This bill amends New Jersey law to permit individuals aged 18 and older to possess bear spray for the purpose of repelling aggressive bears during outdoor activities such as hiking or biking. It introduces new legal language that allows for the possession of bear spray 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 significantly alters existing law, which previously restricted non-lethal chemical sprays to devices containing no more than three-quarters of an ounce, effectively prohibiting bear spray.

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 modifies the language regarding liability by replacing "his" with "the," ensuring that the protections apply to all individuals regardless of gender. Overall, the legislation aims to enhance public safety in areas where bear encounters are common by allowing the use of effective non-lethal deterrents.

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