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IN HB1048
Bill
Status
1/3/2019
Primary Sponsor
Carolyn Jackson
Click for details
AI Summary
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Retail firearm dealers must conspicuously display signage warning that it is unlawful for child care providers, custodial parents, legal guardians, or grandparents to fail to secure loaded firearms from children under 18; violations are a Class C infraction, elevated to Class A for repeat offenders.
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Failing to secure a loaded firearm from a child constitutes "dangerous storage of a firearm," a Class B infraction that escalates to a Class A misdemeanor with one prior conviction, or a Level 6 felony if it results in serious bodily injury/death or the person has two or more prior convictions.
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"Secure" is defined as storing a firearm in a locked container or rendering it inoperable via trigger lock or disassembly; "loaded" includes ammunition in the firearm or in close proximity where it can be readily placed in the firearm.
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Defenses to prosecution include lawful possession by a child (such as supervised activities), self-defense by the child, or if the child obtained the firearm through criminal acts like burglary, robbery, or theft.
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Knowingly or intentionally discharging a loaded firearm in a city or town without legal justification, outside designated discharge areas, constitutes "dangerous discharge of a firearm," a Level 6 felony.
Legislative Description
Firearm storage. Requires a retail dealer to conspicuously display certain language regarding the accessibility of firearms by children at the retail dealer's place of business. Provides that a child care provider or custodial parent, legal guardian, or grandparent who knowingly, intentionally, or recklessly fails to secure a firearm against accessibility by a child commits dangerous storage of a firearm, a Class B infraction. Provides that the offense is a Class A misdemeanor if the child care provider or custodial parent, legal guardian, or grandparent has a prior, unrelated conviction for the offense. Provides that the offense is a Level 6 felony if: (1) the offense results in death or serious bodily injury; or (2) the child care provider or custodial parent, legal guardian, or grandparent has two or more prior, unrelated convictions for the offense. Provides certain exceptions. Provides immunity in certain instances. Provides that a person not in a place specifically set aside for the discharge of a firearm who knowingly or intentionally discharges a loaded firearm without legal justification while in a city or town commits a Level 6 felony.
Last Action
Representative Smith, V. added as coauthor
1/24/2019