MODEL BILLS

Safe Storage of Firearms Act

Summary: The Safe Storage of Firearms Act requires that a gun must be locked with a gun lock or kept in a locked container except when it is being carried or is within close proximity to the possessor.

Based on a U.S. Department of Justice model issued in 2023. Download the DOJ version and explanation here.

SECTION 1.  SECURING FIREARMS

(a) STORAGE REQUIREMENTS.—

(1) A possessor of a firearm shall, at all times that the firearm is not carried by the possessor on their person or within such close proximity that the possessor can readily retrieve and use the firearm as if such possessor carried the firearm on their person, secure the firearm:

(A) In a locked container, such as a gun safe; or

(B) With a properly engaged tamper-resistant mechanical lock or other tamper-resistant safety device rendering the firearm inoperable.

(2) For purposes of paragraph (1) of this subsection, the possessor has not secured the firearm as required if:

(A) A key or combination to the container, mechanical lock, or other safety device is readily available to a person whom the possessor has not authorized to carry or control the firearm or who is not legally permitted to possess the firearm; or

(B) The firearm is a handgun and is left unattended in a vehicle (regardless of whether the vehicle itself is locked) without being secured in a separate locked container or with a safety device rendering the firearm inoperable.

(b) APPLICATION TO LAW ENFORCEMENT.—This section does not apply to a current law enforcement officer, with respect to a particular firearm, if the law enforcement agency employing that officer has a policy regarding safe storage and the firearm is stored in compliance with that policy.

(c) PENALTY.—Any person who knowingly engages in conduct that violates subsection (a) of this section shall be subject to [appropriate penalties specified by state law].

SECTION 2.  WRITTEN WARNINGS AT POINT OF SALE

(a) Each person, firm, or corporation that engages in the retail sale of any firearm, at the time of sale of any such firearm, shall provide to the purchaser thereof a written copy of Section 1 and a written warning that shall state in block letters not less than one inch in height: “UNLAWFUL STORAGE OF A FIREARM MAY RESULT IN [penalties specified by state law].”

(b) Each such person, firm, or corporation shall conspicuously post and, at all times, display the warning specified in subsection (a) of this section in block letters not less than three inches in height.

(c) Any person, firm, or corporation that violates any provision of Section 2 shall be subject to [appropriate penalties specified by state law].

SECTION 3.  CIVIL LIABILITY

(a) STRICT LIABILITY.—Any person whose act or omission constitutes a violation of Section 1(a) shall be strictly liable for damages incurred through the possession or use of such person’s firearm by a minor or a resident of the premises who is ineligible to possess a firearm under state or federal law or who poses a risk of imminent personal injury to themselves or to other individuals.  For the purposes of this section, “minor” means [appropriate age specified by state law].

(b) EXCEPTION.—Subsection (a) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.

SECTION 4. EFFECTIVE DATE

This law shall become effective on XXXXXX 1, 202X.