Position: Support Status: House Judiciary Committee
This Child Access Prevention (CAP) bill holds gun owners responsible when a minor (under age 17) accesses an unsecured gun when the gun owner knows or reasonably should know that a minor could access the firearm. The bill includes a requirement for public education.
Concept added to SB 978-5. February 22, 2019: Referred to House Judiciary Committee then Ways and Means February 21, 2019: Introduced by Senator Burdick and Representative Williamson
Creates the crime of unlawful storage of a firearm if a minor (under 17 years of age) negligently leaves a firearm in a location where the gun owner knows or reasonably should know that a minor is likely to access the firearm AND the minor either possesses the firearm in a public place; or exhibits the firearm in careless, angry, or threatening manner; or injures of kills a person by means of the firearm. Exceptions exist for legal use of firearm in the presence of a parent or guardian or in defense of self or others.
Punishes by maximum of 364 days’ imprisonment, $6,250 fine, or both. Punishes second and subsequent convictions by maximum of five years’ imprisonment, $125,000 fine, or both. Requires gun dealers to post notice concerning obligation to store firearms in safe manner. Prohibits sale, delivery or transfer of firearm to person convicted of unlawful storage of firearm for five-year period after conviction. Punishes unlawful sale, delivery or transfer by maximum of 364 days’ imprisonment, $6,250 fine, or both.