Legal Definitions - safe-storage statute

A safe-storage statute is a law that requires firearm owners to store their weapons securely to prevent unauthorized individuals, particularly minors, from gaining access to them. These laws typically mandate practices such as keeping firearms unloaded, locked with a trigger lock, stored in a locked container, or in a location inaccessible to children when not under the direct control of the owner. The primary purpose of such statutes, also sometimes called child-access prevention statutes, is to reduce accidental shootings, suicides, and other harm that can occur when unsecured firearms are accessed by children or other unauthorized persons.

Here are some examples illustrating how a safe-storage statute applies:

• Example 1: A homeowner keeps a loaded handgun in an unlocked nightstand drawer in their bedroom. Their curious 7-year-old child, playing in the room, opens the drawer, discovers the firearm, and accidentally discharges it, causing injury. Under a safe-storage statute, the homeowner could face legal consequences for failing to secure the weapon in a manner that prevented the child's access, regardless of whether they intended for the child to find it.

• Example 2: A parent takes their 14-year-old child to a friend's house and leaves a hunting rifle, unloaded but not locked, in the trunk of their car while they are inside. The child, having seen where the car keys are kept, retrieves them, opens the trunk, and shows the rifle to other teenagers, creating a potentially dangerous situation. A safe-storage statute would likely consider this a violation because the firearm was left unattended and unsecured in a way that allowed a minor to gain access, even if no direct harm occurred.

• Example 3: A gun enthusiast displays several antique firearms on an open rack in their home office. While these firearms are not loaded, they are fully functional. A relative's 11-year-old visiting for the weekend enters the office, picks up one of the guns, and begins to play with it, pointing it at others. A safe-storage statute would require these firearms to be secured, perhaps with trigger locks or in a locked display case, to prevent such access by a minor, even if the owner believes the child understands gun safety.