Anaya Nolan
Gun owners in the US can get into trouble with the law if they do not store their guns securely. While there is no federal law requiring gun owners to store their guns safely, there are laws in place that shield handgun owners from civil liability when their guns are misused by another person to commit crimes. Many states and the District of Columbia have child access prevention (CAP) or safe storage laws. In states with stringent CAP and safe storage laws, like California, it's a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it.
| Characteristics | Values |
|---|---|
| Providing a gun to someone prohibited from having one | A crime in all states and the federal system |
| Unsecured guns | Dangerous, accessible to children and vulnerable to theft |
| Federal law | Shields handgun owners who use secure gun storage or safety devices from civil liability when their guns are misused by another person to commit crimes |
| State laws | Some states make it easier to sue people who fail to securely store their firearms |
| The Gun Control Act (GCA) | Bans certain people from possessing or receiving guns and ammunition |
| Child access prevention (CAP) or safe storage laws | Many states and the District of Columbia have these laws |
| Gun liability | Talk to a criminal defense attorney to understand how the law applies to your situation |
What You'll Learn
- Providing a gun to someone prohibited from having one is a crime
- Unsecured guns are potentially accessible to children
- Some states make it easier to sue people who fail to securely store their firearms
- The Gun Control Act bans certain people from possessing or receiving guns and ammunition
- Gun owners should talk to a criminal defence attorney if they are concerned about gun liability
Providing a gun to someone prohibited from having one is a crime
In states with stringent child access prevention (CAP) and safe storage laws, like California, it's a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it. Other states impose criminal liability only when an unsecured gun is actually accessed and used by a minor or prohibited person to injure or kill someone.
There is no federal law that requires gun owners to safely and securely store their guns. However, federal law does shield handgun owners who use secure gun storage or safety devices from civil liability when their guns are misused by another person to commit crimes.
If you are concerned about gun liability, you should talk to a criminal defence attorney as soon as possible. An experienced attorney can explain how the law applies to your situation, tell you how your case is likely to play out in court, protect your rights, and help you get the best possible outcome in your case.
Creating Law Enforcement: Citizens Take Charge
You may want to see also
Unsecured guns are potentially accessible to children
In some states, it is a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it. For example, California's safe storage laws make it a crime when an unsecured gun is accessed and used by a minor or prohibited person to injure or kill someone. Oregon law provides that a violation of the state's safe storage laws is negligence per se in a civil lawsuit, and Massachusetts law says some violations of its safe storage laws are evidence of reckless and wanton conduct in civil proceedings.
The federal Gun Control Act (GCA) bans certain people from possessing or receiving guns and ammunition. For example, you can't sell, give, or lend a gun to anyone who you know has been convicted of a felony or misdemeanour crime of domestic violence. If you are concerned about gun liability, you should talk to a criminal defence attorney as soon as possible. An experienced attorney can explain how the law applies to your situation, tell you how your case is likely to play out in court, protect your rights, and help you get the best possible outcome in your case.
Common-Law Spouses: VA Benefits Eligibility
You may want to see also
Some states make it easier to sue people who fail to securely store their firearms
There are many ways in which a person carrying a concealed handgun can get into trouble with the law. For example, it is a crime to provide a gun to someone who is prohibited from having one, such as a convicted felon or someone who has been convicted of a misdemeanour crime of domestic violence.
In addition, many states and the District of Columbia have child access prevention (CAP) or safe storage laws. In states with stringent CAP and safe storage laws, like California, it's a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it. California, Connecticut, Massachusetts, and Oregon impose strict civil liability and specifically allow lawsuits against people who fail to store firearms properly or allow firearms access to minors. Oregon law, for example, provides that a violation of the state's safe storage laws is negligence per se in a civil lawsuit. Massachusetts law says some violations of its safe storage laws are evidence of reckless and wanton conduct in civil proceedings.
In 2024, California significantly expanded its safe storage laws by passing Senate Bill 53. Beginning January 1, 2026, all gun owners must store their firearms securely in their residences whenever the firearms are not being carried or readily controlled by the owner or another authorized user. Other states impose criminal liability only when an unsecured gun is actually accessed and used by a minor or prohibited person to injure or kill someone.
There is no federal law that requires gun owners to safely and securely store their guns. However, federal law does shield handgun owners who use secure gun storage or safety devices from civil liability when their guns are misused by another person to commit crimes.
Executors' Independence: New York Case Law Explored
You may want to see also
The Gun Control Act bans certain people from possessing or receiving guns and ammunition
The Gun Control Act (GCA) bans certain people from possessing or receiving guns and ammunition. For example, it is illegal to sell, give, or lend a gun to anyone who you know has been convicted of a felony or misdemeanour crime of domestic violence. This is a federal law, but individual states also have their own laws regarding gun control. For example, California has stringent child access prevention (CAP) and safe storage laws, which make it a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it. Oregon and Massachusetts also have safe storage laws, which make it easier to sue people who fail to securely store their firearms.
There is no federal law that requires gun owners to safely and securely store their guns. However, federal law does shield handgun owners who use secure gun storage or safety devices from civil liability when their guns are misused by another person to commit crimes. If you are concerned about gun liability, you should talk to a criminal defence attorney as soon as possible. An experienced attorney can explain how the law applies to your situation and help you get the best possible outcome in your case.
Florida City Police: Federal Law Enforcement Partners?
You may want to see also
Gun owners should talk to a criminal defence attorney if they are concerned about gun liability
There are many laws surrounding gun ownership and liability. For example, there is no federal law that requires gun owners to safely and securely store their guns. However, federal law does shield handgun owners who use secure gun storage or safety devices from civil liability when their guns are misused by another person to commit crimes. In addition, the federal Gun Control Act (GCA) bans certain people from possessing or receiving guns and ammunition. For example, you cannot sell, give, or lend a gun to anyone who you know has been convicted of a felony or misdemeanour crime of domestic violence. Many states and the District of Columbia have child access prevention (CAP) or safe storage laws. In states with stringent CAP and safe storage laws, like California, it is a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it. Other states impose criminal liability only when an unsecured gun is actually accessed and used by a minor or prohibited person to injure or kill someone.
Common Law vs Statutory Law: Who Wins?
You may want to see also
Frequently asked questions
Yes, providing a gun to someone you know is prohibited from having one is a crime in all states and the federal system.
Yes, if you fail to securely store your gun and a minor or prohibited person uses it to injure or kill someone, you can be held criminally liable.
Contact the firearms dealer where you purchased the firearm or your state's firearms registration office if your state has one. If the firearms dealer is out of business, law enforcement can submit a Records Search Request to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
You cannot sell, give, or lend a gun to anyone who you know has been convicted of a felony or misdemeanor crime of domestic violence.
Many states and the District of Columbia have child access prevention (CAP) or safe storage laws. In states with stringent CAP and safe storage laws, like California, it's a crime to store a gun in a manner that makes it likely that a minor or prohibited person could access it.
