SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 3895

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 19, 2025

      The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 3895.

      As amended and reported, this bill establishes that it is a crime to discharge a firearm unlawfully or for an unlawful purpose. Under the bill, a person commits a disorderly persons offense for recklessly discharging a firearm using live ammunition rounds as a first offense, a crime of the fourth degree for a second offense, and a crime of the third degree for a third or subsequent offense.  Additionally, if the violation knowingly occurs within 100 yards of: (1) an occupied structure; or (2) a school, college, university or other educational institution, school bus, or child care facility, whether or not occupied, the violation is upgraded to one degree of crime higher than what would have been charged.

      A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.  A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.

      The bill provides that a conviction for recklessly discharging a firearm does not preclude an indictment and conviction for an offense under a different provision of law, and a subsequent conviction is not to merge with the original conviction.  The bill also provides that in instances in which the court imposes multiple sentences of imprisonment for more than one offense, those sentences are to run consecutively. Under the bill, it is an affirmative defense to prosecution if while engaging in conduct otherwise prohibited by the bill, the actor was acting in lawful self-defense. Additionally, for purposes of the bill, the term “recklessly” has the same meaning as set forth in current law at N.J.S.2C:2-2.

      As amended and reported by the committee, Senate Bill No. 3895 is identical to Assembly Bill No. 4976 (2R), which also was reported by the committee on this date.

COMMITTEE AMENDMENTS:

The committee amendments:

      (1) clarify that the crime occurs when recklessly discharging a firearm using live ammunition rounds;

      (2) change the degree of crime from a crime of the fourth degree to a disorderly persons offense, but with increasing penalties for second, third, or subsequent offenses;

      (3) provide that it is an affirmative defense to prosecution if while engaging in conduct prohibited by the bill, the actor was acting otherwise in lawful self-defense;

      (4) provide that for purposes of the bill, the term “recklessly” has the same meaning as set forth in current law at N.J.S.2C:2-2; and

      (5) increased the penalty for recklessly discharging a firearm within 100 yards of an occupied structure or school, whether or not occupied, from a crime of the third degree to a crime one degree higher than what would have been charged.