TRENTON – The Senate Law and Public Safety Committee advanced a bill sponsored by Senator Angela McKnight that, for a first time offender, would make unlawfully discharging a firearm within a hundred yards of certain structures like homes or schools a crime of the fourth degree, and any other reckless discharge of a firearm a disorderly persons offense.
“Many firearms used to commit crimes are involved in multiple shootings before a perpetrator is found and prosecuted, putting more lives at risk,” said Senator McKnight (D-Hudson). “Establishing a crime for the reckless discharge of a firearm would help prevent further shootings, injury, and death by ensuring that individuals who unlawfully fire a gun face significant penalties the first time they pull the trigger.”
This bill, S-3895, aims to deter reckless shootings and prevent further incidents by holding offenders accountable.
Under the legislation, unlawfully discharging a firearm using live ammunition rounds would be a disorderly persons offense for a first offense, a crime of the fourth degree for a second offense, and a crime of the third degree for a third or subsequent offense. Additionally, if the violation knowingly occurs within 100 yards of: (1) an occupied structure; or (2) a school, college, university or other educational institution, school bus, or childcare facility, whether or not occupied, the violation would be upgraded to one degree of crime higher than what would have been charged. A disorderly persons offense is punishable by imprisonment of up to six months, a fine of up to $1,000, 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 would state that if a person is convicted of recklessly discharging a firearm, they could still be charged and convicted for additional offenses under other laws. The conviction for reckless discharge would not prevent prosecutors from seeking further charges for related crimes, such as assault or weapons violations. The bill would have someone convicted of multiple offenses face the sentences consecutively.
Codifying reckless discharge of a firearm would ensure New Jersey keep pace with national trends, as states like Pennsylvania and Florida already have similar laws criminalizing reckless firearm discharge. By incorporating further gun safety provisions, New Jersey can enhance public safety and close existing legal loopholes to prevent reckless gunfire in communities.