Crime & Safety

Gun Owners with Children Required to Keep Guns Locked or Secured

But violators face only a disorderly person's charge

Gun owners who live with minors are required to keep guns locked or secured, but face only a potential disorderly person's offense if they are found guilty of violating that law, according to a copy of a state statute.

The statute, on the state legislative website, says:

"2C:58-15.    Minor's access to a loaded firearm; penalty, conditions 
     1.  a.  A person who knows or reasonably should know that a minor is likely to gain access to a loaded firearm at a premises under the person's control commits a disorderly persons offense if a minor gains access to the firearm, unless the person: 

    (1)  Stores the firearm in a securely locked box or container;

    (2)  Stores the firearm in a location which a reasonable person would believe to be secure; or 

    (3)  Secures the firearm with a trigger lock.

    b.   This section shall not apply:

     (1)  To activities authorized by section 14 of P.L.1979, c.179, (C.2C:58-6.1), concerning the lawful use of a firearm by a minor; or 

    (2)  Under circumstances where a minor obtained a firearm as a result of an unlawful entry by any person. 

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c.   As used in this act, "minor" means a person under the age of 16."

Sgt. Adam Grossman of the state police said on Wednesday that other than that statute, "there is no law dictating how to store a legally-owned firearm in a home."

The issue of how guns should be stored surfaced when a 4 year-old-boy went into his Toms River home, came out with a .22 caliber rifle and shot a 6-year-old boy to death on Monday night.

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Toms River police have not said specifically where inside the home the 4-year-old obtained the gun.

The question of whether the 4-year-old pulled the trigger or whether the gun accidentally discharged is still under investigation, police said.

The case has been transferred to the Atlantic County Prosecutor's office. No charges have been filed so far in the case by either the Ocean County or Atlantic County law enforcement authorities.

For the latest story about the incident, click here.


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