An Act concerning firearm storage safety, Title 2C of the New Jersey Statutes, repealing section 2 of P.L.1991, c.397, amending P.L.1991, c.397 and P.L.1999, c.255, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New Section) This act shall be known and may be cited as the "New Jersey Home Safety Act."

2. (New section) The Legislature finds and declares that:

a. Having unsecured personal firearms in the home puts both adults and children at significantly increased risk of accidental injury, accidental death, suicide by firearm, and lethal domestic violence incidents.

b. Ownership of personal firearms in New Jersey has surged dramatically since 2019, increasing by more than 300 percent in 2020.

c. In 2018, 458 people died from unintentional firearm injuries, 116 of whom were children and teens.

d. The American Medical Association, American Public Health Association, and the New Jersey Public Health Association, among others, have declared gun violence a public health crisis.

e. Ensuring that firearms are secured and safely stored reduces the incidence and risk of theft or loss, thereby reducing trafficked guns.

f. Enacting legislation to mandate the secure safe storage of firearms, along with public education, could save thousands of lives from accidental injuries, accidental death, suicide, and homicide.

3. (New section) a. A person in possession of a firearm shall, at all times that the firearm is not being carried by or under the control of that person, secure the firearm in a gun safe or securely locked box or container that is properly engaged so as to render the firearm inaccessible and unusable.

b. Nothing in this section shall be construed to prevent a legal owner from being authorized, pursuant to subsection e. of N.J.S.2C:39-6, to lawfully keep or carry about the owner's place of business, residence, premises, or other land owned or possessed by the owner, any firearm, or from carrying the firearm, in the manner specified in subsection g. of N.J.S.2C:39-6, or from possessing a handgun in accordance with P.L.2022, c.131.

c. This section shall not apply to a temporary transfer of a firearm authorized pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1).

d. Except as provided in subsection e. of this section, if a person in possession of a firearm fails to store and secure the firearm properly in violation of subsection a. of this section, that person:

(1) for a first offense, shall be guilty of a petty disorderly persons offense and may be sentenced to a period of community service of not less than 10 hours or more than 40 hours with an entity approved by the Attorney General in accordance with subsection f. of this section that has knowledge and experience in the prevention of gun violence; and

(2) for a second or subsequent offense, shall be guilty of a disorderly persons offense.

e. If a person in possession of a firearm recklessly fails to secure the firearm in violation of the provisions of this section, the firearm is accessed by another person, and the access results in serious bodily injury or death, the legal owner of the firearm shall be guilty of a crime of the fourth degree.

f. The Attorney General shall establish a list of approved entities with knowledge and experience in the prevention of gun violence for which a person may perform a sentence of community service ordered by the court pursuant to paragraph (1) of subsection d. of this section.

g. An approved entity shall offer community service that:

(1) incorporates gun violence prevention education; and

(2) effectuates behavioral change to meet the goals of gun violence prevention.

h. An approved entity may provide:

(1) online instruction related to gun violence prevention;

(2) gun violence prevention films; and

(3) gun violence prevention interventional activities as part of a New Jersey hospital-based gun violence intervention program.

i. The Attorney General shall make the list of approved entities publicly available on the Internet website of the Department of Law and Public Safety.

4. (New section) a. The Superintendent of State Police, in conjunction with the Attorney General, shall adopt guidelines in accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), to require each licensed retail firearms dealer in the State, or the retail dealer's employee, to provide to any person who receives, possesses, carries, or uses a firearm, a written warning printed on eight and one-half inches by 11 inches in size paper in not less than 14 point bold point type letters which shall state:

NEW JERSEY STATE LAW REQUIRES THAT ALL FIREARMS MUST BE STORED IN A SECURELY LOCKED GUN SAFE OR LOCKED CONTAINER THAT IS PROPERLY ENGAGED SO AS TO RENDER THE FIREARM INACCESSIBLE AND UNUSABLE TO ANY PERSON OTHER THAN THE OWNER OR OTHER AUTHORIZED USER OF THE FIREARM. FAILURE TO DO SO IS PUNISHABLE BY LAW AND COULD RESULT IN FINES AND IMPRISONMENT. STORAGE OF AMMUNITION IN A SEPARATE LOCKED CONTAINER IS ENCOURAGED.

b. The written warning provided pursuant to subsection a. of this section shall include the requirements and penalties imposed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The superintendent shall provide each licensed retail firearms dealer with a sign to be displayed prominently at a conspicuous place on the dealer's business premises at each purchase counter. The sign shall contain the statutory reference to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and information concerning the Internet website that contains the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The sign shall state substantially the following in one inch block letters:

NEW JERSEY STATE LAW REQUIRES THAT ALL FIREARMS MUST BE STORED IN A SECURELY LOCKED GUN SAFE OR LOCKED CONTAINER THAT IS PROPERLY ENGAGED SO AS TO RENDER THE FIREARM INACCESSIBLE AND UNUSABLE TO ANY PERSON OTHER THAN THE OWNER OR OTHER LAWFULLY AUTHORIZED USER OF THE FIREARM. FAILURE TO DO SO IS PUNISHABLE BY LAW AND COULD RESULT IN FINES AND IMPRISONMENT. STORAGE OF AMMUNITION IN A SEPARATE LOCKED CONTAINER IS ENCOURAGED.

5. (New section) a. A defendant found guilty of a second or subsequent offense involving the unlawful storage of or access to a firearm pursuant to paragraph (2) of subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or a crime involving the unlawful storage of or access to a firearm in violation of subsection e. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be prohibited for one year from purchasing, owning, possessing, or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3.

b. The court shall order the defendant to arrange for the immediate surrender to a law enforcement officer of any firearm that has not already been seized or surrendered and any firearms purchaser identification card or permit to purchase a handgun possessed by the defendant. No later than five business days after the order is entered, however, the defendant may arrange to sell any surrendered firearm to a licensed retail dealer of firearms who shall be authorized to take possession of that purchased firearm from the law enforcement agency to which it was surrendered no later than 10 business days after the order is entered. Any card or permit issued to the defendant shall be deemed immediately revoked. The court shall establish a process for notifying the appropriate authorities of the conviction requiring the revocation of the card or permit.

A law enforcement officer accepting a surrendered firearm shall provide the defendant with a receipt listing the date of surrender, the name of the defendant, and any item that has been surrendered, including the serial number, manufacturer, and model of the surrendered firearm. The defendant shall provide a copy of this receipt to the prosecutor within 48 hours of service of the order, and the defendant shall attest under penalty that any firearms owned or possessed at the time of the order have been transferred in accordance with this section and that the defendant currently does not possess any firearms. The defendant alternatively may attest under penalty that the defendant did not own or possess a firearm at the time of the order and currently does not possess a firearm. If the court, upon motion of the prosecutor, finds probable cause that the defendant has failed to surrender any firearm, card, or permit, the court may order a search for and removal of these items at any location where the judge has reasonable cause to believe these items are located. The judge shall state with specificity the reasons for and the scope of the search and seizure authorized by the order.

A law enforcement officer who receives a firearm that is surrendered, but not purchased and taken possession of by a licensed retail dealer of firearms within 10 business days of when the order is entered pursuant to this subsection, may dispose of the surrendered firearm in accordance with the provisions of N.J.S.2C:64-6. A firearm purchased by a licensed retail dealer from a defendant shall become part of the inventory of the dealer.

6. (New section) a. The Attorney General shall establish a public awareness campaign to inform and educate the public concerning the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); the dangers associated with the presence of an unsecured firearm in the home; and the requirements and penalties imposed pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).

b. The public awareness campaign shall be implemented in media outlets which include, but are not limited to: Statewide newspapers, radio, public service announcements, social media, television ads, and other media outlets deemed appropriate by the Attorney General.

c. There is appropriated from the General Fund $500,000 to the Department of Law and Public Safety to develop and implement the public awareness campaign.

7. (New section) a. The Attorney General shall collect and analyze data related to implementation of P.L. , c. (C. ) (pending before the Legislature as this bill) including the number of violations that have occurred and the disposition of each violation.

b. The Attorney General shall conduct a study to determine the overall impact of P.L. , c. (C. ) (pending before the Legislature as this bill). The study shall consider the effectiveness of the bill on public safety and the effectiveness of the community service requirements established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The Attorney General shall submit annually a report summarizing the analysis and study conducted pursuant to this section to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) and shall make the summary report available to the public on the Internet website of the Department of Law and Public Safety. The Attorney General shall submit and publish the report by November 1st of each year.

8. Section 1 of P.L.1991, c.397 (2C:58-15) is amended to read as follows:

1. a. A person who knows or reasonably should know that a minor is likely to gain access to a [loaded] firearm [at a premises under the person's control] commits a disorderly persons offense if a minor gains access to the firearm[, unless the person:

(1) Stores the firearm in a securely locked box or container;

(2) Stores the firearm in a location which a reasonable person would believe to be secure; or

(3) Secures the firearm with a trigger lock].

b. This section shall not apply:

(1) To activities authorized by section 14 of P.L.1979, c.179, (C.2C:58-6.1), concerning the lawful use of a firearm by a minor; [or]

(2) Under circumstances where a minor obtained a firearm as a result of an unlawful entry by any person ; or

(3) If the firearm was stored in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. As used in this act, "minor" means a person under the age of 16.

(cf: P.L.1991, c.397, s.1)

9. Section 2 of P.L.1999, c.255 (C.2C:58-17) is amended to read as follows:

2. a. There is established a "KeepSafe" program to encourage and stimulate the safe storage of firearms in the State of New Jersey by providing instant rebates to firearms purchasers who purchase trigger locking devices.

Under the program, a person who purchases a firearm from a retail dealer licensed under the provisions of N.J.S.2C:58-2 shall be eligible for a $5 instant rebate when a compatible [trigger locking device] gun safe or securely locked box or container is purchased along with that firearm. The licensed retail dealer shall deduct the rebate from the price of the [compatible locking device] gun safe or securely locked box or container in order to reduce by $5 the cost of the device for the purchaser.

b. The Superintendent of State Police, in conjunction with the Attorney General, shall adopt guidelines in accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

In addition, the superintendent shall prepare and deliver to each licensed retail firearms dealer in the State the forms necessary to record and report participation in the program. The forms, which shall set forth the name, address, telephone number, State tax number and State license number of the retail firearms dealer, the name of the firearms purchaser and his firearms purchaser identification card number or permit to purchase a handgun number, the make and model number of the compatible trigger locking device purchased and the date of the sale, shall be in duplicate. One copy shall be retained by the retail dealer for his records. The other shall be submitted to the Attorney General for reimbursement. The reimbursement copies shall be submitted monthly at a time prescribed by the superintendent. The submitting retail dealer shall be entitled to a reimbursement of $5 for each [trigger locking device] gun safe or securely locked box or container sold as part of the KeepSafe program. To help defray any administrative costs, each participating retail dealer shall receive, in addition to the reimbursement, $0.50 for each valid reimbursement copy submitted.

The superintendent also shall provide each licensed retail firearms dealer with a sign to be prominently displayed at a conspicuous place on the dealer's business premises where firearms are offered for sale. The sign shall state substantially the following:

"KEEP NEW JERSEY FIREARMS SAFE. TO ENCOURAGE NEW JERSEY GUN OWNERS TO STORE THEIR FIREARMS SAFELY, THE STATE IS OFFERING A $5 INSTANT REBATE WHEN YOU PURCHASE A [COMPATIBLE TRIGGER LOCK ALONG WITH YOUR FIREARM] GUN SAFE OR SECURELY

LOCKED BOX OR CONTAINER. REMEMBER--THE USE OF A [TRIGGER LOCK] GUN SAFE OR SECURELY LOCKED BOX OR CONTAINER IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS SHOULD BE STORED [, UNLOADED] AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. NEW JERSEY'S FAMILIES

AND CHILDREN ARE PRECIOUS--KEEP THEM SAFE!!"

(cf: P.L.1999, c.255, s.2)

10. Section 2 of P.L.1991, c.397 (C.2C:58-16) is repealed.

11. This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

This bill establishes penalties for improper storage of a firearm that results in access to the firearm; requires a warning to be issued to firearms purchasers; and requires the Attorney General to establish a public awareness campaign regarding the risk associated with improper storage of a firearm. The bill also repeals the statute requiring a retail dealer to provide certain written warnings and post certain signage, and makes an appropriation.

Under current law, there are storage requirements and penalties imposed if a minor accesses a loaded firearm that is not in use. However, there are currently no general requirements for storing firearms when they are not in use.

This bill requires a person in possession of a firearm to secure it in a gun safe or securely locked box at all times that the firearm is not being carried by or under the control of that person.

Under the bill, if a person in possession of a firearm fails to store it in accordance with the bill's provisions, the owner will, for a first offense, be guilty of a petty disorderly persons offense and may be sentenced to a period of community service of not less than 10 hours and not more than 40 hours. For a second or subsequent offense, the owner is guilty of a disorderly persons offense. If an improperly stored firearm is accessed by another person, and the access results in serious bodily injury to or the death of the person who accesses the firearm or another person, the owner is guilty of a crime of the fourth degree. A petty disorderly persons offense is punishable by up to 30 days imprisonment, a fine of up to $500, or both. A disorderly persons offense is punishable by up to six months' imprisonment, a fine of up to $1,000, or both. A crime of the fourth degree is punishable by up to 18 months' imprisonment, a fine of up to $10,000, or both.

In addition, the bill amends current law to provide that a person who knows or reasonably should know that a minor is likely to gain access to a firearm commits a disorderly persons offense if a minor gains access to the firearm, unless the firearm is stored in accordance with the bill's provisions. The bill eliminates the provisions of law providing that a person would be liable only if a minor gained access to a loaded firearm at premises under the person's control, and the exception to liability for firearms secured by a trigger lock or stored in a location that a reasonable person would believe to be secure.

Under the bill, the Attorney General is required to establish a list of approved entities with knowledge and experience in the prevention of gun violence, for which a person may perform a court-ordered sentence of community service. An approved entity is required to offer community service that incorporates gun violence prevention education and effectuates behavioral change to meet the goals of gun violence prevention. An approved entity also may provide online instruction related to gun violence prevention, gun violence prevention films, and gun violence prevention interventional activities to be conducted as part of a New Jersey hospital-based gun violence intervention program.

The bill provides that a person who is convicted of (1) a second or subsequent offense involving the access of an improperly secured firearm, or (2) the crime of failing to properly secure a firearm that is accessed by another person resulting in serious bodily injury or death, is prohibited for one year from purchasing, owning, possessing, or controlling a firearm, and from receiving or retaining a permit to purchase a handgun (PPH) or a firearms purchaser identification card (FPIC).

Under the bill, the court is to order a defendant to arrange for the immediate surrender to a law enforcement officer of any firearm that has not already been seized or surrendered, as well as any PPH or FPIC. Within five days of the entry of an order, the defendant may arrange to sell the surrendered firearm to a licensed retail dealer. The dealer then has 10 days to take possession of the firearm. A law enforcement officer accepting a surrendered firearm is to provide the defendant with a receipt, which the defendant is to present to the prosecutor as proof of surrender. If a firearm is surrendered to a law enforcement officer, but not sold to a licensed retail dealer, the law enforcement officer is authorized to dispose of the firearm in accordance with the State's civil asset forfeiture laws.

In addition, the bill requires a retail dealer or employee to notify a firearms purchaser and post signage explaining the New Jersey Safe Storage of Firearms Act and warning of the dangers associated with having a firearm in the home and the penalties for unlawful access to an improperly stored firearm.

The bill also requires the Attorney General to establish a public awareness campaign to inform and educate the public about the bill's provisions, including the requirements and penalties imposed under the bill, and the dangers associated with the presence of an unsecured firearm in the home. The public awareness campaign is to be implemented through media outlets including, but not limited to: Statewide newspapers, radio, public service announcements, social media, television ads, and other media outlets deemed appropriate by the Attorney General. The bill appropriates $500,000 to fund the development and implementation of the public awareness campaign.

The bill also requires the Attorney General to collect and analyze data on the implementation of the bill, including the number and disposition of violations. The Attorney General is also required to study the bill's impact, including its effect on public safety of the bill and its community service requirements. The Attorney General is required to submit annually to the Legislature a report summarizing the analysis and study conducted pursuant to the bill, and to make the report available to the public online. The report is to be submitted and published by November 1st of each year.

The bill provides that a person is eligible for a $5 instant rebate under the "KeepSafe" program only when a gun safe or securely locked box, or container is purchased along with the firearm. Under current law, a person is eligible for a rebate under the "KeepSafe" program when a compatible trigger-locking device is purchased with the firearm.

Finally, the bill repeals the statute requiring a retail dealer to provide certain written warnings and post certain signage.