Sec. 5. Responsibility of adults for death and injury caused by child access to firearms
309 words·~1 min read·
/bill/113/hr/65/ih/section-5A 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, 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), any person who— keeps 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; knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both.
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 1 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. .