Section 30-7-4.1 - Negligently making a firearm accessible to a minor; negligently making a firearm accessible to a minor resulting in great bodily harm or death; penaltiesA. A person commits the crime of negligently making a firearm accessible to a minor if: (1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and(2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death. Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.
B. A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if:(1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and(2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person. Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.
C. A person does not violate Subsection A or B of this section if a minor obtains a firearm: (1) that was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;(2) that was carried on the person or within the person's immediate control;(3) that was locked with a firearm safety device that rendered the firearm inoperable;(4) in the course of self-defense or defense of another person;(5) by illegal entry to the person's property; or(6) with the authorization of the minor's parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.D. As used in this section: (1) "brandish" means to display or make a firearm known to another person while the firearm is present on the person of the minor with intent to intimidate or injure a person;(2) "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion;(3) "firearm safety device" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm; and(4) "minor" means a person under eighteen years of age.Added by 2023, c. 5,s. 1, eff. 6/13/2023.