The bill amends New Jersey law to permit individuals aged 18 and older to possess bear spray for personal self-defense and to repel aggressive bears while engaging in 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 the chemical substance. This change addresses current regulations that limit individuals to small, pocket-sized devices, effectively prohibiting the use of bear spray due to size restrictions.

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 behavior. The bill also modifies existing language regarding liability for the discharge of chemical substances, replacing "his" with "the" to promote inclusivity. Overall, the legislation aims to enhance public safety by allowing the use of effective non-lethal deterrents against bear attacks while ensuring that reckless use is not condoned.

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