New Jersey Section 2C:58-17 –
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New Jersey’s “KeepSafe” Program – An Overview
New Jersey has established the “KeepSafe” program under Section 2C:58-17 to encourage and promote the safe storage of firearms. This article will provide an overview of the key provisions of the law, its purpose, implications, defenses, and relevant legal precedents.
Background and Purpose
The KeepSafe program aims to stimulate safe firearm storage in NJ by providing rebates for purchasing approved safety devices. This serves two main purposes:
- Prevent unauthorized access – Unauthorized access to improperly stored firearms, especially by minors, leads to injury, death, and other crimes. KeepSafe intends to limit this risk.
- Promote responsible ownership – Proper storage signals responsible ownership and care in preventing firearm misuse. KeepSafe reinforces legal duties around storage.
So in short, KeepSafe intends to improve public safety through financial incentives for proper storage. This aligns with NJ’s strict laws around firearms to balance 2nd Amendment rights with community safety.
Key Provisions
The main components of the KeepSafe program under [2C:58-17] are:
Instant Rebate System
- $25 rebate for a trigger lock
- $75 rebate for locked hard case, gun safe, lock box etc.
- Rebates issued at point of purchase
So buyers receive immediate savings on approved storage devices acquired from licensed dealers.
Approved Equipment
- Must prevent unauthorized firearm access
- Types listed in NJAC 13:54-6.6
- State can amend list
Qualifying devices like lock boxes and trigger guards must meet minimum security standards to ensure safe storage.
Funded Via Fees
- $2 per handgun sale
- $4 per long gun sale
- Paid by dealers
Fees on firearm sales at retail provide funding for the rebates. This shifts financial responsibility to dealers and buyers.
Oversight Responsibilities
- State attorney general administers program
- Can inspect storage facilities
- Track rebate distribution
So the AG handles regulation, auditing, analysis and reporting to monitor program outcomes.
Implications and Effects
The KeepSafe initiative has wide-ranging implications as a storage reform measure:
Promotes “Standard of Care” Around Storage
It sends a clear message about expectations for securing firearms when not in use. This reinforces the legal duty owed by owners to minimize risk.
Improves Accountability and Awareness
The use of state oversight, required equipment standards, and statistical reporting increases accountability around safe storage.
Financial Incentive for Responsible Behavior
By subsidizing safety equipment purchases, it provides a financial incentive for individual responsibility in storage practices.
Supports Broader Regulatory Scheme
As Cornell notes, KeepSafe exists among extensive state laws on sales, licensing, access, and use of guns. It bolsters this scheme through storage requirements.
However, some criticize financial incentives as insufficient to alter individual conduct. But others argue it facilitates action by those already willing to secure firearms.
Legal Defenses and Precedent
As a storage reform law, KeepSafe interacts with relevant NJ code sections on possession permits, licenses, exemptions etc. Key issues in potential defenses include:
Exemptions Under 2C:58-3.4
This exempts certain owners from permitting rules on purchase, carry, transport of firearms. But KeepSafe obligations still apply regardless of exempted status.
Definitions Under 2C:39-1
The code definitions for “firearm” versus “weapon” versus “handgun” determine what devices require storage under KeepSafe when not carried under permit.
Reasonableness Standard
Prosecutors must prove storage was objectively “unreasonable” per 2C:58-15. This involves justifying the standard of care to secure devices under various conditions.
Conclusion
The KeepSafe initiative introduces a novel approach for improving firearm storage standards through financial incentives and individual accountability. While questions remain about its implementation and efficacy, its enactment signals regulatory priorities around safety.