Unlawful securing of firearms; minors
The bill classifies the unlawful securing of firearms as a class 6 felony, escalating to a class 4 felony if a minor discharges the firearm resulting in serious injury or death. This represents a significant shift in liability, imposing stringent measures on gun owners and caregivers regarding firearm storage and accessibility. If enacted, the law is expected to enhance penalties for negligence in firearm storage, which advocates believe will help in reducing accidental shootings among minors.
SB1393 amends Title 13, Chapter 31 of the Arizona Revised Statutes to introduce new regulations regarding the unlawful securing of firearms and their accessibility to minors. The bill targets individuals who fail to secure firearms adequately, thus allowing minors access to readily dischargeable firearms. Under this proposed law, a person commits an offense if they neglect to take reasonable precautions, such as locking up firearms or making them inoperable, which leads to minors gaining access to these weapons.
The bill introduces an affirmative defense provision, which could potentially create controversy. It states that individuals are not necessarily committing an offense if the minor uses the firearm under specific circumstances, such as being supervised or engaging in lawful activities. Critics may argue that this provision might create loopholes allowing irresponsible behaviors regarding firearm storage, undermining the core intentions of the bill. The phrase 'criminal negligence' raises further debates about the subjective interpretation of what constitutes adequate firearm security.
Opposition to the bill could arise from those who believe that it unfairly penalizes firearm owners and imposes excessive regulations on gun ownership, an already contentious topic in the state. Supporters argue that the law is essential for promoting firearm safety and preventing tragedies caused by access to unsecured guns by minors.