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A 4976

Establishes crime of reckless discharge of firearm.

2024-2025 Regular Session Introduced by Rosy Bagolie and 8 co-sponsors

Establishes a standalone crime for recklessly discharging a firearm with live ammo, with tiered penalties and higher penalties near occupied structures or schools.

Reported out of Senate Committee, 2nd Reading
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Bill Summary · A 4976

Summary — A4976: Establishes crime of reckless discharge of firearm

Status: Reported out of Senate Law & Public Safety Committee, 2nd Reading (June 19, 2025)
Companion: S3895
Implements: Recommendation 3, State Commission of Investigation, “Illegal Firearms Use & Trends in New Jersey” (2024)

Purpose

Create a standalone offense for unlawfully or for an unlawful purpose recklessly discharging a firearm, with graduated penalties for repeat offenses and enhanced penalties for discharges near occupied structures and educational settings. The measure is intended to strengthen criminal exposure for dangerous firearm conduct short of other specified weapons offenses.

Key provisions

  • Establishes criminal liability for recklessly discharging a firearm using live ammunition.
  • Offense tiers:
    • 1st offense — disorderly persons offense.
    • 2nd offense — fourth-degree crime.
    • 3rd or subsequent offense — third-degree crime.
  • Enhanced penalty: if the defendant knowingly discharges within 100 yards of an occupied structure or of a school, college, university, other educational institution, school bus, or child-care facility (whether or not occupied), the offense is upgraded one degree higher than otherwise applicable.
  • Definition: the bill applies the statutory meaning of “recklessly” set forth at N.J.S.2C:2-2.
  • Sentencing rules:
    • Conviction under this statute does not merge with convictions under other provisions; separate convictions may be obtained.
    • When multiple sentences are imposed, they are to run consecutively.
  • Affirmative defense (added by committee amendment): lawful self-defense.

Penalties (statutory ranges)

  • Third-degree crime: 3 to 5 years imprisonment; fine up to $15,000; or both.
  • Fourth-degree crime: up to 18 months imprisonment; fine up to $10,000; or both.
  • Disorderly persons offense: up to 6 months imprisonment; fine up to $1,000; or both.

Who is affected

  • Individuals who recklessly discharge firearms with live ammunition.
  • Criminal justice system actors: county prosecutors, municipal courts, public defenders, Judiciary, Department of Corrections, State Parole Board, municipalities/counties (county jails).
  • Educational facilities, residents near occupied structures, and communities experiencing reckless firearm discharges.

Fiscal and operational impact

  • Office of Legislative Services (OLS) estimates indeterminate annual increases in State and local expenditures and revenues; the number of cases is not predictable.
  • Potential agency impacts: increased prosecutions, court caseloads, public defender representation, incarceration and parole supervision.
  • DOC FY2023 average annual cost per incarcerated person cited (~$75,254) and county jail median daily cost cited (~$228); OLS notes marginal and collection uncertainties.

Procedural / timeline highlights

  • Introduced and amended in the Assembly (committee amendments Feb–Mar 2025).
  • Passed the Assembly 50–25–2 on March 24, 2025.
  • Referred to the Senate and reported favorably by the Senate Law & Public Safety Committee on June 19, 2025 (2nd Reading).

Sponsors / co-sponsors (per reprint)

Sponsored by Assemblymembers W. F. Moen, Jr., W. B. Sampson IV, and S. E. Sumter; co-sponsors include Reynolds-Jackson, Bagolie, Haider, Hall, Swain, and Tully.

Compiled from official sources — confirm details with the bill’s official record.

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