HACKENSACK, NJ – New Jersey law imposes criminal penalties on adults who allow minors under 16 to access loaded firearms that were not properly stored. New Jersey gun crime lawyer Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/what-is-nj-2C-58-15_16-minor-access-and-safe-storage-firearm-statutes/) explains the requirements under N.J.S.A. 2C:58-15 and 2C:58-16, which establish safe storage obligations and dealer warning requirements to prevent minors from accessing loaded weapons.
According to New Jersey gun crime lawyer Adam M. Lustberg, N.J.S.A. 2C:58-15 prohibits adults from allowing minors under 16 years old to access loaded firearms when the adult knew or reasonably should have known that a minor was likely to gain access at premises under their control. The statute creates criminal liability when adults fail to store firearms properly, and minors actually gain access to loaded weapons.
New Jersey gun crime lawyer Adam M. Lustberg emphasizes that the law does not require proof of intent to allow minor access. “You can be charged under 2C:58-15 even if you did not intend for a minor to access your firearm,” Lustberg explains. “The law focuses on whether you knew or reasonably should have known a minor was likely to gain access and whether the minor actually gained access, unless you used one of the listed precautions.”
The statute provides three ways to avoid liability: storing the firearm in a securely locked box or container, storing it in a location a reasonable person would believe to be secure, or securing the firearm with a trigger lock. A securely locked box means a gun safe, lockbox, or similar device that prevents unauthorized access with a functioning lock that remains locked.
“What constitutes a location a reasonable person would believe to be secure depends on specific circumstances,” notes Lustberg. “Courts consider whether the location is hidden, whether minors have keys or access, and whether the gun is in a room minors do not enter.” Simply hiding a gun in an unlocked drawer or closet may not satisfy this requirement, depending on the facts.
A violation of N.J.S.A. 2C:58-15 is a disorderly persons offense carrying a maximum penalty of up to six months in jail and up to a $1,000 fine. In Bergen County, disorderly persons charges are typically handled in the municipal court of the town where the incident occurred. More serious indictable charges related to firearms are handled in Bergen County Superior Court in Hackensack and prosecuted by the Bergen County Prosecutor’s Office.
Convictions can also affect professional licenses, educational opportunities, and employment prospects. “Many jobs require background checks, and weapons-related convictions raise serious concerns for potential employers,” Lustberg advises.
The statute includes two important exceptions. First, 2C:58-15 does not apply to activities authorized by N.J.S.A. 2C:58-6.1, which includes certain supervised target practice, military drill, and lawful hunting during season with required licensing and hunter-safety requirements. Second, the law does not apply when a minor obtained the firearm as a result of an unlawful entry such as a break-in.
“These exceptions are narrow,” the New Jersey attorney explains. “Simply claiming your child knew gun safety does not create an exception for leaving loaded firearms accessible.” The lawful-use exception is limited to specific supervised activities covered by statute, and the unlawful-entry exception applies only when access resulted from a break-in, not when a minor enters the home as a guest.
N.J.S.A. 2C:58-16 requires firearms dealers to provide specific warnings to gun purchasers. Upon retail sale or transfer of any firearm, dealers must deliver written warnings printed in block letters at least one-fourth inch high stating that leaving a loaded firearm within easy access of a minor is a criminal offense. Dealers must also conspicuously post warnings at each purchase counter in block letters at least one inch high.
Law enforcement investigates 2C:58-15 violations when minors gain access to loaded firearms. Common triggering events include minors bringing guns to school, accidentally discharging firearms at home, using weapons in crimes, or injuring themselves or others with accessible weapons. During investigations, police examine how guns were stored, interview family members, review storage locations, and determine whether owners knew minors had access to premises.
“If you face charges under N.J.S.A. 2C:58-15 or 2C:58-16, immediate legal action is essential,” Lustberg advises. Attorneys can challenge whether prosecutors can prove the defendant knew or should have known a minor would gain access and examine whether proper storage methods were used under the circumstances. The legal standard of what a reasonable person would consider secure depends heavily on specific facts.
For individuals being questioned about whether minors had access to loaded firearms or whether reasonable precautions were used, involving legal counsel early is advisable. What defendants say to investigators can shape the entire case.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey law firm dedicated exclusively to criminal defense, representing clients under investigation or facing charges throughout New Jersey. Led by attorney Adam M. Lustberg, the firm handles cases from municipal court matters to serious indictable crimes in Superior Court, including firearms offenses. For consultations, call (201) 880-5311.
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