Law Alabama House committee OKs bill requiring safe storage of firearms

[spamking]

This story says it has a slim chance of passing, but I thought it was an interesting bill.

Under the bill, gun owners would be required to secure their firearms so that children cannot have access to the gun, such as a trigger lock or a gun safe.

A parent or guardian whose child carried an unsecured firearm to school could be charged with a Class A misdemeanor, punishable by up to a year in jail and a $6,000 fine.

Especially when you consider the exception listed below:

• The legislation also creates an exception for the parent if the child uses the firearm in self-defense.

Doesn't this defeat the purpose of properly securing a gun from a child?

 

[CantCucktheTuck]

you don't have to have a safe to properly secure a firearm from a child.

 

[spamking]

you don't have to have a safe to properly secure a firearm from a child.

I agree, but why push for safe storage if there's an exception for a child who gains access to the firearm (for self-defense) that's supposed to be secured so they can't?

 

[Poon Goon]

That exception is included in Texas law too. It's worded as an "affirmative defense to prosecution". My guess is that the thinking behind it is that nobody is getting charged with this unless the kid that gets the gun does something that would necessitate police involvement. If the kid is shooting a robber you're good, if the kid shoots himself or another kid then you're fucked.

Texas law also prohibits police from making an arrest before the seventh day after the offense was committed. Which is basically allowing a parent to grieve and have a funeral before they go to jail.

Another cool affirmative defense is being engaged in an agricultural enterprise when the offense occurs.

 

[LeonardoBjj]

I agree, but why push for safe storage if there's an exception for a child who gains access to the firearm (for self-defense) that's supposed to be secured so they can't?

- Lets say that several gun owners, arent reponsible enought to own a gun or rise kids.

 

[spamking]

- Lets say that several gun owners, arent reponsible enought to own a gun or rise kids.

Okay? I'm sure that might be the case for some people. Now what? How does that address my question?

 

[spamking]

That exception is included in Texas law too. It's worded as an "affirmative defense to prosecution". My guess is that the thinking behind it is that nobody is getting charged with this unless the kid that gets the gun does something that would necessitate police involvement. If the kid is shooting a robber you're good, if the kid shoots himself or another kid then you're fucked.

Texas law also prohibits police from making an arrest before the seventh day after the offense was committed. Which is basically allowing a parent to grieve and have a funeral before they go to jail.

Another cool affirmative defense is being engaged in an agricultural enterprise when the offense occurs.

I might need a lawyer to explain it to me . . .

 

[Poon Goon]

I might need a lawyer to explain it to me . . .

Probably better that way, but I'll try again anyway. Police aren't going around looking to enforce this law proactively. So theoretically guns can be stored however you choose. Of course the age and maturity level of the kid determines what a responsible gun owner would do. A 16 year old kid who has been trained in gun safety and isn't a psycho is a completely different story than a 5 year old, but technically they are both "children".

It only becomes a problem if the kid does something stupid with the gun. If he shoots someone he's not supposed to or carries it to school then they can use this law against the gun owner. If he shoots someone breaking into the house then they have an out so they aren't forced to jail the gun owner when the gun was used for a good purpose.

 

[jamel]

So basically an extra charge for all you Alabamians that plan on being shit dads.

If cops have to go in your crib for any reason to charge you it just means you catching an extra discretionary charge

 

[emefer]

 

[HockeyBjj]

you don't have to have a safe to properly secure a firearm from a child.

Nix the requirements, but make parents responsible for what their kids do with their gun (unless they full on broke a safe open) and it’d be a good law.

 

[djacobox372]

Nix the requirements, but make parents responsible for what their kids do with their gun (unless they full on broke a safe open) and it’d be a good law.

That's literally what the law says. You'd only ever be charged if the child was caught with the gun.

 

[nhbbear]

I would say there is both good and bad in this legislation. Locking up the guns is smart if kids ever come into the house, but I am not a fan of the govt telling me how to exercise my second amendment rights to keep and bare arms

 

[spamking]

Probably better that way, but I'll try again anyway. Police aren't going around looking to enforce this law proactively. So theoretically guns can be stored however you choose. Of course the age and maturity level of the kid determines what a responsible gun owner would do. A 16 year old kid who has been trained in gun safety and isn't a psycho is a completely different story than a 5 year old, but technically they are both "children".

It only becomes a problem if the kid does something stupid with the gun. If he shoots someone he's not supposed to or carries it to school then they can use this law against the gun owner. If he shoots someone breaking into the house then they have an out so they aren't forced to jail the gun owner when the gun was used for a good purpose.

Thanks.

I guess I just see things as if the investigation determines some form of neglect leads to an unsafe environment due to a child being able to easily access a firearm that there really wouldn't be a need to put this law in place.

 

[Lucas1980]

Nix the requirements, but make parents responsible for what their kids do with their gun (unless they full on broke a safe open) and it’d be a good law.

What if the kid gets a butcher knife from the house and kills someone? Would the parents also be responsible as well?

 

[HockeyBjj]

What if the kid gets a butcher knife from the house and kills someone? Would the parents also be responsible as well?

A butcher knife is far less deadly in the hands of a kid than a gun, so I’d say no due

 

[Lucas1980]

A butcher knife is far less deadly in the hands of a kid than a gun, so I’d say no due

But he had access to a tool that can kill someone...recently a Young scholar just stabbed a women to death and I believe he wasnt even 11 yet...so where is the line drawn and who draws it?

 

[Rob Battisti]

Nix the requirements, but make parents responsible for what their kids do with their gun (unless they full on broke a safe open) and it’d be a good law.

Bingo. I don’t like telling people how to make it safe but am totally fine with anyone getting charged with negligent homicide if their firearm was used when it was not properly stored

 

[PG29 red0 Jr]

How is a child supposed to defend themselves from an adult if they don't have access to firearms?

https://www.wvtm13.com/article/11-year-old-protects-talladega-home-against-intruder-1/3835627

 

[HockeyBjj]

But he had access to a tool that can kill someone...recently a Young scholar just stabbed a women to death and I believe he wasnt even 11 yet...so where is the line drawn and who draws it?

I draw the line at something that is designed only to kill someone. IE a gun.