Toms River Shooting Prompts Bill Hiking Gun Access Penalties

In the wake of the tragic accidental shooting death of a 6-year-old Toms River boy earlier this month, a lawmaker from Ocean County plans to introduce legislation increasing criminal penalties to those who allow minors access to firearms.

The proposed legislation, which would increase penalties for knowingly allowing a minor to gain access to loaded, unlocked firearms at a legal gun owner’s premises, will be introduced by state Sen. Jim Holzapfel (R-Ocean) on Thursday, according to the Jeremy Rosen, director of Communications for the Senate Republican Office. 

"We don’t need any more senseless tragedies, such as those in Toms River and Newtown, to teach us that how people store firearms is as important to public safety as how people obtain firearms," Holzapfel said in a statement. 

Brandon Holt, 6, was accidentally shot and killed earlier this month by a 4-year-old neighbor while they played at the Cedar Grove home where the younger boy lived. The 4-year-old obtained a loaded .22 caliber rifle from inside his home, authorities have said.

The incident remains under investigation and no charges have been announced by authorities. 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 state statute.

Holzapfel, who lives in Toms River, serves as a member of the Senate Law and Public Safety Committee and drafted the bill earlier this month. Under the legislation, if a minor is allowed access to a firearm while on the premises of a gun owner, leading to bodily injury, the penalty increases from a disorderly person’s offense to a fourth-degree crime. If an incident results in serious bodily injury or death, the penalty then increases from a fourth-degree to a third-degree crime, according to Rosen. 

"Hopefully, the potential for increased jail time and fines is enough to make parents and guardians attentive and accountable for their firearms at all times," Holzapfel said. "I will be reaching out to the committee chairman to urge an immediate hearing on this vital child protection measure."

Fourth degree crimes are punishable by up to 18 months in prison, a fine of up to $10,000, or both, while third degree crimes are punishable by three to five years imprisonment, a fine of up to $15,000, or both, according to Rosen.

"Bodily injury" under the proposed law is described as physical pain, illness or any impairment of physical condition. "Serious bodily injury" is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ, Rosen said.