TRENTON, N.J. – A pair of Republican lawmakers are leading a bipartisan push to stiffen penalties for gun owners who leave loaded firearms accessible to children, proposing harsher criminal consequences when such negligence results in injury or death.
Senate Bill S437, sponsored by Senators James W. Holzapfel (R-Ocean) and Anthony M. Bucco (R-Morris), would amend existing New Jersey firearm safety laws to elevate the offense of allowing a minor to access a loaded gun. Under the proposal, if a child’s access to a firearm leads to bodily injury, the responsible adult could face a fourth-degree crime; if it results in serious injury or death, the charge would rise to a third-degree crime.
Currently, the offense is classified only as a disorderly persons charge — punishable by up to six months in jail or a $1,000 fine — regardless of the outcome. The bill would increase those penalties to as much as five years in prison and fines up to $15,000 in the most severe cases.
Supporters of the measure, including Democratic co-sponsors Senators Teresa Ruiz and Declan O’Scanlon, frame the bill as a common-sense gun safety effort focused on accountability rather than restriction. They argue it reinforces responsible gun ownership without infringing on Second Amendment rights.
Under New Jersey’s existing statute, firearm owners must secure guns in locked containers or with trigger locks when minors could access them. The proposed amendment would maintain exemptions for situations where a child obtained a firearm through unlawful entry, or where use of the firearm was legally justified for self-defense.
The legislation comes amid continued national debate over gun safety laws, particularly following several high-profile cases in which unsecured weapons were accessed by children with tragic results.
If passed, the bill would take effect immediately, adding sharper consequences to one of New Jersey’s longstanding child access prevention statutes.
Senate Bill S437 would make it a felony-level crime if a minor’s access to an unsecured firearm leads to injury or death.
