State Child Access Prevention to Guns

Child Access Prevention in Hawaii

Posted on Monday, January 2nd, 2012

Hawaii prohibits persons from storing firearms on property they control when they know or reasonably should know that a minor (a person under the age of 16) is likely to gain access to the firearm without the permission of the parent or guardian of the minor, unless:

  • The firearm is kept in a securely locked box or container or in a location that a reasonable person would believe to be secure; or
  • The firearm is carried on the person or within such close proximity thereto that the person readily can retrieve and use it as if it were carried on the person.1

Under state law, a person commits the offense of “criminally negligent storage of a firearm” when a minor obtains a firearm as a result of the person’s violation of state law.2 Criminally negligent storage of a firearm is a misdemeanor.3 If the minor obtains the firearm as a result of unlawful entry to any premises by any person, the owner of the firearm is not criminally liable.4

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Haw. Rev. Stat. Ann. § 134-10.5 []
  2. Haw. Rev. Stat. Ann. § 707-714.5; see also, Haw. Rev. Stat. Ann. § 134-10.5. []
  3. Haw. Rev. Stat. Ann. § 707-714.5(3). []
  4. Haw. Rev. Stat. Ann. § 707-714.5(2). []

Child Access Prevention in Idaho

Posted on Monday, January 2nd, 2012

A state administrative regulation requires firearms at a foster home to be stored:

  • Unloaded and equipped with a trigger lock;
  • Unassembled and inoperable;
  • Locked in a cabinet or storage container inaccessible to children; or
  • Locked in a gun safe inaccessible to children.1

Parents at a children’s residential care facility must keep their firearms unloaded and equipped with trigger locks and stored under lock and key and inaccessible to children.2 Ammunition must be stored under lock and key separate from firearms and inaccessible to children.3

For age requirements for the purchase or possession of firearms in Idaho, see the Idaho Minimum Age to Purchase / Possess section.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Idaho Admin. Code r. 16.06.02.435. []
  2. Idaho Admin. Code r. 16.06.02.734. []
  3. Id. []

Child Access Prevention in Illinois

Posted on Thursday, October 9th, 2014

Illinois prohibits any person from storing or leaving his or her firearm unlocked and accessible to a minor under the age of 14 if that person knows or has reason to believe that the minor under the age of 14 who does not have a Firearm Owner’s Identification (“FOID”) card is likely to gain access to the firearm and the minor causes death or great bodily harm with that firearm.1 This provision does not apply if the firearm is: 1) secured by a device, other than the firearm safety, designed to render the firearm temporarily inoperable; 2) placed in a securely locked box or container; or 3) placed in some other location that a reasonable person would believe to be secured from a minor under the age of 14.2 The prohibition also is inapplicable to any firearm obtained by a minor because of an unlawful entry of the premises by the minor or another person, or if the minor gains access to a firearm and uses it in a lawful act of self-defense or defense of another.3

When a minor under the age of 21 legally acquires a FOID card by obtaining the permission of a parent or guardian, that parent or guardian becomes liable for civil claims for damages resulting from the minor’s use of firearms or ammunition.4

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. 720 Ill. Comp. Stat. 5/24-9(a). []
  2. Id. []
  3. 720 Ill. Comp. Stat. 5/24-9(c). []
  4. 430 Ill. Comp. Stat. 65/4(c). []

Child Access Prevention in Indiana

Posted on Monday, January 2nd, 2012

Indiana provides that a child’s parent or legal guardian who knowingly, intentionally, or recklessly permits the child (defined as a person under age 18;1 ) to possess a firearm, either:

  • While aware of a substantial risk that the child will use the firearm to commit a felony; and
  • While failing to make reasonable efforts to prevent the use of a firearm by the child to commit a felony; or
  • When the child has been convicted of a crime of violence or has been adjudicated as a juvenile for an offense that would constitute a crime of violence if the child were an adult;

commits dangerous control of a child, a Class C felony.2

The offense is a Class B felony if the child’s parent or legal guardian has a prior conviction under this section.3

In addition, an adult who knowingly, intentionally, or recklessly provides a firearm to a child for any purpose other than those specified4 commits “dangerous control of a firearm,” a Class C felony.5 The offense rises to a Class B felony if the adult has a prior conviction under this section.6

A child who knowingly, intentionally, or recklessly provides a firearm to another child with or without remuneration for any purpose other than those described in section 35-47-10-1, with or without remuneration, commits “dangerous possession of a firearm,” a Class A misdemeanor.7 The offense rises to a Class C felony if the child has a prior conviction under this section.8

Firearms in youth camps must be locked in cabinets or buildings.9 Caregivers in child care homes must keep all ammunition and firearms in a locked area inaccessible to children whenever children are present.10 Providers at certain child care facilities must ensure that firearms and ammunition are secured in a locked area, by key or combination, where children cannot gain access.11

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. See Ind. Code Ann. § 35-47-10-3. []
  2. Ind. Code Ann. § 35-47-10-7. []
  3. Id. []
  4. See the exceptions to the child possession and transfer restrictions at Ind. Code Ann. § 35-47-10-1. []
  5. Ind. Code Ann. § 35-47-10-6. []
  6. Id. []
  7. Ind. Code Ann. § 35-47-10-5(2). []
  8. Id. []
  9. 410 Ind. Admin. Code 6-7.2-21(g). []
  10. 470 Ind. Admin. Code 3-1.1-48(e). []
  11. 470 Ind. Admin. Code 3-18-10(a). []

Child Access Prevention in Iowa

Posted on Monday, January 2nd, 2012

Iowa prohibits any person from storing or leaving a loaded firearm that is “not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if the person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor’s parent, guardian, or person having charge of the minor.”1 If the minor lawfully gains access to the firearm without the consent of his or her parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to any person, the parent, guardian, or person having charge of the minor is criminally liable for a serious misdemeanor.2

If the minor obtains the firearm as a result of an unlawful entry by any person, this criminal liability will not attach.3

Any person who sells, loans, gives, or makes available a rifle or shotgun or ammunition for a rifle or shotgun to a minor is criminally liable for a serious misdemeanor for a first offense and a class “D” felony for second and subsequent offenses.4 However, a parent, guardian, spouse age 18 or older, or another person with the express consent of the minor’s parent or guardian or spouse who is at least age 18 may allow a minor to possess a rifle or shotgun or ammunition for lawful use.5

Any person who sells, loans, gives or makes available a handgun or ammunition for a handgun to a person under age 21 is criminally liable for a serious misdemeanor for a first offense and a class “D” felony for second and subsequent offenses.6 This prohibition does not apply to:

  • A person age 18, 19 or 20 while on military duty or while a peace officer, security guard or correctional officer, when such duty requires the possession of such a weapon or while the person receives instruction in the proper use of such firearms from an instructor age 21 or older; or
  • A parent, guardian or spouse age 21 or older, of a person from age 14 up to age 21, who may allow the child to possess a handgun or ammunition for a handgun for any lawful purpose while under the direct supervision of the parent, guardian or spouse, or while the person receives instruction in the proper use of such firearms from an instructor age 21 or older, with the consent of the parent, guardian or spouse.7

For other measures related to child access prevention, see the Iowa Locking Devices section.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Iowa Code § 724.22(7). []
  2. Id. []
  3. Id. []
  4. Iowa Code § 724.22(1). []
  5. Iowa Code § 724.22(3). []
  6. Iowa Code § 724.22(2). []
  7. Iowa Code § 724.22(4), (5). []

Child Access Prevention in Kansas

Posted on Monday, January 2nd, 2012

Kansas has no state statute specifically relating to firearms access by children, but state law prohibits any person from creating a hazard, which includes “[e]xposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children.”1

State administrative regulations govern storage of firearms in certain locations.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Kan. Stat. Ann. § 21-4212(a)(3). []

Child Access Prevention in Kentucky

Posted on Monday, January 2nd, 2012

Kentucky does not impose criminal liability for negligent storage of a firearm, even if a child gains access to the firearm and causes an injury or death. Kentucky prohibits any person from intentionally, knowingly or recklessly providing a handgun to a person under age 18 or permitting a person under age 18 to possess a handgun, except in the limited situations where it is legal for the person under 18 to possess a handgun.1

In addition, the state prohibits any parent or guardian of a juvenile from intentionally, knowingly or recklessly providing to the juvenile a handgun or permitting a juvenile to possess a handgun if the parent or guardian:

  • Knows that there is a substantial risk that the juvenile will use a handgun to commit a felony offense;
  • Knows that the juvenile has been convicted of a crime of violence; or
  • Knows the juvenile has been adjudicated a public offender of an offense which would constitute a crime of violence.2

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Ky. Rev. Stat. Ann. § 527.110(1)(a). See also Ky. Rev. Stat. Ann. § 237.060(5) (defining “juvenile” as person under age 18). A person “unlawfully” provides a juvenile with a handgun or permits a juvenile to possess a handgun under Ky. Rev. Stat. Ann. § 527.110(1) when he or she intentionally, knowingly, or recklessly provides a handgun to any person he or she knows or has reason to believe is under age 18, and for whom possession of the handgun would be a violation of Ky. Rev. Stat. Ann. § 527.100 (generally criminalizing possession of a handgun by a minor, with certain exceptions—see Minimum Age to Purchase & Possess in Kentucky for details), Ky. Rev. Stat. Ann. § 527.040 (criminalizing possession of a firearm by a convicted felon or a “youthful offender” convicted of a felony), or Ky. Rev. Stat. Ann. § 600.020 (defining abused or neglected children). Ky. Rev. Stat. Ann. § 527.110(1)(a). []
  2. Ky. Rev. Stat. Ann. § 527.110(1)(b). []

Child Access Prevention in Louisiana

Posted on Monday, January 2nd, 2012

Louisiana has no law that prohibits allowing a child access to firearms.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

Child Access Prevention in Maine

Posted on Monday, January 2nd, 2012

Maine has no law that prohibits allowing a child access to firearms, although it generally prohibits transferring ammunition to a minor under age 16.1

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Me. Rev. Stat. tit. 17-A, § 554. []

Child Access Prevention in Maryland

Posted on Monday, January 2nd, 2012

Maryland law provides that a person “may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.”1 This section does not apply if:

  • The child’s access is supervised by an individual age 18 or older;
  • The child’s access was obtained as a result of unlawful entry;
  • The firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or
  • The child has a certificate of firearm and hunter safety.2

State administrative regulations may impose storage requirements in certain locations.

For other measures related to child access prevention, see the Maryland Locking Devices section.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Md. Code Ann., Crim. Law § 4-104(c). “Child” is defined as a person under age 16, per Md. Code Ann., Crim. Law § 4-104(a)(3). []
  2. Md. Code Ann., Crim. Law § 4-104(b). []