allows for the possession of bear deterrent products approved and registered by the United States Environmental Protection Agency (EPA), which typically contain a minimum of 7.6 ounces of chemical substance. This change contrasts with existing law, which limits personal defense sprays to devices containing no more than three-quarters of an ounce, effectively prohibiting bear spray due to its larger size.

Furthermore, the bill provides legal immunity for individuals who use bear spray in self-defense against aggressive bears, stating they will not be liable for civil damages if they reasonably believe the use of bear spray is necessary. However, this immunity does not extend to cases involving willful, wanton, or grossly negligent actions. The bill also establishes that violations of its provisions regarding the possession and use of bear spray could lead to criminal charges, specifically classifying the unlawful use of bear spray as a fourth-degree crime.

Statutes affected:
Introduced: 2A:62A-20