§ 11-47-60.1. Safe storage — Unsafe storage of a firearm.
(a) Nothing in this section shall be construed to reduce or limit any existing right to
purchase and own firearms and/or ammunition or to provide authority to any state or
local agency to infringe upon the privacy of any family, home or business except by
lawful warrant.
(b) A person who stores or leaves a firearm in any place is guilty of the violation of
unsafe storage of a firearm unless the firearm is secured in a locked container or
equipped with a tamper-resistant mechanical lock or other safety device, properly
engaged in order to render such firearm inoperable by any person other than the owner
or other lawfully authorized user. This section does not apply to a firearm that is
being carried by or can be readily carried by a lawfully authorized user who is in
proximity to the firearm. Any violation of this subsection shall result in, for a
first offense, a civil infraction punishable by a fine of not more than two hundred
fifty dollars ($250), and for a second offense, a civil infraction punishable by a
fine of not more than one thousand dollars ($1,000). A third or subsequent violation
of this subsection shall, upon conviction, be punished by imprisonment for no more
than six (6) months, or a fine of not more than five hundred dollars ($500), or both.
(c) A person who stores or leaves on premises under their control a firearm and who knows
or reasonably should know that a child is likely to gain access to the firearm without
the permission of the child's parent or guardian, or who knows or reasonably should
know that a person who is prohibited, under state or federal law, from purchasing
or possessing firearms is likely to gain access to the firearm, is guilty of criminal
storage of a firearm in the second degree if a child or person who is prohibited,
under state or federal law, from purchasing or possessing firearms obtains access
to the firearm. Any person who violates this section shall, upon conviction, be punished
by imprisonment for no more than one year, or be fined not more than one thousand
dollars ($1,000) or both. For purposes of this section, a "child� is defined as any
person who has not attained the age of eighteen (18) years.
(d) A person is guilty of criminal storage of a firearm in the first degree if they commit
the crime of criminal storage in the second degree and the firearm obtained by a child
or a person who is prohibited, under state or federal law, from purchasing or possessing
firearms is used by said person in the commission of a crime or to cause injury to
himself or herself or any other person. Any violation of this subsection shall, upon
conviction, be punishable by imprisonment for not more than five (5) years, or a fine
of not more than five thousand dollars ($5,000), or both.
(e) The provisions of subsections (c) and (d) of this section shall not apply whenever
any of the following occurs:
(1) The child or person who is prohibited, under state or federal law, from purchasing
or possessing firearms obtains the firearm as a result of an illegal entry of any
premises by any person or an illegal taking of the firearm from the premises of the
owner without permission of the owner;
(2) The firearm is secured in a locked container or equipped with a tamper-resistant mechanical
lock or other safety device, properly engaged in order to render such firearm inoperable
by any person other than the owner or other lawfully authorized user;
(3) The firearm is being carried by or can be readily carried by a lawfully authorized
user who is in proximity to the firearm; or
(4) [Deleted by P.L. 2024, ch. 107, § 1 and P.L. 2024, ch. 108, § 1.]
(5) The child or person who is prohibited, under state or federal law, from purchasing
or possessing firearms obtains or obtains and discharges the firearm in a lawful act
of self-defense or defense of another person.
(6) [Deleted by P.L. 2024, ch. 107, § 1 and P.L. 2024, ch. 108, § 1.]
(f)(1) If the person who allegedly violated this section is the parent or guardian of a child
who is injured or who dies as the result of an accidental shooting, the attorney general
shall consider among other factors, the impact of the injury or death on the person
who has allegedly violated this section when deciding whether to prosecute an alleged
violation.
(2) It is the intent of the general assembly that a parent or guardian of a child who
is injured or who dies of an accidental shooting shall be prosecuted only in those
instances in which the parent or guardian behaved in a grossly negligent manner.