What This Bill Does
This bill amends federal firearms law to make it illegal for gun owners to store firearms in their homes in ways that allow minors to access them without permission. The bill applies only when a minor actually obtains the firearm and uses it to commit a crime or causes injury or death. Gun owners can avoid breaking this law by using secure storage devices or keeping guns in secure locations.
Who It Affects
Gun owners who store firearms in residences under their control where minors might gain unauthorized access.
Key Provisions
• It becomes illegal for a gun owner to knowingly store a firearm at home if a minor is likely to gain unauthorized access and the minor then obtains the firearm and uses it to commit a crime or cause injury or death (Sec. 2)
• Gun owners can follow the law by using a secure gun storage or safety device, keeping the firearm in a location a reasonable person would consider secure, or carrying the firearm on their person or close enough to retrieve it immediately (Sec. 2)
• A minor is defined as anyone under 18 years of age (Sec. 2)
• Violation of this law results in a fine, imprisonment for up to 5 years, or both (Sec. 2)
What Changes
Federal law will newly prohibit unsafe firearm storage in homes when minors can access firearms without parental permission and subsequently use them to cause crime or injury.
Important Definitions
Minor: An individual less than 18 years of age.
I
118TH CONGRESS
1ST SESSION H. R. 1145
To amend chapter 44 of title 18, United States Code, to require the safe
storage of firearms, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 2023
Ms. SLOTKIN (for herself and Ms. SCHOLTEN) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend chapter 44 of title 18, United States Code, to
require the safe storage of firearms, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as ‘‘Safe Guns, Safe Kids
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Act’’.
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SEC. 2. SECURE GUN STORAGE OR SAFETY DEVICE.
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Section 922(z) of title 18, United States Code, is
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amended by adding at the end the following:
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‘‘(4) SECURE GUN STORAGE BY OWNERS.—
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‘‘(A) OFFENSE.—
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‘‘(i) IN
GENERAL.—Except as pro-
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vided in clause (ii), it shall be unlawful for
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a person to knowingly store or keep any
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firearm that has moved in, or that has oth-
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erwise affected, interstate or foreign com-
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merce on the premises of a residence under
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the control of the person if—
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‘‘(I) the person knows, or reason-
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ably should know, that a minor is
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likely to gain access to the firearm
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without the permission of the parent
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or guardian of the minor; and
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‘‘(II) a minor obtains the firearm
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and uses the firearm in the commis-
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sion of a crime or causes injury or
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death to such minor, or any other in-
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dividual.
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‘‘(ii) EXCEPTION.—Clause (i) shall
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not apply to a person if the person—
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‘‘(I) keeps the firearm—
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‘‘(aa) secure using a secure
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gun storage or safety device; or
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‘‘(bb) in a location which a
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reasonable person would believe
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to be secure; or
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‘‘(II) carries the firearm on his
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or her person or within such close
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proximity thereto that the person can
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readily retrieve and use the firearm as
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if the person carried the firearm on
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his or her person.
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‘‘(B) PENALTY.—Whoever violates sub-
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paragraph (A) shall be fined under this title,
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imprisoned for not more than 5 years, or both.
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‘‘(C) MINOR DEFINED.—In this paragraph,
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the term ‘minor’ means an individual who is
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less than 18 years of age.’’.
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Æ
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