What is an “incidental entry” exactly?
“The limitation on places in which a person would be prohibited from carrying a firearm would not apply to persons permitted to carry a firearm in this State within the authorized scope of an exemption set forth in N.J.S.2C:39-6,” the legislation’s statement explains. “The bill also clarifies that it would be a de minimis infraction for which a person would not be prosecuted if the entry onto one of the prohibited locations was a brief, incidental entry onto property.”
Even one of the prime sponsors of Trenton’s newest major gun control bill can’t tell you what an “incidental entry” looks like, but the phrase is in the bill. It’s a potentially huge problem, too, since the proposed law would bar carry permit holders from bringing firearms into a wide array of public AND private venues around the Garden State. Mere presence in a prohibited space could result in jail time.
Incredibly, Assemblyman Joe Danielsen (D) (the aforementioned sponsor) admitted to Assemblyman Brian Bergen (R) that he couldn’t define “incidental entry” during floor debate on A4769 last month:
“I think you should consult an attorney or the dictionary if you are confused,” Danielsen fired back at Bergen.
The bill passed along a largely party-line vote and is working its way through the Senate, but Bergen hasn’t let the issue slide.
Bergen reports that Thomas Kelly of the Office of Legislative Services (OLS) reported back to his this week that, contrary to Danielsen’s advice, “the phrase does not appear in New Jersey statutory law or the administrative code.”
“Therefore, it would be left to a court to interpret the meaning of the phrase,” Kelly added in his analysis.
“The careless nature in which this bill was written is a disgrace,” said Bergen. “People will go to jail, be deprived of their rights, and suffer immensely because the sponsor couldn’t be bothered to use real language in the bill that clearly defines what you can or can’t do. This is legislative malpractice. The majority party rushes through legislation that is fundamentally flawed all the time. This time they have gone too far.”
