SB 41 Creates the crime of negligent storage of a firearm
Sponsor: Bray
LR Number: 0434S.01I Fiscal Note: 0434-01
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 1/13/2005 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S84
Title: Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


SB 41 - This act makes criminally negligent storage of a firearm a Class A misdemeanor.

A person commits the crime of criminally negligent storage of a firearm if the person stores or keeps any loaded or unloaded firearm with ammunition under his or her control and knowingly or reasonably should know a minor is capable of gaining access to the firearm and the minor uses the firearm to threaten or cause the death of any person.

A person does NOT commit this crime if: (1) the firearm is stored in a locked box; (2) the firearm has a locking mechanism; (3) the firearm is stored in a dismantled state and at least one part which is essential to the operation of the firearm stored in a locked box; or (4) the ammunition is stored away from an unloaded firearm in a locked box. A minor who uses a weapon in self-defense or is being supervised while engaged in hunting or another lawful purpose does not fall under this law. A person does not commit this crime if the minor obtained possession of the firearm due to unlawful entry onto the premises.

This act requires firearm dealers to post a written warning about this act in a conspicuous place where firearms are sold.

This act is similar to SB 946 (2004).

SUSAN HENDERSON