On January 20, as one of his outgoing acts, former Governor Phil Murphy signed bill A4976 into law, setting up a clever and complex way for the state to bring felony-level charges against gun owners who have accidents, a bill seemingly designed to punitively strip the rights of existing gun owners across the state.
Bill A4976 (not to be confused with the “carry killer” bill, A4769), establishes the crime of “reckless discharge of a firearm,” when “discharging a firearm unlawfully or without a lawful purpose,” (the measure was effective immediately upon signing).
The catch for gun owners is how New Jersey defines “recklessly” under N.J.S.2C:2-2, which outlines the General Requirements of Culpability:
A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation.
The bill is perfectly positioned for a state that already has a track record of aggressively prosecuting firearms owners and businesses, and even making up its own crimes. A politically-motivated prosecutor could convince a jury that carrying a loaded firearm is a reckless act, and thus an accidental discharge (which has no “lawful purpose”) could be prosecuted under this interpretation.
Under the law, a first offense is a non-felony disorderly persons charge (in New Jersey, indictable offenses known elsewhere as felony offenses are classified as “crimes”). However, that first offense must be upgraded to crime one degree higher if the “reckless discharge” happens within 100 yards of an occupied structure.
A person who commits a violation of subsection b. of this section shall be charged with a crime of one degree higher than what ordinarily would be charged for such offense, where the violation occurs within 100 yards of an occupied structure.
Thus, under these circumstances, a disorderly persons offense becomes a crime of the fourth degree, punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
It’s significant to note that an occupied structure includes one’s own residence, business, car, boat, and more. There is no exemption if the “structure” is owned by the person creating the accidental discharge. Structure is defined in the law as:
“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.
Using this nebulous definition, the state could even prosecute an individual for a negligent discharge while camping far from civilization.
New Jersey is one of the most densely populated states in the union, making a one-time accidental discharge likely to be prosecuted as a crime (felony offense) that also disqualifies an individual from their Second Amendment rights, making the gravity of a violation a serious concern for gun owners – and one that is not relegated only to those who conceal carry a firearm. Additionally, the text of the bill notes that “when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.”
One of New Jersey’s most well-known Second Amendment lawyers, Evan Nappen, discussed the new law at length on episode 276 of the Gun Lawyer podcast, dispensing the following legal advice to every gun owner:
So, what does this mean, folks? It means, if you ever have an accidental discharge, SHUT THE F UP!!! That’s right. You do not call the police if you had an accidental issue. You don’t incriminate yourself. You don’t talk about it to anyone. They have criminalized this. You have a Fifth Amendment right against self-incrimination. They did not put any immunity in this law for reporting an accidental discharge. You not only have no obligation to report it, you have a specific constitutional right now against doing it.
While gun owners widely practice and encourage standard firearms safety protocols to mitigate unintended discharges (also known as “negligent discharges”), accidents do happen. The state’s 2022 “carry-killer” bill mandates administrative handling (disarming and rearming) to comply with “sensitive places” prohibitions – actions that gun owners would normally avoid when carrying a concealed firearm in order to minimize accidental discharges.
It is also notable that the super-majority Democratic New Jersey legislature forgot to exempt members of the first-tier of citizens: law enforcement, an element that exists in every other gun control measure.
We don’t normally tie our articles directly to ads, but with a law like this in place in the Garden State, it would be very risky not to have some level of protection against the malicious, trap-ridden laws our legislators see fit to use as tools of punishment and disarmament of those who dare to exercise a dis-favored right like the Second Amendment within the borders of New Jersey.
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