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A 5443

Relates to reports and awards by the office of victim services

2025 Regular Session Introduced by Noah Burroughs and 5 co-sponsors

Toughens adult liability for letting minors access firearms, expands “community gun” to include family/household transfers, and raises age to 18 for minor access with broader penal

REPORTED REFERRED TO RULES
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Bill Summary · A 5443

Summary — A5443 (A5443A)

Title: Relates to reports and awards by the office of victim services — (substantive content: firearms, child access, and “community gun” liability)
Status: Reported, referred to Rules (Introduced 3/17/2025; Print No. 5443A; amended and recommitted to Governmental Operations; effective immediately if enacted)
Primary sponsor: Assemblymember Monique Chandler‑Waterman (cosponsors listed)

Purpose / Intent

The bill strengthens New Jersey’s child access prevention law and clarifies/expands the statutory definition and penalties for “community guns.” The sponsors state the intent is to increase adult accountability when minors gain access to firearms and to extend community‑gun liability to family or household contexts where a minor uses a firearm in criminal activity.

Key provisions

  • Amends N.J.S.2C:39‑4 (possession of weapons for unlawful purposes):

    • Clarifies the definition of a “community gun” to expressly include firearms transferred among, between, or within any association, family, or household of two or more persons.
    • Clarifies that criminal activity by those possessing the firearm may be committed jointly or individually.
    • Retains that possessing, receiving, or transferring a community gun is a second‑degree crime and requires a term of imprisonment that includes a minimum term: the minimum equals one‑half of the sentence imposed by the court or three years, whichever is greater, during which the defendant is ineligible for parole.

  • Amends P.L.1991, c.397 (C.2C:58‑15) — child access prevention:

    • Raises the age threshold: “minor” is changed from under 16 to under 18.
    • Removes the requirement that the firearm be loaded for criminal liability to attach.
    • Expands covered locations to include firearms at premises or in motor vehicles under a person’s control.
    • Upgrades the offense from a disorderly persons offense to a crime of the third degree if a minor gains access to the firearm due to the person’s knowing or reckless failure to secure it.
    • Provides that if a minor gains access to such a firearm and, while possessing it, engages in criminal activity or uses it unlawfully, that firearm will be deemed a “community gun” and the person who facilitated access will be guilty of a second‑degree offense under the community‑gun statute.
    • Preserves specific exceptions: lawful, authorized activities by minors; where the minor obtained the gun via unlawful entry; and where the lawful owner properly secures the firearm (locked box/container, location a reasonable person would believe secure, or trigger lock).

  • Effective date: immediately upon enactment.

Penalties (existing law referenced)

  • Crime of the third degree: imprisonment 3–5 years, fine up to $15,000, or both.
  • Crime of the second degree: imprisonment 5–10 years, fine up to $150,000, or both.
  • Community‑gun provision specifies a mandatory minimum period (one‑half of imposed sentence or 3 years, whichever is greater) in which the defendant is ineligible for parole.

Who is affected

  • Gun owners and persons who control premises or motor vehicles where firearms are stored — including parents, guardians, household members, and others — who fail to secure firearms against access by persons under 18.
  • Minors under 18 (in that access to a firearm can trigger upgraded criminal consequences for the adult who facilitated that access).
  • Prosecutors, defense counsel, and courts (new grounds for second‑ and third‑degree prosecutions).
  • Families and households where firearms are transferred or shared — such transfers may now meet the “community gun” definition if criminal activity occurs.

Potential impact / considerations

  • Raises adult criminal liability where minors obtain firearms (more prosecutions potentially for unsafe storage or facilitation).
  • Extends community‑gun exposure into family/household contexts and clarifies liability when crimes are committed individually by persons who have had access to the same firearm.
  • Adds motor vehicles and removes the “loaded” requirement, broadening circumstances that can trigger liability.
  • Contains statutory exceptions for lawful uses and secure storage methods; determining what is “reasonable” storage location may be a factual, case‑specific inquiry.

Legislative status & related measures

  • Introduced in Assembly 3/17/2025; print number 5443A; amended and recommitted to Governmental Operations; reported and referred to Rules (5/27/2025).
  • Companion Senate bills: S4265 and S4584.

Sponsor statement cites national data (Giffords Law Center) that a large share of firearms used by minors in suicides, accidental shootings, or school shootings are obtained from homes or relatives, motivating the changes.

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

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