Firearm Safe Storage Rule

Summary#

This bill, called Ethan's Law, would make it a federal crime for a person to keep a firearm at their residence in a way that allows a minor or a person who is legally barred from firearms to access it without permission, unless the firearm is stored securely or the owner is carrying it. It also creates a federal grant program to help States and Tribes adopt and enforce laws like this. The bill states Congress’s view that failing to follow the storage rule should count as negligence in legal claims.

• Main change: Adds a new federal safe-storage rule for firearms kept at a person’s residence and sets penalties for violations.
• Penalties: A $500 fine per violation; if someone obtains the firearm and causes injury or death, the owner can face up to 5 years in prison and fines, and the firearm may be seized.
• Grants: Creates a Firearm Safe Storage Program that gives grants and grant-preference to States and Tribal governments that pass laws “functionally identical” to the federal rule.
• Legal statement: Inserts a “sense of Congress” that failure to comply is negligence and should be treated as a cause of harm in civil claims (this is a nonbinding statement of congressional view).
• Severability: If part of the law is struck down, other parts remain in force.

What it means for you#

• Gun owners who keep firearms at home

  • You must keep firearms stored so that a minor (under 18) or another resident who is barred from firearms cannot access them without permission, unless you use a secure storage device, put the gun in a place a reasonable person would think is secure, or you are carrying the gun or have it very close at hand.
  • If you fail to follow the rule you can be fined $500 per violation. If someone obtains the gun and causes injury or death, you can face prison time (up to 5 years), fines, and forfeiture of the gun.

• Families with children or with household members barred from firearms

  • The bill is aimed at reducing accidental shootings, suicides, and the use of household guns by ineligible residents or minors.

• State and Tribal governments

  • States and Tribes that enact laws that are “functionally identical” to the federal rule can apply for federal grants to support enforcement and compliance.
  • For fiscal years 2025–2029, such States/Tribes get affirmative preference for certain Justice Department discretionary grants.

• Law enforcement and courts

  • May be asked to enforce the federal storage rule and handle forfeiture proceedings for improperly stored firearms. Grant funds may be used to help enforcement and court actions.

• Gun owners who carry

  • The law does not require secure storage when the owner is carrying the firearm or has it so close they can readily retrieve and use it.

Expenses#

No publicly available information.

• The bill creates a federal grant program that will require funding for grants to eligible States and Tribes and for administering those grants at the Department of Justice.
• There could be additional law enforcement, court, and forfeiture costs at federal and state levels to enforce storage rules.
• Private costs could include buying safes, locks, or other approved storage devices; enforcement may also create compliance costs for households.
• The bill does not include a fiscal estimate or dollar amounts for the grant program in the text provided.

Proponents' View#

The bill appears intended to reduce firearm access by minors and by household members who are prohibited from possessing guns. Possible supporting arguments that follow from the bill’s text include:

• Reducing accidental shootings, youth suicides, and school shootings by keeping household firearms secured.
• Preventing firearms kept at home from being stolen and later used in crimes.
• Encouraging States and Tribes to adopt similar safe-storage laws by offering grants and grant-preference.
• Creating a clear federal standard about safe storage to support enforcement and civil liability where improper storage leads to harm.

Opponents' View#

The bill’s text raises several practical and legal questions that could form the basis for concerns:

• The bill does not define what counts as a “secure gun storage or safety device,” nor exactly what “a location that a reasonable person would believe to be secure” means, which could make enforcement and compliance uncertain.
• The standard “knows, or reasonably should know” that a minor is likely to gain access is vague and may be hard to apply in some cases.
• The “sense of Congress” statement that failure to comply constitutes negligence is a nonbinding expression of view; it is unclear how courts will treat that statement or whether it will change civil liability in practice.
• The bill would create new enforcement and court duties for federal and state authorities; the text does not specify funding levels, so actual costs and resource needs are unclear.
• Some people may be concerned about criminal penalties for owners whose unsecured firearm is accessed by another person in complex or accidental circumstances; the bill allows criminal penalties when a person obtains the firearm and causes injury or death.