Assembly Bill 356 introduces new regulations regarding the storage of firearms in residences where children under the age of 18 are present. The bill prohibits individuals from storing or leaving a firearm in their home unless it is secured in a locked box, container, or location, or has a trigger lock engaged. Violating this prohibition results in a Class A misdemeanor for a first offense and a Class I felony for subsequent offenses. This new law replaces the existing statute that penalizes reckless storage of loaded firearms accessible to children under 14, which had different criteria for penalties based on the child's actions.
Additionally, the bill amends existing statutes related to the consideration of circumstances by district attorneys and law enforcement officers when dealing with alleged violations of the new firearm storage law. Specifically, it removes references to previous penalties and allows district attorneys to consider the impact of a child's injury or death on the alleged violator when deciding whether to issue a complaint. Furthermore, it stipulates that law enforcement cannot arrest a parent or guardian of a child involved in an accidental shooting until at least seven days after the incident.
Statutes affected: Bill Text: 948.55, 968.02(4), 968.02, 968.07(3), 968.07