Child Access Prevention
State Law Summaries
 

Since passage of Florida's landmark Child Access Prevention law in 1989, fourteen additional states-- Connecticut, Iowa, California, Nevada, New Jersey, Virginia, Wisconsin, Hawaii, Maryland, Minnesota, North Carolina, Delaware, Rhode Island and Texas -- have enacted similar legislation.

In addition, the cities of Elgin and Aurora, Illinois; Houston, Texas; and Baltimore, Maryland, have passed laws making it a crime to leave a loaded firearm where it is accessible by children.
 

FLORIDA, enacted 1989
 

Under the Florida law, 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 law applies only if the minor gains access to the gun. The statute also 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 penalty for unlawful access 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, as well as place a warning sign at the counter.
 

CONNECTICUT, enacted 1990
 

Connecticut's law contains all of Florida's provisions and goes beyond, requiring that dealers offer trigger locks for sale at the time of purchase. The statute also requires that the state board of education develop curriculum for a firearms safety program for children K-8.
The penalty is a felony.
Minor is defined as anyone under the age of 16.
 

IOWA, enacted 1990
 

The Iowa law mirrors Florida's except that there is no requirement for the dealer to post warnings.
The penalty is a misdemeanor.
Minor is defined as anyone under the age of 14.
 

CALIFORNIA, enacted 1991
 

The California law is based on the Florida law.
The penalty is a felony.
Child is defined as anyone under the age of 14.
 

NEVADA, enacted 1991
 

The Nevada law includes the Florida provisions, but does not require dealers to provide purchasers with a written warning about the law, or to post a warning sign.
The penalty is a misdemeanor.
Minor is defined as anyone under the age of 14.
 

NEW JERSEY, enacted 1991
 

The New Jersey law is based on the Florida law, but does not require dealers to provide purchasers with a written warning about the law, or to post a warning sign.
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.
 

VIRGINIA, enacted 1991
 

The Virginia law is substantially weaker than the Florida law, simply stating 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 fifteen". The "reckless" standard will make prosecution very difficult and the law has no requirement that dealers post warnings.
The penalty is a misdemeanor.
Child is defined as anyone under the age of 12.
 

WISCONSIN, enacted 1991
 

The Wisconsin law is based on the Florida law, but uses the "reckless" standard, as in the Virginia law.
If a child obtains a gun through negligent storage and exhibits it in public, the penalty is a misdemeanor. The penalty is a felony if an injury occurs.
Child is defined as anyone under the age of 14.
 

HAWAII, enacted 1992
 

Hawaii's law is the broadest in the nation, in applying to all stored guns, 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.
 

MARYLAND, enacted 1992
 

The Maryland law used the Florida law as a model, but provides virtually no exceptions to persons who negligently store a firearm.
The penalty is a $1,000 fine.
Minor is defined as anyone under the age of 16.
 

MINNESOTA, enacted 1993
 

The Minnesota law used the Florida law as a model, and dealers are required to post notices of the new law.
The penalty is a misdemeanor.
Child is defined as anyone under the age of 14.
 

NORTH CAROLINA, enacted 1993
 

"Storage of Firearms to Protect Minors" law was amended in 1994 to change the penalty for any person to transfer a handgun to a minor from a misdemeanor to a felony.
The penalty is a felony.
Minor is defined as anyone under the age of 18.
 

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.
 

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 creates a misdemeanor offense 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. It also requires firearms dealers to post a sign with this warning: IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.
The penalty is a misdemeanor.
Child is defined as anyone under the age of 18.
 

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This document was initially produced by Handgun Control, Inc.