How a Gun Safe Can Keep You Out of Jail
Time to Read: 5 minutes
Introduction
You may be asking, how is a gun safe going to keep me out of jail? Well, keep reading because the last thing you will be worried about is jail time after your child accidentally shoots themself with the Glock 19 you left on the counter. I know, that was dark.
In this article, I’ll talk about the state laws in place involving firearms storage. I’ll explain what can happen if you don’t follow these rules. I’ll also share the best ways to keep yourself out of trouble with the law and make sure your family stays safe. Plus, I’ll tell you how to stop criminals from getting their hands on your guns.
Helpful Links:
To learn more about gun laws and how they came to be, check out my post Understanding United States Gun Laws: A Comprehensive Guide. I made a curated list of safes for apartments titled Best Gun Safes for Apartments in 2024: Top Picks and Expert Buying Guide if you are interested in learning about the best gun safes on the market right now.
Table of Contents
The Basics of Gun Storage Laws
Gun storage laws can be categorized into two main types – child access prevention (CAP) laws and gun storage laws. CAP laws hold adults accountable if they allow children to access firearms. The aim of CAP laws is to minimize unintentional injuries, fatalities, suicides, and violent crimes caused by unsecured firearms. On the other hand, gun storage laws, also known as safe storage or secure storage laws, establish guidelines for the proper storage of firearms.
Child access prevention (CAP) and gun storage laws are not in place on the federal level. However, gun dealers, importers and manufacturers must provide a safety device for every handgun they sell. This is a requirement put in place by the Child Safety Lock Act of 2005 (CSLA) as an amendment to the Brady Handgun Violence Prevention Act and the Gun Control Act.
What the data has to say about gun storage laws
States that enforce gun storage laws
| State | General Law | Enforcement Details |
|---|---|---|
| California | Safe storage required; criminal liability for negligent storage | Child under 18 accesses firearm due to improper storage. Must use gun lock or secure storage when not in immediate control. |
| Colorado | Safe storage required; criminal liability for negligent storage | Child under 18 gains access to improperly stored firearm. Must use gun lock or secure storage when not in use. |
| Connecticut | Safe storage required; criminal liability for negligent storage | Minor under 16 likely to gain access. Must use gun lock or secure storage for loaded firearms. |
| Delaware | Criminal liability for negligent storage | Minor under 18 accesses firearm. Applies to loaded firearms. |
| District of Columbia | Safe storage required; criminal liability for negligent storage | Must be unloaded and disassembled or locked with trigger lock unless in immediate possession and control (goes for all firearms) |
| Florida | Criminal liability for negligent storage | Minor under 16 accesses loaded firearm without supervision. |
| Hawaii | Safe storage required | Must use gun lock or secure storage when not in use (goes for all firearms). |
| Illinois | Criminal liability for negligent storage | Child under 14 accesses firearm without supervision. |
| Iowa | Criminal liability for negligent storage | Minor under 14 accesses loaded firearm without parent’s consent. |
| Maine | Criminal liability for negligent storage | Child under 16 accesses firearm due to reckless storage. |
| Maryland | Criminal liability for negligent storage | Child under 16 could access loaded firearm. |
| Massachusetts | Safe storage required; criminal liability for negligent storage | Must be secured with a lock for all firearms not in use |
| Minnesota | Criminal liability for negligent storage | Child under 18 accesses firearm due to negligent storage. |
| Nevada | Criminal liability for negligent storage | Child under 18 accesses firearm due to negligent storage. |
| New Hampshire | Criminal liability for negligent storage | Child under 16 accesses firearm without adult supervision. |
| New Jersey | Safe storage required; criminal liability for negligent storage | Must use gun lock or secure storage when not in immediate possession (goes for all firearms) |
| New York | Safe storage required; criminal liability for negligent storage | Child under 16 could access firearm. Must use gun lock or secure storage if living with someone under 16. |
| North Carolina | Criminal liability for negligent storage | Minor under 18 accesses firearm due to negligent storage. |
| Oregon | Safe storage required; criminal liability for negligent storage | Minor under 18 accesses unsecured firearm. Must use gun lock or secure storage when not in use. |
| Pennsylvania | Criminal liability for negligent storage | Minor under 18 is likely to gain access to firearm. |
| Rhode Island | Safe storage required | Must use gun lock or secure storage when not in use or carrying (goes for all firearms) |
| Tennessee | Criminal liability for negligent storage | Firearm left loaded and accessible to children under 13. |
| Texas | Criminal liability for negligent storage | Child under 17 accesses readily dischargeable firearm. |
| Utah | Criminal liability for negligent storage | Child accesses firearm without permission and causes injury/death. |
| Virginia | Criminal liability for negligent storage | Child under 14 accesses recklessly stored loaded firearm. |
| Washington | Safe storage required; criminal liability for negligent storage | Unauthorized person accesses firearm due to improper storage. Must use gun lock or secure storage when not in use. |
| Wisconsin | Criminal liability for negligent storage | Child under 14 accesses firearm without supervision. |
What happens if you don’t follow CAP or gun storage laws
Not following the specific laws for your state can result in varying penalties and legal repercussions. Not to scare you, but these include:
- Misdemeanor charges
- Felony charges (in severe cases)
- Fines (ranging from hundreds to thousands of dollars)
- Imprisonment (from a few months to several years)
- Loss of firearm rights
- Mandatory gun safety courses
- Civil liability
Acceptable ways to store a firearm
The is what the ATF says about what qualifies as a gun storage device:
1. A device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
2. A device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
3. A safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.
Zip ties, rope, and string do not meet this definition. (don’t be a dummy)
Conclusion
Storing your firearms safely isn’t just about following the law – it’s about protecting your family and community. A proper gun safe or storage device can literally be the difference between a normal day and a life-changing tragedy.
Remember, those CAP and gun storage laws aren’t there to make your life difficult. They’re in place to keep curious kids, troubled teens, and potential criminals from accessing your firearms. By following these laws, you’re not only staying on the right side of the legal system, but you’re also being a responsible gun owner (sounds fair to me).
Don’t risk fines, jail time, or worse – the safety of your loved ones. Invest in a quality gun safe or storage device that meets ATF standards (which basically means don’t use a zip tie or rope). It’s a small price to pay for peace of mind. So lock it up, stay safe, and enjoy your Second Amendment rights responsibly.
Sources
https://www.rand.org/research/gun-policy/analysis/child-access-prevention.html
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