Child Access Prevention Laws
QUESTIONS & ANSWERS

What is a "Child Access Prevention" law?

"Child Access Prevention" (CAP) laws, often referred to as "Safe Storage" laws generally require adults to either store loaded guns in a place that is reasonably inaccessible to children, or use a device to lock the gun. If a child obtains an improperly stored, loaded gun, the adult owner is criminally liable.

What is the origin of CAP laws?

In 1989, Florida became the first state to pass a CAP law because of increasing gun fatalities among children. Under the Florida law (§784.05), it is a crime to store or leave a loaded firearm within the reach or easy access of a minor, defined as persons under the age of 16.

The Florida law applies only if the minor gains access to the gun. The statute specifically states that the law does not apply if the firearm is stored in a locked box, secured with a trigger lock, or obtained by a minor through unlawful entry. The gun owner's penalty for unlawful access by a minor is a misdemeanor unless the minor injures himself or someone else, in which case the penalty is a felony.

Gun dealers are required to provide purchasers with a written warning about the law, and to place a warning sign at the counter.

Have any other states passed similar legislation?

Since passage of Florida's landmark CAP law in 1989, fourteen additional states -- California, Connecticut, Delaware, Hawaii, Iowa, Maine, Maryland, Minnesota, New Jersey, North Carolina, Rhode Island, Texas, Virginia, and Wisconsin -- have enacted similar legislation. In addition, the cities of: Elgin and Aurora, Illinois; Houston, Texas; Wichita, Kansas; and Baltimore, Maryland have passed laws making it a crime to leave a loaded firearm where it is accessible by children.

Why are CAP laws necessary?

Tragic stories resulting from the careless storage of guns are all too common. For example, in 1994, an 8-year-old Texas boy fatally shot his 4-year-old sister with a handgun he found in their parents' closet.¹ In 1993, a 5-year-old Connecticut boy shot and killed himself with a gun he found in the living room closet in which his toys were kept.² And the statistics are startling:

• The overall firearm death rate among children 0-14 years old is nearly l2 times higher in the US than in the 25 other industrialized nations combined. ³
• Every day, 16 children in America are killed with guns, and at least one of them is shot unintentionally.
• In 1993 alone, 526 children and teenagers died in unintentional shootings.⁵
• Firearms are the 4th leading cause of accidental deaths among children 5 to 14 years old, and the 3rd leading cause of accidental deaths among 15- to 24- year olds.⁶
• Hospital emergency departments treat 4 children for gunshot wounds for every child killed by gunfire.⁷

Although the primary intention of CAP laws is to help prevent unintentional injury, CAP laws also serve to reduce juvenile suicide and homicide by keeping guns out of the reach of children. Consider:

• On average, an American youth between 1 0 and 19 years old commits suicide with a handgun every 6 hours, resulting in approximately 1,500 lives lost each year. ⁸
• Since 1984, the number of juveniles killing with a gun has quadrupled, while the number killing with all other weapons combined has remained virtually constant.⁹
• From 1983-1991, the proportion of homicides in which a juvenile used a gun increased from 55% to 78%. ¹⁰
• Between 1987 and 1990, 72% of weapons confiscated from Florida students, including guns, were traced to their homes. ¹¹
• From 1984-1991, the number of known juvenile homicide offenders increased by more than 100%, while the number of adult offenders increased only 20% over the same period. ¹²

Where do the children who unintentionally shoot themselves and others get their guns?

Unintentional shootings commonly occur when children find an adult's loaded handgun in a drawer or closet, and while playing with it shoot themselves, a sibling, or a young friend. Importantly, no matter how careful parents are, their children are still exposed to the potential negligence of a neighbor, relative or other adult the child visits.

• 91 % of the handguns involved in unintentional shootings come from the home where they occur. ¹³
• 50% of unintentional shootings take place in the home of the victim, while 38% take place in the home of a friend or relative. ¹⁴
• Currently there are more that 223 million firearms in the possession of private citizens in the US -77,000,000 of these are handguns. ¹⁵
• Half the homes in America contain at least one gun. ¹⁶
• In a 1994 national poll of gun owners, 1 in 4 reported keeping guns loaded and ready for use. ¹⁷
• 1,200,000 latchkey children have access to guns when they come home from school. ¹⁸

How can a gun owner prevent access by children?

Many of the CAP laws require that the guns be safely secured -- this can be done easily by storing the gun in a locked box, or by attaching a trigger lock. These locks can preserve quick access by the owner for self-protection in the home while preventing young children from firing the locked gun. Trigger locks are relatively inexpensive, are easy to use, and can save lives. Connecticut's law specifically requires dealers to offer trigger locks for sale at the time of purchase, thereby bringing the problem and a simple solution to the attention of the purchaser before buying the gun. Other locking devices are commonly available at gun stores.

What are the questions raised by critics of CAP laws?

Do CAP laws work, or are they 'feel good" laws? CAP LAWS WORK. Making adults responsible for allowing a loaded gun to fall into a child's hands has helped stop this senseless violence in states that have passed these laws.

In Florida, which was the first state to pass a CAP law, the results were dramatic – unintentional shooting deaths dropped by more than 50% the first year. ¹⁹ California has shown similar results. ²⁰

Because Florida gun dealers are required to provide purchasers with a written warning about the law, and to place a warning sign at the counter, people are made aware of the problem, the law, and the solution before even buying a gun. CAP laws raise public awareness of the problem, and provide a simple solution. Following passage of the Florida CAP law, the Associated Press reported that gun dealers couldn't keep gun locks and safety boxes in stock. One gun dealer stated that he previously sold 4 or 5 trigger locks for every 100 guns, but following passage of the law everybody was buying them. The dealer was quoted as saying, "There's a whole new awareness about guns, and that can only lead to less accidents". ²¹

Will grief-stricken parents be imprisoned for the death of their child? Not necessarily. The purpose of CAP laws is to deter negligent gun storage and protect children, not to put anyone in jail. The surest way to deter improper conduct is to pass a law, and in order for a law to have effect, it must contain a penalty for violation. As we have seen in Florida, this approach works.

It is important to remember that the victim's parent is not necessarily the owner of the firearm. Half the time, children are shot with a gun owned by an adult other that the parent, and 30% of the time it is a neighbor's gun. ²² Furthermore, prosecutors always have discretion over whether or not to press charges; they are not insensitive to the grief of parents.

Does the use of a trigger lock impair the ability to use a gun in self-defense? NO. Gun Tests magazine has recommended certain trigger locks that take only seconds to unlock, while working well as child safety devices. ²³ Other "smart guns" will only operate if the user is wearing a special ring -- these guns are ready to fire for the wearer immediately. ²⁴

Do CAP laws prevent children from hunting or target shooting? NO. These laws only affect the unsupervised storage of loaded guns. They do not prevent children from lawfully using or possessing guns while under proper adult supervision or within the parameters of other relevant state laws.

Does the gun lobby always oppose this type of legislation?

No. The National Rifle Association (NRA) has publicly supported CAP laws in Florida, California, Iowa, Maryland, and Wisconsin. In a letter dated July 10, 1991, NRA lobbyist Brian Judy stated to California State Senator Lockeyer:

This bill is a deliberate attempt to go after those very few individuals who refuse to take precautions necessary to protect young children around them while allowing the responsible gun owner to decide, based on his particular situation, how to keep a loaded firearm within his premises. [This bill] will in no way hurt California's responsible gun owners. ²⁵

Furthermore, Richard Gardiner, who was Director of State and Local Affairs for the NRA, told The Boston Globe in 1989 that his organization would not oppose Child Access Prevention laws in other states. ²⁶

But the NRA has not been consistent. The NRA lobbied against and helped kill CAP bills in Rhode Island in 1994, and Indiana in 1996, claiming that CAP bills cause some type of discrimination against gun owners. Rhode Island succeeded in passing a CAP bill in 1995, despite intense opposition from the NRA.

What can I say to a parent who keeps a gun in the home?

First, every gun owner needs to know that a gun in the home is 43 times more likely to be used to kill a family member or friend than to kill in self-defense. ²⁷ It also triples the likelihood of a domestic homicide ²⁸ and increases by five the occurrence of suicide. ²⁹ Owning a firearm requires taking precautions, especially when children are around.

Second, parents are already familiar with safety measures such as seat belts, car seats, bicycle helmets, window guards, and locks for medicines and poisons. Parents need to take a similar view towards a gun in the home. The American Academy of Pediatrics and the Center to Prevent Handgun Violence have proposed simple steps that can save lives. They advise removing the gun from the home entirely, especially a handgun, as the most effective way to prevent accidental shootings. At a minimum, they advise safe and secure storage of the gun; "If you own a gun, empty it out, lock it up." They also encourage parents to talk to their children about the risk of gun injury outside the home and to speak with the parents of their children’s' friends to make sure they also are taking appropriate precautions. ³⁰

Return to Current Issues

This document was initially produced by Handgun Control, Inc.

ENDNOTES