Sec. 305. Child access prevention
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/bill/113/hr/34/ih/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 922 of title 18, United States Code, as amended by sections 101, 201, 301, 302, 303, and 304 of this Act, is amended by adding at the end the following: In this subsection, the term child means an individual who has not attained the age of 18 years. Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if— that person— knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and either— knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365 of this title) to, the child or any other person; or knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other person.
Paragraph
(2)shall not apply if— at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; the child uses the firearm in a lawful act of self-defense or defense of one or more other persons; or the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept. .