New Jersey Section 2C:58-15 – Minor’s access to a loaded firearm; penalty, conditions

New Jersey’s Law on Minors Accessing Loaded Firearms: An Overview

New Jersey has a law, Section 2C:58-15, that establishes penalties if a minor gains access to a loaded firearm. This law, along with others, aims to prevent tragic incidents involving minors and firearms. However, it also raises questions around liability and penalties. This article will provide an overview of the law, its implications, defenses, and some commentary.

What Does the Law State?

In a nutshell, Section 2C:58-15 states that if a minor (someone under 18 years old) gains access to a loaded firearm, and uses it to cause injury or death, the person who owns or controls the firearm can face criminal charges and penalties.

Specifically, if the minor’s access results in injury or death to themselves or another person, the person who owns or controls the firearm is guilty of a second-degree crime. If access results only in the injury or death of the minor themselves, then it’s a third-degree crime.

However, there are certain defenses written into the law. The penalties don’t apply if the firearm owner/controller:

• Kept the firearm in a securely locked box or container, or secured with a trigger lock
• Was carrying the firearm on their person or within close proximity and control when the minor gained access
• Had reported the theft of the firearm prior to the minor gaining access
• Or if the minor obtained the firearm through an unlawful entry into the premises

So in essence, if the owner took reasonable precautions to secure the weapon, they have a defense against penalties.

What Are the Implications?

This law has meaningful real-world implications. Unsecured firearms pose a huge risk, especially to minors who may not use them responsibly. Between 1999-2019, over 10,500 minors died by gun suicide in America. Easy firearm access is a major risk factor.

So New Jersey’s law aims to motivate gun owners to take precautions through the threat of stiff criminal penalties. And when injuries or death occur, it gives prosecutors a tool to hold those gun owners accountable.

However, the law also raises questions around fairness and prevention. Should gun owners face criminal charges if a child actively seeks out and obtains their lawfully owned firearm without their knowledge? What if the minor themselves was already at risk of harming themselves or others? As critics point out, penalties after a tragedy may be too little, too late.

The law also intersects with hot button issues like parental rights, self-defense rights, and gun control. It’s complex with many viewpoints.

What Are Some Key Legal Defenses?

For gun owners facing charges under Section 2C:58-15, having a qualified New Jersey criminal defense attorney is essential. There are defenses written directly into the law, but also other legal arguments to explore.

Some key defenses include:

Lack of Knowledge/Control

* If the gun owner genuinely did not know the minor could access the firearm or had no reasonable way to control access, they may not be criminally liable even if precautions like locks weren’t used. However, lack of knowledge can be hard to prove.

Unavoidable Accident

* In some rare cases, the minor’s access and subsequent injury/death could be considered an unavoidable, unforeseeable accident that no reasonable precaution could prevent. The criminal charges may then not apply. But this depends heavily on specific circumstances.

Second Amendment Rights

* When firearm ownership and use is otherwise legal and constitutionally protected, penalizing an owner after the fact for a child’s actions can be viewed as an infringement of rights. There may be arguments that the law itself or its application is unconstitutional.

Mental Health Concerns

* If the minor already struggled with mental illness, trauma, or suicidal thoughts, the gun owner may not bear primary moral or legal responsibility, even if precautions weren’t followed perfectly. This could potentially mitigate charges or penalties.

Procedural Issues

* As with any criminal case, there may be problems with evidence, improper procedure, issues with the investigation, or other avenues for getting charges reduced or dismissed.

The complexity of Section 2C:58-15 makes consulting an attorney critical for anyone facing charges. There are often strong defenses to explore even when the law’s provisions haven’t been perfectly followed.

Commentary on This Sensitive Issue

At its heart, Section 2C:58-15 aims to promote responsible gun ownership and prevent avoidable tragedies involving minors. However, applying criminal penalties after a tragedy has occurred can seem reactive rather than proactive. It can compound the grief and loss for families. And questions around fairness and liability are often not straightforward when such painful events occur.

As we consider this law and the issues it reflects, finding common ground is difficult but important. All sides likely agree we want to reduce preventable deaths and injuries. We want minors protected from harm. We want support and compassion for families already affected by tragedy. And we want clarity, fairness and due process in the legal system.

If we avoid reactionary positions, recognize the humanity in others’ views, and consider nuance regarding both guns and mental illness, progress is possible. Compromise solutions could potentially emphasize voluntary preventative measures rather than post-tragedy penalties. For example, providing gun locks free of charge to owners that request them could prevent access while avoiding infringements on lawful ownership.

There are rarely perfect solutions with complex social issues. But through open and thoughtful discourse, perhaps we can find answers that balance interests, reduce harm, care for the vulnerable, and deliver justice. Section 2C:58-15 provides one starting point to drive this vital discussion.