Policy Report on Safe Storage Policies
Written and edited by Meyer Hirsch
April 16th, 2024
April 16th, 2024
Safe storage policies in the United States vary significantly from state to state, and even within states, there can be local ordinances that add additional requirements. Here's a breakdown of the general types of safe storage policies you might find across the country:
Mandatory Safe Storage Laws:
Some states have laws that mandate safe storage practices for firearms. These laws often require firearms to be stored in a manner that prevents access by unauthorized individuals, particularly children and those prohibited from possessing firearms. Safe storage may include the use of gun safes, lock boxes, trigger locks, or other locking devices. Penalties for non-compliance can vary from state to state and may include fines or criminal charges.
Child Access Prevention Laws (CAP):
Child access prevention laws, sometimes known as "safe storage" laws, specifically target the prevention of children gaining access to firearms. These laws typically impose liability on firearm owners if a child gains access to an improperly stored firearm and causes harm. Penalties may include fines or criminal charges.
Dealer Requirements:
Some states impose requirements on firearms dealers to provide or offer safety devices, such as trigger locks or gun safes, at the time of sale. These requirements may also include providing educational materials on safe storage practices.
Preemption Laws:
In some states, some laws prohibit local governments from enacting their safe storage regulations, preempting local control over firearms laws. This can lead to variations in safe storage requirements across different jurisdictions within the same state.
Educational Programs:
Some states have implemented educational programs aimed at promoting safe storage practices among firearm owners. These programs may be voluntary or mandatory for certain groups, such as first-time firearm purchasers or individuals applying for concealed carry permits.
Exceptions and Exemptions:
Many states include exceptions or exemptions in their safe storage laws, such as exemptions for firearms carried on the person or readily accessible for immediate use, or exceptions for certain types of firearms or situations, such as hunting or target shooting.
State Safe Storage Laws:
California Safe Storage Laws (Penal Code 25100-25200):
- California requires that all firearms be stored with a locking device, such as a trigger lock, or in a locked container when not in use.
- Firearms must be locked and stored in a manner that prevents unauthorized access by children.
- Failure to comply with safe storage laws can result in criminal penalties.
- Massachusetts mandates that firearms be stored with a locking device or in a locked container when not under the control of the owner.
- Safe storage laws also apply to firearms transfers, requiring that firearms sold by licensed dealers come with a locking device.
- Failure to comply with safe storage laws can result in criminal penalties.
- Washington requires that firearms be stored in a locked box or secured with a trigger lock when not under the control of the owner.
- Safe storage laws aim to prevent access to firearms by unauthorized individuals, particularly children.
- Violations of safe storage laws can result in criminal penalties.
- Connecticut imposes liability on firearm owners if a child gains access to an improperly stored firearm and causes harm.
- Safe storage laws in Connecticut require firearms to be stored in a manner that prevents access by children and unauthorized individuals.
- Failure to safely store firearms can result in civil liability and criminal penalties.
- Florida requires that firearms be stored in a securely locked box or container or secured with a trigger lock when not in use if the owner knows or reasonably should know that a minor is likely to gain access to the firearm without lawful permission.
- Failure to comply with safe storage laws can result in criminal penalties, including fines and imprisonment.
Texas does not have comprehensive statewide safe storage laws for firearms. However, there are certain regulations and ordinances in place in various cities and municipalities within Texas. Here's an overview:
- Local Ordinances: Some cities in Texas, such as San Antonio and Houston, have implemented local ordinances that require safe storage of firearms in certain circumstances. These ordinances may vary in their specifics but often focus on ensuring that firearms are stored securely to prevent unauthorized access, particularly by children.
- Negligent Storage Lawsuits: While Texas does not have a specific statewide law mandating safe storage, there have been cases where individuals were held liable for negligence in storing firearms, particularly if a child gains access to an improperly secured firearm and causes harm. These cases are typically handled through civil lawsuits rather than criminal charges.
Resources:
https://guides.sll.texas.gov/gun-laws/storage-safety
https://everytownresearch.org/rankings/law/secure-storage-or-child-access-prevention-required/
https://www.everytown.org/solutions/responsible-gun-storage/
https://www.aap.org/en/advocacy/state-advocacy/safe-storage-of-firearms/
https://www.whitehouse.gov/wp-content/uploads/2024/01/DOJ-Safe-Firearm-Storage-Guide.pdf
https://gunresponsibility.org/solution/safe-storage/
https://actionfund.sandyhookpromise.org/issues/gun-safety/safe-storage/