A child access prevention law (often abbreviated CAP law; also sometimes called a safe storage law) makes it illegal for an adult to keep a gun in a place and manner so that a child can easily access and fire it. Proponents of these laws, such as the Law Center to Prevent Gun Violence, argue that they are effective at reducing accidental gun deaths among children, since they reduce accessibility and thereby risk. The National Rifle Association has lobbied against such laws, arguing that they are ineffective and infringe on the rights of gun owners to protect their homes. “This poorly thought out legislation is without any consideration for personal circumstances. It invades people’s homes and forces them to render their firearms useless in a self-defense situation by locking them up.”-National Rifle Association-Institute for Legislative Action on Seattle’s recently passed safe-storage ordinance (NRA-ILA 2018). CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children unsupervised access to guns. Gun safety advocates support CAP laws as a way to limit firearm-related homicides, as well as a way to decrease suicides among minors and the number of children killed by unintentional shootings. Guns in homes pose a clear safety risk, particularly to children. When household guns are not stored safely or securely, the risk of death or injury only increases. Child access prevention laws hold gun owners accountable for the safe storage of firearms, imposing liability for failing to take simple yet important measures to prevent guns from falling into young hands. Easy access to firearms in the home results in high rates of unintentional gun deaths among children, youth suicides, and school shootings. Child access prevention (CAP) laws are an important tool for reducing these child gun deaths. CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children to have unsupervised access to guns. CAP laws may apply to all firearms, loaded firearms, or handguns only, and some states require that stored firearms include a locking device. Utah does not penalize an adult who recklessly or negligently allows a minor access to a firearm. In Utah, a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor, defined as under age 18, who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult. The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor’s possession. Minimum Age to Purchase & Possess a Gun in UtahToo often, minors have also used their families’ unsecured firearms to intentionally perpetrate violence against others .Utah law provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. The state further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she: Legal Definition of Dangerous Weapons on School PropertyAccording to the state code, no one including Utah school kids is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor. There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded. Description of State Child Access Prevention LawsThe majority of states have laws designed to prevent children from accessing firearms. The strongest laws impose criminal liability when a minor gains access to a negligently stored firearm. The weakest prohibit persons from directly providing a firearm to a minor. There is a wide range of laws that fall somewhere between these extremes, including laws that impose criminal liability for negligently stored firearms, but only where the child uses the firearm and causes death or serious injury. Weaker laws impose liability only in the event of reckless, knowing or intentional conduct by the adult. States also differ on the definition of “minor” for purposes of preventing access to firearms by children. Laws Imposing Criminal Liability when a Child Gains Access as a Result of Negligent Storage of a Firearm: Fourteen states (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas) have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm. Typically, these laws apply whenever the person “knows or reasonably should know” that a child is likely to gain access to the firearm. There are a number of variations in these types of laws, including whether the child must use the firearm, and whether the firearm must be loaded. The most significant variations are described below: • States Imposing Criminal Liability Only if Child Uses or Possesses the Firearm: California, Connecticut, Florida, Illinois, Iowa, New Hampshire, North Carolina and Rhode Island require that the child possess or use the firearm in some way before liability attaches. In California, Connecticut, Illinois, Iowa, and Rhode Island, the statute applies when the child uses the firearm to cause death or serious injury. California, Iowa, Florida, New Hampshire and North Carolina also impose liability when the minor takes the firearm to a public place, and/or uses the firearm in a threatening manner. The New Hampshire and North Carolina statutes also impose liability when the child uses the firearm in the commission of a crime. • States Requiring that All Firearms Be Stored with a Locking Device in Place: Massachusetts and the District of Columbia require that all firearms be stored with locking devices in place to prevent accidental discharge. These laws are another important means to protect children from gaining unauthorized access to firearms and causing death or injury. Gun Attorney Free ConsultationWhen you need legal help with gun law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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