Sponsored by:
Assemblywoman NANCY F. MUOZ
District 21 (Middlesex, Morris, Somerset and Union)
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Establishes crime for certain discharges of firearms.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning discharge of firearms and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person who recklessly discharges a firearm unlawfully or without a lawful purpose within 100 yards of an occupied structure, school, college, university or other educational institution, school bus, or child care facility, whether or not occupied, commits a crime of the third degree.
For the purposes of this subsection, structure means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein.
b. A person who recklessly discharges a firearm unlawfully or without a lawful purpose in a manner other than as provided in subsection a. of this section commits a crime of the fourth degree.
c. Notwithstanding the provisions of N.J.S.2C:1-8, or any other provisions of law, a conviction arising under this section shall not merge with any other related conviction and a separate sentence shall be imposed upon each such conviction.
d. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
2. This act shall take effect immediately.
STATEMENT
This bill establishes the crime of reckless discharge of a firearm.
Under the bill, a person who recklessly discharges a firearm unlawfully or without a lawful purpose within 100 yards of an occupied structure or a school, college, university or other educational institution, school bus, or child care facility, whether or not occupied, commits a crime of the third degree. Any other reckless discharge of a firearm is a crime of the fourth degree pursuant to the provisions of the bill.
Third degree crimes are punishable by imprisonment for a term of three to five years, a fine of up to $15,000, or both. Fourth degree crimes are punishable by imprisonment for a term of up to 18 months, a fine of up to $10,000, or both.
The bill provides that a conviction for recklessly discharging a firearm does not preclude an indictment and conviction for an offense under a different provision of law and a subsequent conviction is not to merge with the original conviction. The bill also provides that in instances in which the court imposes multiple sentences of imprisonment for more than one offense, those sentences are to run consecutively.
This bill implements recommendation # 3 made in the report Illegal Firearms Use and Trends in New Jersey, issued in September 2024 by the New Jersey State Commission of Investigation (SCI).