Child Access Prevention in Arkansas

A parent must prevent illegal firearm possession or report the possession to an appropriate authority if he or she knows that his or her minor child is in illegal possession of a firearm in or upon:

  • The premises of a public or private school;
  • A public or private school’s athletic stadium or other facility or building in which school-sponsored events are conducted; or
  • A public park, playground, or civic center.1

For purposes of this provision, “parent” is defined as a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides.2

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

Notes
  1. Ark. Code Ann. § 5-27-210(b). Minor is defined as a person under 18 years of age. Ark. Code Ann. § 5-25-101(4).
  2. Ark. Code Ann. § 5-27-210(a)(2).

Child Access Prevention in North Dakota

A parent or guardian of, or person having charge or custody of, a child under 15 years of age who permits the child to carry or use a loaded firearm in public commits a class B misdemeanor unless the child is under the direct supervision of the parent, guardian or person authorized by the parent or guardian.1 North Dakota has no other law penalizing allowing a child access to firearms.

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

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

Notes
  1. N.D. Cent. Code § 62.1-02-07.

Child Access Prevention in Kansas

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  Kansas’ child endangerment statute also makes it a misdemeanor to knowingly and unreasonably cause or permit a child under the age of 18 years to be placed in a situation in which the child’s life, body or health may be endangered.2 This crime is aggravated and treated as a “person” felony when an individual recklessly causes or permits a child under the age of 18 years to be placed in a situation in which the child’s life, body or health is endangered.3

State administrative regulations govern storage of firearms in certain locations.

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

Notes
  1. Kan. Stat. Ann. § 21-4212(a)(3).
  2. Kan. Stat. Ann. § 21-5601(a).
  3. Kan. Stat. Ann. § 21-5601(b)(1).

Child Access Prevention in Colorado

In Colorado, a person is criminally liable for a felony who:

  • Intentionally, knowingly, or recklessly provides a handgun to any person under age 18;
  • Knows of a juvenile’s unlawful possession of a handgun and fails to make reasonable efforts to prevent the juvenile’s conduct;
  • Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and permits the juvenile to possess a handgun; or
  • Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and fails to make reasonable efforts to prevent the commission of the offense.1

Any person who sells, rents, or transfers ownership of a long gun to a juvenile without the consent of his or her parent or guardian is criminally liable for a misdemeanor.2 This provision also prohibits a person from allowing unsupervised possession of a long gun by a juvenile without the consent of his or her parent or guardian.3

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

Notes
  1. Colo. Rev. Stat. § 18-12-108.7(1), (2).
  2. Colo. Rev. Stat. § 18-12-108.7(3).
  3. Id.

Child Access Prevention in North Carolina

School Property

Pursuant to North Carolina law, a parent or legal guardian who has care, custody and control of an unemancipated minor may be held civilly liable to an educational entity for negligent supervision of the minor if the minor commits certain enumerated crimes or any felony involving injury to persons or property through use of a firearm on educational property.1 The parent or legal guardian will only be liable if he or she:

  • Knew or should have known of the minor’s likelihood to commit the act;
  • Had the opportunity and ability to control the minor; and
  • Made no reasonable effort to correct, restrain or properly supervise the minor.2

Storage

Pursuant to state law, any person who resides with a minor and owns or possesses a firearm stored or left: 1) in a condition in which it can be discharged; and 2) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is criminally liable for a misdemeanor if the minor gains access to the firearm and:

  • Possesses the firearm on educational property;
  • Exhibits the firearm in a public place in a careless, angry or threatening manner;
  • Causes personal injury or death with the firearm, except in self-defense; or
  • Uses the firearm in the commission of a crime.3

Under state law, a retail seller or transferor must deliver a written copy of state law relating to storage of firearms to protect minors to the purchaser or transferee with every firearm transfer.4 A retail or wholesale store or outlet that sells firearms must conspicuously post at each purchase counter the following warning:

“IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR.”5

Use of Firearm/Furnishing Firearm

It is a misdemeanor in North Carolina for any person to knowingly permit a child under age 12 to have access to, or possession, custody or use in any manner of any firearm, whether loaded or unloaded, unless the person has the permission of the child’s parent or guardian, and the child is under the supervision of an adult.6

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

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

Notes
  1. N.C. Gen. Stat. § 1-538.3. N.C. Gen. Stat. § 48A-2 defines a “minor” as a person under the age of 18.
  2. Id.
  3. N.C. Gen. Stat. § 14-315.1.
  4. N.C. Gen. Stat. § 14-315.2; see also N.C. Gen. Stat.14-315.1.
  5. Id.
  6. N.C. Gen. Stat. § 14-316(a).

Child Access Prevention in Nebraska

Nebraska prohibits any person from knowingly and intentionally transferring or attempting to transfer the possession of a firearm to a juvenile (a person under age 18).1

However, this section does not apply to the transfer of a rifle or shotgun:

  • From a person related to the juvenile within the second degree of consanguinity or affinity if express permission has been obtained from the juvenile’s parent or guardian prior to transfer;
  • For a legitimate and lawful sporting purpose; or
  • To a juvenile who is under direct adult supervision in an appropriate educational program.2

This section also does not apply to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.3

Firearms dealers are required to distribute to all firearms purchasers information developed by the Nebraska Department of Health and Human Services regarding “the dangers of leaving loaded firearms unattended around children.”4

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

Notes
  1. Neb. Rev. Stat. § 28-1204.01(1). Neb. Rev. Stat. § 28-1201(3) defines “juvenile” as a person under age 18.
  2. Neb. Rev. Stat. § 28-1204.01(2).
  3. Neb. Rev. Stat. §§ 28-1204(2), 28-1204.01(3).
  4. Neb. Rev. Stat. § 69-2426(1).