HB 2130 : Child Access Prevention

Position: Support Status: House Committee On Judiciary

Creates crime of endangering a minor by allowing access to a firearm.
SB 1026 is the same bill introduced in the Senate.

Update


1-17-17: Referred to Judiciary.
1-9-17: First reading. Referred to Speaker's desk.

Chief Sponsors: Reps Smith Warner, Keny-Guyer, and Piluso; Senators Steiner Hayward and Dembrow

  • HB 2130 holds guns owners responsible if a minor accesses an unsecured gun.
  • Just as child car seat laws reduced car crash death and injury in children, child access prevention (CAP) laws can reduce firearm death and injury. (“Results provide evidence that booster seat laws are effective in increasing the use of child safety seats, increasing the placement of children in rear seats, and reducing injuries, especially severe injuries, among children covered by the laws.” Effects of Booster Seat Laws on Injury Risk Among Children in Crashes. AH Eichelberger et al. Traffic Inj Prev 13 (6), 631-639.
  • The bill exempts gun owners if a minor broken into the home and stole an unsecured firearm.
  • A 2013 study indicates that “…CAP laws are associated with reductions in nonfatal gun injuries among children under age 18.” (“Child Access Prevention Laws and Nonfatal Gun Injuries.” Jeffrey DeSimone, Sara Markowitz and Jing Xu
    Southern Economic Journal Vol. 80, No. 1 (July 2013), pp. 5-25 Published by: Southern Economic Association
    Stable URL: http://www.jstor.org/stable/23809515 Vol. 80, No. 1 (July 2013), pp. 5-25)
  • HB 2130 does not mandate that are firearms are secured. HB 2130 complies with Oregon’s firearm pre-emption law, ORS 166.170, which states that only the State of Oregon has the right to regulate firearm “sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms..”
  • HB 2130 educates the public about safe storage of firearms and also provides justice to the families whose children have been stolen from them by the failure of gun owners to properly secure their firearms.
  • Secure storage could include securing the firearm in a proper holster on the gun owner’s person.