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State Summaries
Child Access Prevention (or CAP) Laws hold gun owners responsible if they leave guns easily accessible to children and a child improperly gains access to the weapon. Eighteen states have enacted standard CAP laws: California, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas, Virginia, and Wisconsin.
In addition to the 18 standard CAP laws, Kansas courts have held that gun owners may be held civilly liable for leaving guns easily accessible to children; Maine has a "child endangerment" statute that references children under 16 obtaining firearms and requires gun stores and gun shows to post signs warning gun owners that they may be prosecuted if they leave firearms where children can access them; and Montana holds adults/guardians responsible if a child under 14 possesses a firearm in public without adult supervision.
California
enacted 1991, strengthened in 1999
The California law makes it a crime to store or leave a loaded firearm within easy access of a child if the child obtains the firearm without permission and threatens or injures someone, or carries the firearm off the premises. The law does not apply if the firearm were stored in a locked or secure container or with a child-safety lock.
- The penalty depends on circumstances, up to a felony.
- Child is defined as anyone under the age of 18.
- Gun dealers are required to post warning signs about the law.
Connecticut
enacted 1990
Connecticut's law makes it a crime to store or leave a loaded firearm within easy access of a child if the child obtains the firearm without permission and injures someone. The law does not apply if the firearm were stored in a locked or secure container or with a child-safety lock.
- The penalty is a felony.
- Minor is defined as anyone under the age of 16.
Delaware
enacted 1994
The Delaware law makes it illegal for an adult to unlawfully permit a minor access to a firearm when the adult intentionally or recklessly stores or leaves a loaded firearm within the reach or easy access of a minor, and the minor obtains the firearm and uses it to inflict serious bodily injury or death upon himself or any other person.
- The penalty is a misdemeanor.
- Minor is defined as anyone under the age of 18.
Florida
enacted 1989
The Florida law makes it is a crime to store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun. The law does not apply if the firearm is stored in a locked box, secured with a trigger lock.
- The penalty is a misdemeanor unless the minor injures someone in which case it is a felony.
- Child is defined as anyone under the age of 16.
- Gun dealers are required to provide purchasers with a written warning about the law, as well as place a warning sign at the counter.
Hawaii
enacted 1992
Hawaii's law is the broadest in the nation. It applies to all firearms, whether loaded or unloaded, and no incident must occur in order to incur criminal penalties.
- The penalty is a misdemeanor.
- Minor is defined as anyone under the age of 16.
Illinois
enacted 1999
The Illinois law makes it illegal for a person to store or leave any loaded firearm in a way that allows a minor to gain access to the firearm without permission from a parent or guardian and use it to injure or kill. A firearm is properly stored if it is secured by a trigger lock, placed in a securely locked box or placed in some other location that a reasonable person would believe to be secured from a minor.
- The penalty is a misdemeanor.
- Child is defined as anyone under the age of 14.
Iowa
enacted 1990
The Iowa law makes it is a crime to store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun. The law does not apply if the firearm is stored in a locked box, secured with a trigger lock.
- The penalty is a misdemeanor.
- Minor is defined as anyone under the age of 14.
Maryland
enacted 1992
The Maryland law makes it is a crime to store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun.
- The penalty is a $1,000 fine.
- Minor is defined as anyone under the age of 16.
Massachusetts
enacted 1998
The Massachusetts law provides that it is unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user.
- The penalty is a misdemeanor in the case of a firearm, rifle or shotgun that is not a large capacity weapon, and can be a felony in the case of a large capacity weapon or machine gun.
- Child is defined as anyone under the age of 18.
- Gun dealers are required to post warning signs about the law.
Minnesota
enacted 1993
The Minnesota law makes it is a crime to store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun.
- The penalty is a misdemeanor.
- Child is defined as anyone under the age of 14.
- Gun dealers are required to post warning signs about the law.
Nevada
enacted 1991
The Nevada law makes it is a crime to store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun.
- The penalty is a misdemeanor.
- Minor is defined as anyone under the age of 18, but broad exemptions exist for children age 14-17 who are engaged in hunting/sport.
New Hampshire
enacted 2000
The New Hampshire law makes it illegal for a person to store or leave any loaded firearm in a way that allows a minor to gain easy access to the firearm without permission from a parent or guardian and use it to injure or kill.
- Penalty is a fine of not more than $1,000.
- Child is defined as anyone under the age of 16.
New Jersey
enacted 1991
The New Jersey law makes it is a crime to store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun.
- The penalty is a misdemeanor unless someone is injured, then the penalty is a felony.
- Minor is defined as anyone under the age of 16.
North Carolina
enacted 1993, strengthened in 1994
The North Carolina law makes it is a crime to store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun.
- The penalty is a misdemeanor.
- Minor is defined as anyone under the age of 18.
Rhode Island
enacted 1995
The Rhode Island law provides that a person who stores or leaves on premises under his control, a loaded firearm and who knows or reasonably should know that a child is likely to gain access to the firearm commits a misdemeanor if the child obtains access to the firearm and causes death or great bodily injury.
- The penalty is a misdemeanor.
- Child is defined as anyone under the age of 16.
Texas
enacted 1995
The Texas law makes it a crime when a child gains access to a firearm because an adult fails to secure a readily dischargeable firearm or left the firearm in a place to which the person knew or should have known that a child would gain access.
- The penalty is a misdemeanor.
- Child is defined as anyone under the age of 17.
- Gun dealers are required to post warning signs about the law.
Virginia
enacted 1991
The Virginia law simply states that it is "unlawful to recklessly leave a loaded firearm so as to endanger the life or limb of any child under the age of fourteen." The "reckless" standard makes prosecution difficult.
- The penalty is a misdemeanor.
- Child is defined as anyone under the age of 14.
Wisconsin
enacted 1991
The Wisconsin law makes it is a crime to "recklessly" store or leave a loaded firearm within the reach or easy access of a child if the child gains access to the gun.
- The penalty is a misdemeanor if the child exhibits it in public, but a felony if an injury occurs.
- Child is defined as anyone under the age of 14.
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