AN ACT relating to gun safety for children.

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AN ACT relating to gun safety for children. 1
WHEREAS, guns that are not stored safely or securely pose a clear safety risk to 2
children in the form of unintentional gun deaths, youth suicides, and school shootings; 3
and 4
WHEREAS, studies show that between 70 percent and 90 percent of guns used in 5
youth suicides, unintentional shootings among children, and school shootings perpetrated 6
by shooters under the age of 18 are acquired from the home or the homes of relatives or 7
friends; and 8
WHEREAS, it is imperative to impose liability on adults for failing to take simple 9
yet important measures to prevent unsupervised access to guns by young hands; 10
NOW, THEREFORE, 11
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 12
Section 1. KRS 527.010 is amended to read as follows: 13
As used [The following definitions apply] in this chapter , unless the context otherwise 14
requires: 15
(1) "Booby trap device" has[shall have] the same meaning as [ set forth] in KRS 16
237.030;[.] 17
(2) "Deface" means to remove, deface, cover, alter, or destroy the manufacturer's serial 18
number or any other distinguishing number or identification mark;[.] 19
(3) "Destructive device" has[shall have] the same meaning as [ set forth] in KRS 20
237.030;[.] 21
(4) "Firearm" means any weapon which will expel a projectile by the action of an 22
explosive;[.] 23
(5) "Handgun" means any pistol or revolver originally designed to be fired by the use 24
of a single hand, or any other firearm originally designed to be fired by the use of a 25
single hand; and 26
(6) "Securely locked container": 27
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(a) Means a container that is fully enclosed and locked by a padlock, keylock, 1
combination lock, or similar locking device; and 2
(b) Does not include the glove compartment of a motor vehicle unless the glo ve 3
compartment can be manually locked. 4
SECTION 2. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) A person is guilty of unlawful storage of a firearm when: 7
(a) He or she recklessly stores or leaves a firearm in a manner that allows a 8
minor to have unsupervised access to a firearm that is not secured by: 9
1. A securely locked container; 10
2. A device or mechanism, other than the firearm safety, designed to 11
render the firearm temporarily inoperable; or 12
3. Carrying the firearm on his or her body; and 13
(b) A minor, without permission of the minor's parent or guardian, accesses the 14
firearm. 15
(2) Unlawful storage of a firearm is a Class B misdemeanor unless the minor, 16
without legal justification, uses the firearm in a manner that results in physical 17
injury, serious physical injury, or death to the minor or another person, in which 18
case it is a Class A misdemeanor. 19
(3) A person shall have an affirmative defense to a prosecution under this section if a 20
minor obtained a firearm through the minor's unlawful entry of any premises or 21
the motor vehicle where the firearm has been stored. 22
Section 3. This Act may be cited as the Baby Dre Gun Safety Act. 23