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H.R. 1564: Ethan's Law

This bill, known as Ethan's Law, aims to amend existing regulations regarding the storage of firearms to enhance safety, particularly around minors. It introduces several key provisions:

Secure Gun Storage Requirements

The bill establishes requirements for firearm owners regarding the secure storage of guns. Specifically, it makes it unlawful for individuals to store or keep firearms in a residence if they know, or should reasonably know, that:

A minor is likely to gain access to the firearm without permission, or
A resident of the home is prohibited from possessing a firearm under federal, state, or local law.

If an owner complies by using a secure storage device or by storing the gun in a manner a reasonable person would consider secure, they would not be in violation. However, those who fail to comply could face penalties, including fines of $500 per violation.

Enhanced Penalties

If a violation occurs and a minor or prohibited person gains access to the firearm and causes injury or death, the offender could face more severe consequences, including a fine, imprisonment for up to five years, or both. Firearms stored incorrectly could also be subject to seizure.

Firearm Safe Storage Program

The bill also proposes the establishment of a Firearm Safe Storage Program, which would provide grants to states and tribal governments that enact laws similar to the new storage requirements. The aim is to assist these entities in implementing and enforcing these regulations. Eligible states or tribes would be able to receive funds for law enforcement agencies to promote compliance with the new storage regulations.

Sense of Congress on Liability

The bill expresses that failure to comply with the storage regulations should be seen as negligence. If this negligence leads to harm caused by a firearm, it should be considered a legal or proximate cause of that harm, regardless of any other circumstances.

Findings and Rationale

The findings included in the bill emphasize several points:

Millions of minors live in homes with unsecured firearms, with many aware of their locations.
Unsecured firearms significantly raise the risk of shootings and suicide attempts among young people.
A considerable percentage of firearms used in school shootings are obtained from the shooter's home or a relative's home.
The increasing gun violence in neighborhoods adversely affects local economies and property values.

These findings serve as the rationale for the proposed regulations, aiming to reduce the risks associated with unsecured firearms in homes where minors or prohibited individuals reside.