SB 40 - This act creates the offense of unlawfully storing and securing a firearm in the presence of a child. This offense is committed if a child gains access to a readily dischargeable firearm and a person, acting with criminal negligence, failed to secure the firearm or left the firearm in a place they knew or should have known the child could gain access.
Unlawfully storing and securing a firearm is punishable as a Class D misdemeanor, unless the child discharges a round from the firearm causing death or serious bodily injury to themselves or someone else, in which case it is punishable as a Class A misdemeanor. In certain circumstances no arrest for committing the offense of unlawfully storing and securing a firearm in the presence of a child shall be made until a week has passed since the offense was committed.
This act also provides several affirmative defenses to the offense of unlawfully storing and securing a firearm in the presence of a child. These affirmative defenses include if the child's access to the firearm was under the supervision of someone who is at least eighteen years of age and was used for a hunting or sporting purpose, or if the child obtains access to the firearm by illegal means. Also, it is an affirmative defense if the child ultimately uses the firearm in an act of lawful self-defense.
A voluntary storage program is created by this act where anyone can store their firearms at any law enforcement agency's office in the state for thirty day increments. Finally, this act requires all licensed firearms dealers to display certain signage in certain areas of their store.