Legal Definitions - child-access prevention statute

A child-access prevention statute (also known as a safe-storage statute) is a law designed to prevent children from gaining unauthorized access to firearms. These statutes typically require gun owners to store their firearms in a manner that makes them inaccessible to minors, such as by using a locked container, a trigger lock, or by storing them unloaded and separate from ammunition. The primary goal is to reduce accidental shootings, suicides, and other firearm-related incidents involving children.

Here are some examples illustrating how child-access prevention statutes apply:

• Example 1: Unsecured Handgun on a Nightstand
  A parent, Mr. Henderson, owns a handgun for self-defense and keeps it loaded on his nightstand in his bedroom. His curious 8-year-old child, while playing hide-and-seek, discovers the gun and, not understanding its danger, begins to handle it. If a child-access prevention statute is in effect in their jurisdiction, Mr. Henderson could face legal penalties for failing to secure the firearm, even if no injury occurred, because he did not take reasonable steps to prevent his child from accessing it.

• Example 2: Teenager Accessing a Rifle in a Closet
  Ms. Rodriguez stores her hunting rifle in an unlocked closet in her home, believing her 15-year-old son is responsible enough not to touch it. One afternoon, her son invites friends over, and they decide to show off the rifle, which they easily retrieve from the closet. While no one is harmed, the fact that the firearm was readily accessible to a minor, even a teenager, could constitute a violation of a child-access prevention statute. The law often presumes that any minor, regardless of age, should not have unsupervised access to firearms.

• Example 3: Accidental Discharge at a Neighbor's House
  A 6-year-old child visits a friend's house and finds an unsecured shotgun under a bed. The child picks up the shotgun, and it accidentally discharges, causing property damage but fortunately no injuries. The homeowner, who left the shotgun unsecured, could be held criminally liable under a child-access prevention statute. This example highlights how these laws aim to prevent tragic outcomes by imposing a duty on gun owners to ensure their firearms are stored safely away from children, even those who are guests in their home.