SB 739 Creates the crimes of failing to stop illegal firearm possession, negligent storage of a firearm, and failure to notify a school of firearm ownership
Sponsor: Chappelle-Nadal
LR Number: 4990S.01I Fiscal Notes
Committee: Transportation, Infrastructure and Public Safety
Last Action: 1/11/2016 - Second Read and Referred S Transportation, Infrastructure and Public Safety Committee Journal Page: S98
Title: Calendar Position:
Effective Date: August 28, 2016

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Current Bill Summary


SB 739 - This act creates the offense of failing to stop illegal firearm possession. A person commits the offense if he or she is the parent or guardian of a child under the age of 18, he or she knows the child possesses a firearm in violation of the law, and he or she fails to stop the possession or report it to law enforcement.

The offense is a Class A misdemeanor unless death or injury results from the firearm possession in which case it is a Class D felony until December 31, 2016 and a Class E felony beginning January 1, 2017.

This act also creates the offense of negligent storage of a firearm. A parent or guardian of a child under the age of 18 commits the offense by recklessly storing or leaving a firearm in a manner that is likely to result in the child accessing the firearm if the child obtains access to the firearm and unlawfully carries it to school, kills or injures another person with it, or commits a crime with it.

A firearm that is in a secure location or locked is not considered to be recklessly stored or left in a manner likely to result in the child accessing the firearm.

The offense is a Class A misdemeanor unless the child kills or injures another person in which case it is a Class D felony until December 31, 2016 and a Class E felony beginning January 1, 2017.

The parent or guardian of a child injured or killed by a firearm may only be prosecuted for negligent storage of a firearm if he or she was grossly negligent.

This act requires a parent or guardian to notify a school district, or the governing body of a private or charter school, that he or she owns a firearm within 30 days of enrolling the child in school or becoming the owner of a firearm.

The written notification only needs to include the names of the parent and any child attending the school and the fact that the parent owns a firearm.

A person only needs to send one written notification if he or she has multiple children attending the school or becomes the owner of additional firearms. Any time a new child is enrolled in a school the parent or guardian must send an updated notification with the new child's name.

Failure to notify the school under this act is an infraction, punishable by a fine of up to $100. If a person is found guilty of negligent storage of a firearm and has failed to notify the school of firearm ownership, the person must be fined $1,000 in addition to any other penalties authorized by law.

This act is identical to SB 23 (2015), is substantially similar to SB 548 and SB 124 (2013), and is similar to SB 469 (2013).

MEGHAN LUECKE