On January 20, as one of his outgoing acts, former Governor Phil Murphy signed bill A4976 into law, setting up a clever and complex way for the state to bring felony-level charges against gun owners who have accidents, a bill seemingly designed to punitively strip the rights of existing gun owners across the state.
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Under the law, a first offense is a non-felony disorderly persons charge (in New Jersey, indictable offenses known elsewhere as felony offenses are classified as “crimes”). However, that first offense must be upgraded to crime one degree higher if the “reckless discharge” happens within 100 yards of an occupied structure.
“A person who commits a violation of subsection b. of this section shall be charged with a crime of one degree higher than what ordinarily would be charged for such offense, where the violation occurs within 100 yards of an occupied structure.”
Thus, under these circumstances, a disorderly persons offense becomes a crime of the fourth degree, punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
It’s significant to note that an occupied structure includes one’s own residence, business, car, boat, and more. There is no exemption if the “structure” is owned by the person creating the accidental discharge. Structure is defined in the law as:
" “Structure” means any building, room, ship, vessel, car, vehicle, or airplane, and also means any place adapted for overnight accommodation of persons or for carrying on business therein. "
Using this nebulous definition, the state could even prosecute an individual for a negligent discharge while camping far from civilization.