SB 1538 Summary

• Establishes a new crime of "unlawful securing of a firearm" when a person with criminal negligence allows a minor under 17 years old to access a readily dischargeable firearm by failing to secure it or leaving it where the minor can access it.

• Creates affirmative defenses when minors use firearms while supervised by an adult for lawful hunting or sporting purposes, in lawful self-defense, in agricultural enterprises, or while engaging in certain activities defined in existing statute.

• Provides a 7-day grace period before arrest for family members (including relatives, current/former dating partners, legal guardians, or those who lived in the same household) if the minor's discharge of the firearm causes death or serious injury to the minor.

• Classifies the offense as a Class 6 felony, but elevates it to a Class 4 felony if the minor discharges the firearm and causes death or serious physical injury to the minor or another person.

• Defines "readily dischargeable firearm" as a loaded firearm with or without a round in the chamber, and "minor" as a person under 17 years of age.