New Jersey Law Requires Reporting Certain Gunshot Wounds and Injuries

New Jersey has a law, Section 2C:58-8 of the state criminal code, that requires the reporting of certain gunshot wounds and other injuries caused by firearms or explosives. This law is an important public safety measure intended to help law enforcement investigate crimes involving shootings and explosives.

Overview of the Reporting Requirement

Under 2C:58-8, any case of a wound, burn, or other injury arising from or caused by a firearm, explosive, or destructive device must be reported to law enforcement. This reporting requirement applies to all healthcare facilities and practitioners, including hospitals, urgent care centers, doctors’ offices, and EMTs.

Specifically, the report must be made to the chief of police in the municipality where the person with the injury resides. If there is no police department there, the report goes to the officer in charge of the nearest State Police station. The report must be made as soon as possible, but no later than 12 hours after the injured person is treated.

What Must Be Included in the Report

The report must include the name and address of the injured person, along with details about the nature and location of the injury. The report should also include the identity of the reporting facility or practitioner.

If known, the report should also contain information about the circumstances leading to the injury and the type of firearm or explosive involved. However, healthcare providers cannot delay reporting just to gather additional details. As long as the report contains the required information about the victim and injury, it meets the legal requirements.

Purpose and Rationale of the Reporting Law

Laws like 2C:58-8 exist in many states and serve some important purposes. Requiring medical personnel to report gunshot and explosive wounds can help police:

• Identify victims of violent crimes who may be unwilling or unable to report the crime themselves
• Gather evidence and witness statements immediately, before memories fade
• Determine if a shooting was accidental or deliberate
• Track trends and statistics on shootings and explosives injuries
• Locate suspects more rapidly in the aftermath of a shooting

Without mandatory reporting, many gunshot victims could go unreported to police, hampering investigations and the ability to apprehend shooters and violent criminals.

Of course, some critics argue these laws violate privacy or deter people from seeking medical care. However, the reporting requirement focuses on injuries from criminal violence, not medical issues in general. The healthcare provider only discloses the minimum necessary information to comply with the law. Police still must investigate to determine if an actual crime occurred.

What Happens After a Report is Made?

After the healthcare provider submits their report, the process shifts to law enforcement’s hands. Police will investigate to determine if a crime took place, collect evidence, and try to identify suspects. The reported information may also be used to analyze shooting statistics and trends.

How the patient interacts with police will depend on the circumstances. If evidence clearly shows a self-inflicted accidental wound for example, police may not pursue charges. However, if initial findings indicate a deliberate shooting or assault, the patient may face questioning or arrest.

Self-Inflicted Injuries are Still Reportable

One point of emphasis in the reporting law is that even self-inflicted gunshot wounds must be reported. This includes attempted suicides or accidents.

Healthcare staff should explain to these patients that the report is required. Police will still respond and investigate any self-inflicted gun injury due to the inherent safety issues and risks involved. However, authorities will handle these cases differently than a criminal assault.

Federal Law Also Mandates Reporting in Some Cases

In addition to New Jersey’s state law, federal statutes also require reporting gunshot and explosives injuries in certain situations. For example, the federal Safe Explosives Act mandates healthcare facilities notify the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) whenever they treat injuries from explosives or fireworks.

So while 2C:58-8 focuses on reporting to local police, clinics and hospitals need to be aware of federal requirements as well. Be sure to consult legal counsel to understand all reporting obligations under both state and federal law.